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2012 Supreme(Gau) 413

ANIMA HAZARIKA, SWAPAN CHANDRA DAS
Narendra Singh Rathore – Appellant
Versus
Union of India, Represented by the Secretary to the Government of India, Ministry of Home Affairs, North Block – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff:Mr. M. Chanda, Advocate, Mr. P. Nongbri, Advocate, Mr. S. Choudhury, Advocate and Mr. N. Mozika, Advocate
For Respondents/Defendant: Mr. S.C. Shyam, CGC

JUDGMENT

S.C. Das, J.

1. By this writ petition, the petitioner challenged the impugned judgment and order dated 30.03.2010, passed by Central Administrative Tribunal, Gauhati Bench, in O.A. No. 38 of 2009, whereby and whereunder the Tribunal dismissed the prayer of the petitioner for promotion to the post of Hindi Officer. The petitioner also challenged letters No. 1.14017/Rec (Adm-IV)/NSR/2008/161 dated 17.12.2008 and No. 1.14017/C/ Rec(Adm-IV)NSR/08/170 dated 30.12.2008(Annexure 9 and Annexure-10 to the writ petition), issued by the respondent No. 2, refusing the prayer of the petitioner for his promotion to the post of Hindi Officer and the petitioner sought the following relief:

In the premises aforesaid, the petitioner prays

(C) A Writ of Mandamus should not issue directing and/or commanding the respondents to grant the legitimate promotion due to the petitioner to the post of Hindi Officer in the Assam Rifles, from his present post of Hindi Translator Grade-I even since it was due since 1992, in terms of the 'Assam Rifles Hindi Officer and Hindi Translator Grade-I, Recruitment Rules, 2002, notified on 08.05.2002 which statutory rules framed under Article 309 of the Constitution











































































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