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2016 Supreme(Gau) 266

MANOJIT BHUYAN
Suren Talukdar (II) – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D. Choudhury, Ms. A.K. Choudhury, Mr. M. Choudhury, Ms. C. Baishya, Mr. T. Ali
For the Respondents: Mr. B.J. Talukdar

JUDGMENT :

1. The petitioner who is an ex-serviceman was appointed as a Sub-Inspector on 21.12.1993 in terms of the Scheme formulated by the Government of India called the Prevention of Infiltration of Foreigners Additional Scheme dated 03.06.1987. The said Scheme was brought about for strengthening the Assam Government machinery towards detection and deportation of foreigners. Such appointment of the petitioner was made through a Selection Board and to a post which had been duly sanctioned under the aforesaid PIF Additional Scheme dated 03.06.1987. On attaining the age of superannuation, the petitioner retired from the said civil employment on and from 31.12.2014.

2. The instant writ petition is instituted seeking a direction to the respondents for regularising the break-in-service of the petitioner for the period from 21.12.1998 to 07.02.1999 with consequential benefits in respect of the arrear salary for the said period and with all his pensionary benefits together with benefits of leave encashment that stands to his credit to a maximum of 300 days.

3. For the purpose of adjudication, the issue with regard to regularisation of the break-in-service for the period from 21.12.1998 to










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