Guwahati Court December 2000 Judgments
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Jagadish Chandra Roy Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-21-2000
1. By this petition under Article 226 of the Constitution of India, the petitioner Jagadish Ch. Roy (since deceased) challenged the order dated 12.1.1994 (Annexure-2) passed by the respondent No. 2 rejecting the prayer of the petitioner seeking pensionary benefits and also sought for a direction commanding the respondents to allow the petitioner pensionary benefits.2. The petitioner entered in service as Assistant Teacher in Pragati Vidya Bhavan, a Govt. aided private school on 23.3.1974 while the petitioner's date of birth was as on 1.1.1920. The petitioner's service at the relevant time was governed by the Union Territories Government Aided School Teachers Contributory Provident Fund-cum-Insurance-cum-Pension Rules, 1965 (hereinafter called'Triple Benefit Scheme'). Under the aforesaid scheme, a teacher of a Govt. aided school would go on retirement on completion of 60 years and the authority may in exceptional cases grant extension of service, but not beyond the age of 65 years subje...
Banani Das Purkayastha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-20-2000
1. Petitioner initially filed Civil Rule No. 3799 of 1996 for quashing the order dated 25.1.1995 (Annexure-4) and for issue of a writ directing the respondents to appoint her to the post of Lecturer in Political Science in B. Barooah College in terms of resolutions dated 21.9.1995 and 10.6.1995 passed by the Governing Body (Annexures-5 and 7 respectively). While admitting the petition, this court vide order dated 19.8.1996 directed that the interim order passed on 7.8.1996 calling upon the parties to maintain status-quo. 2. Thereafter Civil Rule No. 3427 of 1998 has been filed for absorption/regularisation of the petitioner in the post of Lecturer in view of her selection made in pursuance of the earlier advertisement dated 30.4.1994 (Annexure-2) and also for quashing the advertisement dated 13.7.1998 in so far as it relates to the post of Lecturer in Political Science. 3. I have heard the learned counsel for both the parties at length. I have also perused the pleadings and other doc...
Banani Das Purkayastha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-20-2000
1. Petitioner initially filed Civil Rule No. 3799 of 1996 for quashing the order dated 25.1.1995 (Annexure-4) and for issue of a writ directing the respondents to appoint her to the post of Lecturer in Political Science in B. Barooah College in terms of resolutions dated 21.9.1995 and 10.6.1995 passed by the Governing Body (Annexures-5 and 7 respectively). While admitting the petition, this court vide order dated 19.8.1996 directed that the interim order passed on 7.8.1996 calling upon the parties to maintain status-quo.2. Thereafter Civil Rule No. 3427 of 1998 has been filed for absorption/regularisation of the petitioner in the post of Lecturer in view of her selection made in pursuance of the earlier advertisement dated 30.4.1994 (Annexure-2) and also for quashing the advertisement dated 13.7.1998 in so far as it relates to the post of Lecturer in Political Science.3. I have heard the learned counsel for both the parties at length. I have also perused the pleadings and other documen...
Jayanta Kumar Bhattacharjee and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-19-2000
1. Heard Mr. A. K. Bhowmik, learned senior counsel for the petitioners and Mr, B. R. Bhattacherjee, learned Advocate General Assisted by Mr. A. Ghosh, learned counsel for the respondents. 2. The aforesaid two writ petitions though filed by the different e petitioners alleging identical grievance and sought for identical relief and as such, as agreed by the parties, both the cases have been taken up for final hearing analogously. 3. In Civil Rule No. 375/1998, there are as many as threepetitioners, who unfolded their grievances as follows :- That the petitioner Nos. 1 and 2 are Graduates and the petitioner No. 3 is not Graduate and have been looking for suitable job. The respondent-State Government through several Departments issued Job Forms inviting the eligible candidates to fill up the Job Forms g for being considered for appointment to the respective posts/jobs in accordance with their eligibility and qualification. The Job Form so submitted by the candidates had gone through pro...
Jayanta Kumar Bhattacharjee and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-19-2000
1. Heard Mr. A. K. Bhowmik, learned senior counsel for the petitioners and Mr, B. R. Bhattacherjee, learned Advocate General Assisted by Mr. A. Ghosh, learned counsel for the respondents.2. The aforesaid two writ petitions though filed by the different e petitioners alleging identical grievance and sought for identical relief and as such, as agreed by the parties, both the cases have been taken up for final hearing analogously.3. In Civil Rule No. 375/1998, there are as many as threepetitioners, who unfolded their grievances as follows :-That the petitioner Nos. 1 and 2 are Graduates and the petitioner No. 3 is not Graduate and have been looking for suitable job. The respondent-State Government through several Departments issued Job Forms inviting the eligible candidates to fill up the Job Forms g for being considered for appointment to the respective posts/jobs in accordance with their eligibility and qualification. The Job Form so submitted by the candidates had gone through proper s...
