RAJESH KUMAR GURUNG vs UNION OF INDIA AND 2 ORS Advocate - DY.S.G.I. — WA/288/2024

Case Summary: WA/288/2024 - Rajesh Kumar Gurung v. Union of India Court Decision: The Gauhati High Court dismissed Rajesh Kumar Gurung's appeal against denial of promotion. The court found that since Gurung remained on Extra Regimental Employment (ERE) duty for four years without submitting a written request for relief or return to field duty, he was presumed to have stayed voluntarily, thereby failing to accumulate the mandatory two Annual Confidential Reports (ACRs) from Field Battalion units required for promotion under ROI 4/2002 (as amended 2013). Key Reasoning: While acknowledging ERE posting instructions obligating timely reliever dispatch, the court held that without evidence of Gurung's formal request for repatriation or departmental orders mandating his return, the burden fell on him to formally seek relief. By joining field duty four years later, he had exhausted the five-year window required to gather two qualifying ACRs, making promotion ineligible under regulations. This case analysis is maintained by casestatus.in based on publicly available court records.