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2008 Supreme(Gau) 172

B.D.AGARWAL
Jongong Taijong – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: K. Ete, N. Ratan, M. Kato, D. Padu, Mama Tang, T. Son, N. Danggen,S. Sarkar, C. Chapo, B. Sonam, K.T. Tana and T. Siga, Advs.
For Respondents/Defendant: R.H. Nabam, Sr. G.A.

JUDGMENT

B.D. Agarwal, J.

1. Both the writ petitions are being disposed of by this common judgment since the writ petitions involve a common question of law.

2. Both the writ Petitioners are praying for a writ in the nature of mandamus so as to direct the Respondents to allow them to remain in service until 60 years of age as per FR 56 (as amended in the year 1998).

3. Heard Shri K. Ete, learned Counsel for the writ Petitioner in WP (C) 2006 (AP) 438 and Shri T. Son, learned Counsel for the writ Petitioner in WP (C) 2006 (AP 443) respectively whereas the Respondents were represented by Shri R.H. Nabam, learned Senior Govt. Advocate. Also perused the pleadings and documents placed with the writ petitions as well as in the affidavit-in-opposition.

4. The Petitioners' case is that before attaining the Statehood in the year 1987, the State of Arunachal Pradesh was a Union Territory since 1972 and during that period Arunachal Pradesh was governed by the laws and rules framed by the Govt. of India. After attaining Statehood, the State of Arunachal Pradesh adopted certain enactments including the Fundamental and Supplementary Rules vide Notification dated 16.02.1989. It is the case of the Peti























































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