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2013 Supreme(Gau) 477

UJJAL BHUYAN
Vijay Laxmi and Sri Kishan Chand – Appellant
Versus
Union of India, Represented by the Secretary to the Government of India, Director General Border Roads, Chief Engineer, Headquarters Project Vartak and Chief Engineer – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. T.C. Khatri, Senior Advocate and Mr. B. Pushilal
For Respondents/Defendant: Ms. P. Gogoi, C.G.C.

JUDGMENT

Ujjal Bhuyan, J.

1. Heard Mr. T.C. Khatri, learned Senior counsel assisted by Mr. B. Pushilal, learned counsel for the petitioners and Ms. P. Gogoi, learned CGC for the respondents. By way of this writ petition, petitioners seek quashing of orders dated 06.08.2009 and other related orders and for a direction to the respondents to treat the suspension period of late P. Chandra Mouli and Sri Kishan Chand as on duty to entitle them to receive their retirement benefits.

2. It may be mentioned that during the pendency of the writ petition, petitioner No. 1 P. Chandra Mouli expired and he is represented by his legal heirs.

3. Case of the petitioners is that they were members of GREF, which is a part of the armed forces of the Union. On 15.12.1979 they had agitated before the Chief Engineer, Project Vartak. Several participants of the agitating group were taken into custody, including the petitioners.

4. Following their arrest on 15.12.1979, orders were passed under Rule 10(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 declaring them to have been put under deemed suspension from the date of their arrest. Petitioners were released on bail on 29.08.19






































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