GAHC020005692022 2025:GAU-NL:376 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH Case No. : WP(C)/212/2022 NO.G/144503A,RFN/GD MOALONG

42 ASSAM RIFLES, PERMANENT ADDRESS - KHENSA VILLAGE, MOKOKCHUNG, NAGALAND VERSUS THE UNION OF INDIA AND 3 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA,MINISTRY OF HOME AFFAIRS, GOVERNMENTT OF INDIA, NEW DELHI

2:THE DIRECTOR GENERAL ASSAM RIFLES HQ DGAR SHILLONG - 10 MEGHALAYA

3:THE DEPUTY INSPECTOR GENERAL HEADQUARTERS 10 SECTOR ASSAM RIFLES C/O 99 APO

4:THE COMMANDANT

42 ASSAM RIFLES C/O 99 AP Advocate for the Petitioner : I. IMTI LONGCHAR, SUPONGWATI WALLING,KIROBA,R ATSULA KIPS,KEKHRIESENUO,H ZELIANG Advocate for the Respondent : CGSC, BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA Advocates for the petitioner : Mr. I Imti Longchar, Advocate Advocate for the respondents : Mr. Yangerwati, CGC Date of hearing : 14.11.2024, 10.02.2025 & 23.06.2025 Date of Judgment : 13.08.2025 Judgment and Order (CAV)

Heard Mr. I Imti Longchar, learned counsel for the petitioner. Also heard Mr. Yangerwati, learned Central Government Counsel, for the respondents.

2] The petitioner before this Court hails from Khensa Village, Mokokchung, Nagaland belonging to AO Tribe of Nagaland. He is a citizen of India and belongs to a declared Scheduled Tribe of India. The petitioner was enlisted in the 42 Assam Rifle as a Rifleman (General Duty) on 19.11.2000 with Regimental No.G/144503A. The petitioner incurred four ‘red ink entries’ during his services and therefore, he was discharged from service by order dated 15.05.2010. Against the said discharge order dated 15.05.2010, the petitioner had filed this writ petition being WP(C) No.3(K) of 2015 before the Kohima Bench, Gauhati High Court. This writ petition came to be allowed and disposed of by judgment and order dated 29.07.2015, whereby the discharge order was set aside on the ground nd that the Commandant of the 42 Assam Rifles does not have the authority to discharge the petitioner under Section 11 of the Assam Rifles Act, 2006. Pursuant to the said judgment and order, the petitioner was reinstated in service and he reported on 19.09.2015. However, with effect from 15.05.2010 to 19.09.2015 the petitioner was treated as ‘dies non’ by order dated 09.09.2016. Being aggrieved, the petitioner approached the Court for the second time by filing WP(C) No.17(K)/2017. This Court by judgment and order dated 25.10.2017 allowed the writ petition directing the respondents to pay the allowances of the petitioner for the period from 15.05.2010 to 19.09.2015. Thereafter, the Union of India filed an appeal against the said order passed in WP(C) No. 17 (K) of 2017. The appeal being WA No.3(K)/2018 filed by the Union of India came to be disposed of by order dated 29.05.2019. The Appellate Court directed that the issue of payment of back wages will have to be considered again, however, as the decision to be made relates to the facts, the Appellate Court held that the question of payment of back wages would be best considered by the appellants i.e. the Union of India. The appellant no.2, namely, the Director General, Assam Rifles, Head Quarter, DGAR Shillong, Meghalaya was directed to consider the payment of back wages to the respondent, if any, for the period of 15.05.2010 to 19.09.2015 by keeping in view the proposition discussed by the Appellate Court in the forgoing Paragraphs of the order. The appellant no.2 was directed to take a decision on the question of payment of back wages within a period of 3 (three) months from the date of receipt of a certified copy of the order. The writ appeal came to be disposed of modifying the order passed by the learned Single Judge in WP(C) No.17(K)/2017. Pursuant to the direction of the Appellate Court by order dated 29.05.2019 the back wages of the writ petitioner was paid.

3] The petitioner after being reinstated in service and his backwages were also being paid, the petitioner continued to serve as a