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2018 Supreme(Gau) 389

SONGKHUPCHUNG SERTO
Nir Bahadur Chetri – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.R. Adhikari, Mr. AR Tahbildar, Ms. SJ Deka
For the Respondent: Mr. D. Barua, Ms. S. Terangpi

JUDGMENT AND ORDER :

1. Heard Mr. AR Tahbildar, learned counsel for the petitioner and Ms. S. Terangpi, learned CGC appearing on behalf of the respondents.

2. This is an application under Article 226 of the Constitution of India filed by the petitioner praying for issuance of an appropriate Writ or direction or any other appropriate orders directing the respondents to pay his pensionary benefits as per Rule 49 (2) (b) of the Central CCS (Pension) Rules, 1972.

3. The case of the petitioner as submitted by the learned counsel is that he joined Assam Rifles as Rifleman on 30.12.1959 and served as such till he was discharged on medical ground on 07.05.1970. However, he has not been given pensionary benefits as per his entitlement under Rule 49 (2) (b) of the Central CCS (Pension) Rules, 1972.

4. In support of his claim, the petitioner has submitted a copy of the letter dated 16th December, 1999 of the Commandant, 21C, 16th Assam Rifles, C/O 99 APO bearing No. Fin/8034/NE/99/1943 addressed to the Director General, Assam Rifles (NE Branch), Shillong wherein the Regiment No. of the petitioner was given as -160545 and his date of enrolment was mentioned as - 30.12.1959 and date of discharge fr











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