Mayuri Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-14-2000
1. These two appeals are directed against the common judgment and order dated 24.8.2000 of the learned Single Judge in WP(C) No. 3250/99 and WP(C) No. 3631/99.2. The facts relevant for the purpose of disposal of these two appeals briefly are that admission to MBBS/BDS Course in the Medical Colleges of Assam and the Regional Dental College, Guwahati are regulated by a set of executive instructions notified under notification dated 16th August, 1996 of the Govt. of Assam, Health and Family Welfare (B) Department, called the Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996 (for short "the Rules, 1996"). In accordance with the Rules, 1996, common entrance examination was held for admission to the MBBS/BDS Course in the Medical Colleges of Assam and in the Regional Dental College, Guwahati, for the academic Session 1998-99. The appellants of the two Writ Appeals Miss Mayuri Sarma and Shri Udyan Bhattacharjee took the said...
Urmila Bala Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-14-2000
P.G. Agarwal, J. 1. Heard Mr. S.N. Bhuyan, learned Senior Advocate for the petitioner. Mr. A.S. Choudhury, learned counsel for the respondent No. 5 and Mr. B.J. Talukdar, learned Govt. Advocate for the respondent Nos. 1 to 4. 2. The case of the petitioner is that she was appointed as a teacher in Akaya Girls M.E. School Petitioner passed HSLC examination and she obtained the Degree in Hindi Bisharad and she Joined the post on 17.4.1972 in the said school. The school, was recognised by the Government with effect from 1.6.1967 and subsequently received ad-hoc grant with effect from 1.2.1968. The said school was brought under deficit system of grant-in-aid with effect from 1.3.1976. The school was provincialised with effect from 1.10.1977 alongwith the services of the petitioner. In the year 1999, when the then Head Master was placed under suspension, petitioner being the seniormost teacher in the school, looked after the school as Head master Subsequently, the said suspension order wa...
State of Assam and anr. Vs. Jibanjyoti Baishya and ors.
Court: Guwahati
Decided on: Dec-14-2000
1. These appeals are directed against the judgments and orders of the learned Single Judge in Writ Petition (Civil) Nos. 4267/2K, 4669/2K, 4534/2K and 4358/2K directing the appellants to admit the respondents in MBBS/BDS Course in the Medical College of Assam/Regional Dental College, Guwahati, for the academic session 1999-2000 depending upon the availability of seats.2. The relevant facts for the purpose of disposal of these appeals briefly are that admissions of students to MBBS/BDS Course in the Medical Colleges of Assam/Regional Dental College, Guwahati are regulated by a set of Executive Instructions made by the Government of Assam by notification dated 16.8.1996 called the Medical Colleges of Assam And Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996, (hereinafter referred to as "the Rules, 1996"). A common entrance examination was held in accordance with the Rules, 1996, for candidates of the State of Assam. The respondents in these write ...
State of Assam and anr. Vs. Jibanjyoti Baishya and ors.
Court: Guwahati
Decided on: Dec-14-2000
A.K. Patnaik, J. 1. These appeals are directed against the judgments and orders of the learned Single Judge in Writ Petition (Civil) Nos. 4267/2K, 4669/2K, 4534/2K and 4358/2K directing the appellants to admit the respondents in MBBS/BDS Course in the Medical College of Assam/Regional Dental College, Guwahati, for the academic session 1999-2000 depending upon the availability of seats.2. The relevant facts for the purpose of disposal of these appeals briefly are that admissions of students to MBBS/BDS Course in the Medical Colleges of Assam/Regional Dental College, Guwahati are regulated by a set of Executive Instructions made by the Government of Assam by notification dated 16.8.1996 called the Medical Colleges of Assam And Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996, (hereinafter referred to as 'the Rules, 1996'). A common entrance examination was held in accordance with the Rules, 1996, for candidates of the State of Assam. The respondent...
Mayuri Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-14-2000
A. K. Patnaik, J. 1. These two appeals are directed against the common judgment and order dated 24.8.2000 of the learned Single Judge in WP(C) No. 3250/99 and WP(C) No. 3631/99.2. The facts relevant for the purpose of disposal of these two appeals briefly are that admission to MBBS/BDS Course in the Medical Colleges of Assam and the Regional Dental College, Guwahati are regulated by a set of executive instructions notified under notification dated 16th August, 1996 of the Govt. of Assam, Health and Family Welfare (B) Department, called the Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996 (for short 'the Rules, 1996'). In accordance with the Rules, 1996, common entrance examination was held for admission to the MBBS/BDS Course in the Medical Colleges of Assam and in the Regional Dental College, Guwahati, for the academic Session 1998-99. The appellants of the two Writ Appeals Miss Mayuri Sarma and Shri Udyan Bhattacha...
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