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2021 Supreme(Megh) 6

W.DIENGDOH
Mahender Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S. Chakrawarty, Ms. A. Barua.
For the Respondent: Mr. R. Debnath.

JUDGMENT :

W. DIENGDOH, J.

1. The pleaded case of the Petitioner is that he was enrolled as a recruit in Assam Rifles on 28.02.2004 and after completion of his training, he was posted with 11th Assam Rifles as his parent Unit.

2. On 20.09.2006, the Petitioner was granted 15(fifteen) days’ casual leave, which was sought to be extended to 35(thirty five) days on account of serious health condition of his mother.

3. In the meantime, the Petitioner’s father died on 03.01.2007 which has compelled him not to join service, for which he also sought to be discharged from service, but was rejected by the Respondents.

4. On 08.01.2008, the Petitioner requested the Respondent No. 6 to allow him to re-join duty through a representation which was sent by registered post and after waiting for a considerable period, he sent another request vide letter dated 13.11.2008. Apart from these representations, the Petitioner has sent a number of similar representations and has even made telephonic calls to the Adjutant of his Unit, but no reply was received from the Respondents Authorities. This prompted the Petitioner to personally appear before the Commandant for joining the Unit and accordingly, he reached

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