SHOUGRAKPAM DEVANANDA [1]

DEVANANDA SINGH Date: 2026.02.17 14:01:05 SINGH +05'30'

IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 293 of 2020 Regtl. No. JC-3400207 W Nb Sub/GD Narendra Singh, aged about 52 years, S/o Shri Jagdish Ram, resident of NPO Marwari Village Via Daulatput Chowk, P.O. Marwari, P.S.

Gagret, District: Una, Himachal Pradesh, PIN: 174319.

… Petitioner -Versus-

1. The Union of India through the Secretary, Ministry of Home Affairs, Government of India, New Delhi-1.

2. The Director General Assam Rifles, Shillong, Pin: 793011.

3. The Commandant, 45 Assam Rifles, Pin: 932045, C/o

99 APO …Respondents B E F O R E HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH For the Petitioner :: Mr. Kh. Tarunkumar, Sr. Advocate asstd. by Ms. Julekha Khan, Advocate For the Respondents :: Mr. Boboy Potsangbam, CGSC Date of Hearing :: 28-08-2026 Date of Judgment :: 17-02-2026 J U D G M E N T [1] Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Julekha Khan, learned counsel appearing for the petitioner [2]

and Mr. Boboy Potsangbam, learned CGSC appearing for the respondents.

The present writ petition has been filed with the prayer for quashing and setting aside the discharge certificate issued by the Commandant, 45^th Assam Rifles discharging the petitioner from service w.e.f. 01-08-2016 with retiring pension coupled with the prayer for directing the respondents to allow the petitioner to continue in his service.

[2] The facts of the present case, in a nutshell, are that the petitioner was enrolled in the Assam Rifles on 05-07-1986 as a Rifleman (General Duty) and was posted at 1^st Assam Rifles on completion of basic training. He was then promoted to the rank of Havildar (General Duty) on 15-02-2001, then Warrant Officer (General Duty) on 01-06-2011 and again promoted to the rank of Naib Subedar (General Duty) on 01-04-2014.

[3] The Annual Medical Examination of Personnel of Assam Rifles and cadre officers are governed by Assam Rifles Medical Examination (Categorisation and Invalidation) Rules, 1988. The petitioner's Annual Medical Examination was carried out on 30-07-2015 and his medical condition was graded as SHAPE-1 category. However, the petitioner was subsequently diagnosed [3]

to be suffering from "Primary Hypothyroidism" on 12-08-2015 at his unit, i.e., 45^th Assam Rifles. Thereafter, the petitioner was referred to the Specialist at 183 Military Hospital for opinion where his medical category was downgraded to be placed at P2 (T-24) w.e.f. 02-09-2015. The petitioner's medical category was further reviewed on 05-03-2016 wherein he was again recommended to continue in the same Low Medical Category for another six months till

05-09-2016.

[4] The Service Review Board Meeting was held on 17-02-2016 for carrying out the service review of Assam Rifles JCOs Group "B" & "C" Non-Gazetted employees and other categories for retention in service after completion of 30 years qualifying service or on attaining 55 years of age as provided under Rule 48(1)(b) of the Central Civil Services (Pension) Rules, 1972 and FR 56(j) respectively. The said Service Review Board considered the case of the petitioner and found him medically unfit for further retention beyond 30 years of qualifying service and endorsed the following remarks:-

"The JCO is LMC case for primary Hypertension w.e.f.

02 Sept. 2015 low med cat P2(T-24). The force is dply in the CI ops area in NE States and therefore retention of JCO in

LMC for P2(T-24) beyond 30 years of qualifying service or

55 years of age whichever is earlier is recommended only

subject to upgradation to med cat SHAPE-1 in the next

[4]

review Medical Board on or before completing 30 years of qualifying service."

[5] The medical condition of the petitioner was reviewed again on 05-03-2016 wherein he was recommended to continue in the same Low Medical Category, i.e., P2 for another six months till 05-09-2016. Thereafter, the authorities issued a Show Cause Notice dated 23-03-2016 informing the petitioner that in view of his p