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2022 Supreme(Gau) 660

MANISH CHOUDHURY
Kabi Chandra Talukdar – Appellant
Versus
State of Assam, Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S. Sharma, Advocate
For the Respondent: Mr. P. Nayak, learned Standing Counsel, Mr. A. Hassan, learned Standing Counsel

JUDGMENT :

In this writ petition preferred under Article 226 of the Constitution of India, the petitioner invoking the extra-ordinary jurisdiction has sought for setting aside and quashing of an order dated 08.12.2016 passed by the respondent no. 4, whereby, the respondent no. 4 by re-fixing the date of superannuation of the petitioner as 31.01.2015 instead of 31.03.2017, as recorded in service book, has made the petitioner to retire from service on superannuation with immediate effect. By the said order, the petitioner was also directed to submit his pension papers for finalization of his pension, D.C.R.G., etc. The petitioner has also assailed a Communication bearing no. Pen-7/F/A-036888/IRRI/364/2016-17 dated 10.03.2017 issued by the respondent no. 6 wherein it is observed that the pay of the petitioner was to be re-fixed in the revised scale of pay on 01.01.1989 @ Rs. 1,165/-per month with the date of next increment as 01.01.1990. The petitioner has further challenged the Gratuity Payment Order [GPO] no. 71223984917 issued vide letter bearing no. PR-7/IRG/7/036888/2017 dated 21.11.2017 wherein it is observed that an amount of Rs. 8,84,078/-would be recovered from the D.C.R.G., a

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