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2015 Supreme(Tri) 98

DEEPAK GUPTA, S.C.DAS
Prasanna Hari Jamatia – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. S. S. Debnath, Advocate
For the respondents:Mr.T.D.Majumder, Government Advocate

JUDGEMENT :

S.C. Das, J.

By filing this writ petition the petitioner prayed for issuing appropriate writ(s) directing the respondents to reinstate him in the service of Tripura State Rifles (for short ‘TSR’), 2nd Bn in the post of Havildar from which he was discharged by an order dated 16.03.1999, issued by respondent No.4 and also prayed for allowing him all service benefits.

2. Heard learned counsel, Mr. S. S. Debnath, for the petitioner and learned Government Advocate, Mr. T. D. Majumder for the Staterespondents.

3. The petitioner in his affidavit,interalia,contended that he joined TSR 1st Bn as a Rifleman on 01.09.1985 and had been serving with all his sincerity and devotion to the satisfaction of his authority. On 01.08.1991 he was promoted to the rank of LNK and thereafter on 12.08.1993 he was further promoted to the rank of NK. Subsequently, he was promoted to the rank of Havildar in the 1st Bn of TSR on 25.11.1995. On 04.12.1995 he was posted in the 2nd Bn of TSR.

It is the case of the petitioner that on 04.12.1998 he applied to the Commandant 2nd Bn. TSR, R.K.Nagar for granting him five days’ casual leave with permission to leave station for the treatment of his father, who



































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