Assam Rifles Rules | State Cannot Prematurely Retire Officers Without Following Due Procedure: Gauhati High Court

The Gauhati High Court has held that the State cannot prematurely retire members of the Assam Rifles Battalion citing 'low medical categorisation' without following the procedure laid down by the statute applicable to the organization. In the present case, the Petitioner had been retired by invoking Rule 48 of the Central Civil Service Rules, 1972, whc provides for Retirement on completion of 30 years' qualifying service, without first applying the procedure prescribed under Rule 26 of the Assam Rifles Rules, 2010. A single judge bench of Justice Michael Zothankhuma observed referred to the High Court's decision in Prodip Kumar Haloi vs. Union of India and others, where it was held that Rule 26 of the Assam Rifles Rules, 2010 would have to be followed prior to applying Rule 48 of the pension Rules/FR 56, for prematurely retiring a Government Servant due to his low medical category. The Court found that in the present case, the petitioner has been prematurely retired from service on the ground of his low medical categorization by applying Rule 48 of the 1972 Rules, without first applying the procedure prescribed under Rule 26 of the Assam Rifles Rules, 2010, which is not sustainable as per the decision of this Court in Prodip Kumar.