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2020 Supreme(Sikk) 44

MEENAKSHI MADAN RAI
Yogen Ghatani – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sudesh Joshi, Advocate
For the Respondents:Mr. Vivek Kohli, Advocate General with Mr. Thinlay Dorjee Bhutia, Government Advocate

Table of Content
1. overview of petitioners' claims and historical context (Para 1 , 2 , 3 , 4)
2. arguments on discrimination and rights (Para 6)

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Petitioners No.1 to 15 are the grandchildren of Government Servants to the Government of Sikkim prior to 31.12.1969. The Petitioners No.16 to 21 are the children of Government Servants to the Government of Sikkim on or before 31.12.1969. The Petitioners are aggrieved by the state action, by which an insertion was made in Notification No.66/Home/95, dated 22.11.1995 (for brevity, “Notification of 1995”), in Item No.5 therein, qualifying the issuance of Certificate of Identification (for short, “ COI ”), to persons whose father/husband has or had been in the Sikkim Government Service on or before 31.12.1969, “for the purpose of employment only”, by superseding Memorandum No.5(92)5/GEN/EST., dated 09.04.1981 (for short, “Memorandum of 1981”) . They also assail Item No.5 appearing in Notification No.57/Home/96, dated 27.09.1996 (for short, “Notification of 1996”), which further qualified the sentence supra by insertion of the words “and for no other purpose” causing the sentence to read as follows;

    “……

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