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2026:MLHC:468

Serial No. 07

Supplementary List

HIGH COURT OF MEGHALAYA

AT SHILLONG

WP(C) No. 199 of 2026

Date of Decision: 15.05.2026

Shri Joginder Singh, (M/s 3101763 Rfn (NA)

S/o (L) Jagir Singh, presently posted at Assam Rifles

Training Centre and School Diphu, Karbi Anglong, Assam.

…. Petitioner(s)

Versus

1. The Union of India represented by

The Commandant of Assam Rifle, IRG Centre,

Shillong, Meghalaya-793011.

2. The Director General of Assam Rifles,

Shillong, Meghalaya

3. The HQ, IGAR (S/E/Headquarter 10/21/27 Set AR.

4. The Lt. Col. SO2 Shillong, Meghalaya

Khasi Hills District. … Respondent(s)

Coram:

Hon’ble Mr. Justice H. S. Thangkhiew, Judge

Appearance:

For the Petitioner(s) : Mr. P. Yobin, Adv. with

Ms. S. Mitkong, Adv.

For the Respondent(s) : Dr. N. Mozika, DSGI with

Ms. C. Jala, Adv.

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2026:MLHC:468

__________________________________________________________

i) Whether approved for reporting in Yes/No

Law journals etc:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT AND ORDER (ORAL)

1. The instructions dated 14.05.2026 have been received and the

same is produced before this Court. The instructions reflect as follows: -

“2. Posting of No M/3101763 Rifleman (Nursing Assistant)

Joginder Singh was issued to ARTC&S on Compassionate

Medical Ground for two years with move date of 20 Sep

2023 vide this Dte posting order No 1.17015/Adm-IV (Med

Posting)/2023/247 dt 17 Aug 2023 (Annexure-1).

Accordingly, the individual reported at ARTC&S on 07 Nov

2023. On completion of two years tenure with ARTC&S, his

reversion order was issued to affiliated unit i.e. 8 AR located

at Arunachal Pradesh vide this Dte posting order No

1.17015/Adm-IV (Med Posting)/2025/235 dt 24 Oct 2025

(Annexure - II).

3. It is pertinent to mention that as per Para 279 (d) of ROI

2024 the tenure of compassionate posting is two years

which cannot be extended further.

2. The writ petitioner it is noted had already approached this

Court on an earlier occasion vide WP(C) No. 631 of 2025, wherein this

Court by an order dated 09.12.2025, considering the hardships faced by

the writ petitioner, while not setting aside the transfer order had directed

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that the movement of the writ petitioner be affected from 31.03.2026. The

Court also allowed the writ petitioner to retain his quarters, so that the

examination of his child would not be disturbed. In this second round of

litigation, the writ petitioner has again sought for stay of his transfer on

another ground, that is of illness namely, locomotor disorder.

3. Mr. P. Yobin, learned counsel for the petitioner submits that

the petitioner has been transferred to Miao in Changlang District,

Arunachal Pradesh, which he submits does not have any medical facilities,

in case the petitioner faces any difficulties. He further submits that the area

is a disturbed area, and as such the petitioner will be put to great hardships.

He therefore prays that though the petitioner in not resisting transfer, the

respondents may be directed to consider that he may be posted in a place

where medical facilities are available.

4. Dr. N. Mozika, learned DSGI assisted by Ms. C. Jala, learned

counsel for the respondents has submitted that this Court by the order

dated 09.12.2025, passed in WP(C) No. 631 of 2025, had not stayed the

transfer order but had only kept the movement order in abeyance in

consideration of the examination of the child of the writ petitioner. He

further submits that in the second round of litigation, a new ground has

been set out, which is untenable. He therefore, prays that the writ petition

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be given no consideration, and the petitioner be directed to join to his new

place of posting. The learned DSGI has further submitted that if the writ

petitioner faces any difficulties in the new place of posting, he is always

at liberty to alert the competent authorities, who shall take adequate steps

to ensure his health.

5. Having heard the learned counsel for the parties and also

perused the instru