##PAGE1##

Page No.# 1/3

GAHC010093582026

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2559/2026

ARMC 6000036Y COMMANDANT SHYAM SUNDAR SHAH

S/O SRI BISHNU PRASAD SHAH PRESENTLY SERVING AT HEAD QUARTER

INSPECTOR GENERAL ASSAM RIFLES (EAST) C/O 99APO

VERSUS

THE UNION OF INDIA AND 3 ORS.

REPRESENTED BY THE SECRETARY THE GOVT OF INDIA, MINISTRY OF

HOME AFFAIRS, NEW DELHI

2:THE DIRECTOR GENERAL

ASSAM RIFLES

DIRECTORATE GENERAL ASSAM RIFLES

SHILLONG

MEGHALAYA

PIN-793011

3:THE INSPECTOR GENERAL

ASSAM RIFLES (EAST) HEADQUARTER IGAR (EAST) SRIKONA

DIST CACHAR ASSAM C/O 99APO

4:THE DEPUTY INSPECTOR GENERAL

DIRECTOR (MEDICAL)

HEAD QUARTER DIRECTORATE GENERAL ASSAM RIFLES

SHILLONG

MEGHALAY

Advocate for the Petitioner : MR V KUMAR, MS M TIWARI,MR B PATHAK

Advocate for the Respondent : DY.S.G.I.,

Page No.# 2/3

BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

18.05.2026

Heard Mr. B Pathak, learned counsel for the petitioner.

The petitioner is employed as a Doctor in the Assam Rifles and had

suffered ankle injury in the right ankle which required implant and as a

consequence thereof, he was not considered medically suitable for posting in

hilly terrain. On the basis of the opinion of the medical board, the petitioner was

posted at Silchar and he is presently serving there. During his posting at Silchar,

the petitioner was sought to be transferred by order dated 05.08.2024, which

was challenged by filing a writ petition, being WP(C) No. 4343/2024. By order

dated 30.08.2024, the transfer order was stayed, and the matter is still pending.

Being thus situated, the Assam Rifles Authorities without putting the petitioner

to notice passed an order invalidating the earlier Medical Board’s order and

reconsidered the case of the petitioner. The Medical Board thereafter passed a

fresh opinion by order dated 01.04.2026. According to the writ petitioner

although his disability has been identified and he is shown to have been

suffering from 19.02% disability, however, there is recommendation that his

posting should be in non-hilly terrain. Learned counsel for the petitioner,

Page No.# 3/3

therefore, submits that in view of the cancellation of the earlier medical board

opinion and there being no recommendation that the petitioner should not be

posted in any hilly terrain, the petitioner may now be posted at any other place

ignoring his disability. Being aggrieved, he has filed this writ petition. It is also

submitted that the earlier medical opinion having been cancelled, the order

dated 30.08.2024 passed in the earlier writ petition being WP(C) No. 4343/2024

which is pending will now be rendered as infructuous.

Ms. B Sarma, learned CGC prays for time to complete her instructions in

this regard.

Considering the submissions made by the learned counsel for the parties,

let Notice be issued, returnable by 19.06.2026.

Since Ms. B Sarma, learned CGC appears and accepts notice on behalf of

all the respondents, notices are waived. However, extra copies be furnished to

her within 1 (one) week from today.

The respondents authority will not proceed with the transfer of the

petitioner to any hill terrain station during the pendency of the writ petition.

List the matter again on 19.06.2026.

JUDGE

Comparing Assistant