UNION OF INDIA Vs. JOGINDER SINGH

JUDGEMENT

(1.) Impugned is the judgment dated 21.07.2015 passed by the learned Single Judge in WP (C) No.383 of 2013 in terms whereof, the Director General Assam Rifles has been directed to remuster the petitioner (respondent herein) with immediate effect and to grant him pay and allowances as admissible to the post of Nursing Assistant. The exercise shall be completed within a period of three months. Same has remained to be done in view of pendency of this appeal.

(2.) Learned CGC would submit that the rules do not permit remustering, therefore, representation has been rightly rejected by the Director General Assam Rifles vide his order dated 30.09.2010. It has been observed that the claim of the petitioner is not tenable under the Recruitment Rules of 2000. Furthermore, petitioner is in low medical category P2 (permanent). Aggrieved whereof, writ petitioner (respondent herein) filed writ petition which has been allowed.

(3.) From perusal of the record and rival submissions of learned counsel for the parties what emerges is that admittedly the petitioner was enrolled in Assam Rifles on 05.09.1998 as Rifleman (General Duty). During the period of his training, an opportunity was provided by the authority of Assam Rifles to the interested armed personnel's having requisite qualification for remusteration into nursing trade. Petitioner possessing the requisite qualification availed the opportunity as such applied for remusteration of trade from General Duty category to Nursing Assistant.