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

Case under Gauhati High Court Rules Section V A. Disposed: Contested--Dismissed on 05th May 2026.

Case disposed

CNR: GAHC010117212024

Filing Number

WA/6596/2024

Filing Date

07-Jun-2024

Registration No

WA/288/2024

Registration Date

22-Aug-2024

Judge

Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

Coram

Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

Bench Type

Division Bench

Category

10237 - Writ Appeals under the Gauhati High Court Rules. ( 204 )

Judicial Branch

Civil Section

Decision Date

05-May-2026

Nature of Disposal

Contested--Dismissed

Last updated 10-Jun-2026

Acts & Sections

Gauhati High Court Rules Section V A

Petitioner(s)

  1. 1.RAJESH KUMAR GURUNG

    Adv. MR V KUMAR,MR B PATHAK,MR B PATHAK, ,MR B PATHAK

Respondent(s)

  1. 1.UNION OF INDIA AND 2 ORS Advocate - DY.S.G.I.

  2. 2.THE DIRECTOR GENERAL

  3. 3.THE COMMANDANT

Case History

  1. Case disposedDisposed

  2. 05-May-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

    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.

  3. 05-May-2026

    - Admission With Notice Served - Reply Filed -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  4. 27-Mar-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  5. 27-Mar-2026

    - Admission With Notice Served - Reply Filed -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  6. 19-Mar-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  7. 19-Mar-2026

    Admission

    Honourable Mr. Justice Arun Dev Choudhury , Honourable Mr. Justice Pranjal Das

  8. 13-Mar-2026

    Honourable Mr. Justice Arun Dev Choudhury,honourable Mr. Justice Pranjal DasView PDF

  9. 13-Mar-2026

    Admission

    Honourable Mr. Justice Michael Zothankhuma , Honourable Mr. Justice Kaushik Goswami

  10. 05-Mar-2026

    Honourable Mr. Justice Michael Zothankhuma,honourable Mr. Justice Kaushik GoswamiView PDF

  11. 05-Mar-2026

    - Admission With Notice Served - Reply Filed -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  12. 20-Feb-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  13. 20-Feb-2026

    - Admission With Notice Served - Reply Not Filed -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  14. 19-Feb-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  15. 19-Feb-2026

    Admission

    Honourable Mr. Justice Michael Zothankhuma , Honourable Mr. Justice Kaushik Goswami

  16. 02-Feb-2026

    Honourable Mr. Justice Michael Zothankhuma,honourable Mr. Justice Kaushik GoswamiView PDF

  17. 02-Feb-2026

    First hearing

    Initial hearing scheduled

  18. 19-Nov-2025

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  19. 04-Apr-2025

    Honourable The Chief Justice,honourable Mr. Justice N. Unni Krishnan NairView PDF

  20. 17-Mar-2025

    Honourable The Chief Justice,honourable Mr. Justice N. Unni Krishnan NairView PDF

  21. 20-Jan-2025

    Honourable The Chief Justice,honourable Mr. Justice Kaushik GoswamiView PDF

  22. 09-Dec-2024

    Honourable The Chief Justice,honourable Mr. Justice Kaushik GoswamiView PDF

  23. 11-Nov-2024

    Honourable The Chief Justice,honourable Mr. Justice N. Unni Krishnan NairView PDF

  24. 01-Oct-2024

    Honourable Mr. Justice Lanusungkum Jamir,honourable Mr. Justice N. Unni Krishnan NairView PDF

  25. 30-Aug-2024

    Honourable The Chief Justice,honourable Mr. Justice Suman ShyamView PDF

  26. 07-Jun-2024

    Case filed

    Registration No. WA/288/2024

casestatus.in Summary

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.

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