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2021 Supreme(Gau) 442

MICHAEL ZOTHANKHUMA
Prodip Kumar Haloi – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :R.R. Rajkumar, A. Ahmed, D. Goswami, S. Bora, U. Das, R. Mazumdar, S.P. Rai, U. Sarma, H. Bezbaruah, D. Bhuyan and N. Chakraborty, Advocates
For the Respondents:S.S. Roy, A. Gayan, K.K. Parasar, B. Sharma, S.K. Medhi, D.C. Borah and S.P. Choudhury, Advocates

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. R. Mazumdar, Mr. A. Ahmed, Ms. S. Bora, the learned counsels for the writ petitioners. Also heard Ms. A. Gayan, Mr. K.K. Parasar, Mr. S.S. Roy, Mr. B. Sarma, Mr. S.K. Medhi, Mr. D.C. Borah and Mr. S.P. Choudhury, the learned CGCs for the Union of India.

2. The subject matter in all the writ petitions being identical, the writ petitions are being disposed of by this common judgment and order.

3. The matters relate to the premature retirement of the petitioners in exercise of the powers conferred by Rule 48(1)(b) of the Central Civil Service (Pension) Rules, 1972 (hereinafter referred to as Pension Rules, 1972) and Rule 56(j) of the Fundamental Rules. Though some of the impugned orders in the various petitions show that the premature retirement of the petitioners has been done either by way of Rule 48(1)(b) of the Pension Rules, 1972 or FR 56(j), the process undertaken by the respondents for prematurely retiring the petitioners have been done by applying both Rule 48(1)(b) and FR 560).

4. The facts in W(C) No. 5774/2017 are being referred to for disposal of all the writ petitions. The petitioner, who is a Havilder Nursing Assistant in the As

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