Guwahati Court August 2000 Judgments

Tripura Government Pensioner's Association Vs. Shashi Prakash and anr. ...

Court: Guwahati

1. This petition under Rule 6 Chapter 10 of the Gauhati High Court Rules read with Order XLVII, Rule 5 of the Code of Civil Procedure has been filed for review of the order dated 14.12.1999 passed by the learned Single Judge in Contempt case No. 17 of 1999 whereby the contempt petition was dropped and closed. Being aggrieved thereby, the petitioner, namely, the Government Pensioners' Accociation, Tripura has preferred this petition on a number of grounds controverting the manner in which the matter was disposed of. In this Review petition, the petitioner Association has prayed for fresh hearing of the entire contempt petition on merit.2. The petitioner Association filed Writ Petition No. C.R. 259/95 claiming dearness relief at the rate applicable to the Central Government pensioners. The said petition was preferred in view of insertion of Rule 55-A in the CCS (Pension) Rules which made the pensioners of the State Government eligible for Dearness Relief at the Central rate. The said pe...

Tripura Government Pensioner's Association Vs. Shashi Prakash and anr. ...

Court: Guwahati

Reported in: 2000CriLJ3688

1. This petition under Rule 6 Chapter 10 of the Gauhati High Court Rules read with Order XLVII, Rule 5 of the Code of Civil Procedure has been filed for review of the order dated 14.12.1999 passed by the learned Single Judge in Contempt case No. 17 of 1999 whereby the contempt petition was dropped and closed. Being aggrieved thereby, the petitioner, namely, the Government Pensioners' Accociation, Tripura has preferred this petition on a number of grounds controverting the manner in which the matter was disposed of. In this Review petition, the petitioner Association has prayed for fresh hearing of the entire contempt petition on merit.2. The petitioner Association filed Writ Petition No. C.R. 259/95 claiming dearness relief at the rate applicable to the Central Government pensioners. The said petition was preferred in view of insertion of Rule 55-A in the CCS (Pension) Rules which made the pensioners of the State Government eligible for Dearness Relief at the Central rate. The said pet...

Bali Ram Das Vs. State of Assam and ors.

Court: Guwahati

J.N. Sarma, J. 1. This writ application has been filed by a poor employee. The petitioner herein joined the service under the Central dairy, Khanapara as Muster roll worker in 1967 under Town Milk Supply Scheme of the Govt. of Assam at pay scale of Rs. 90/- per month. The petitioner from 1982 was treated as a casual employee and his salary has been revised from time to time as per the revision of the pay scale. The petitioner was given the annual increment. The representations were filed from time to time to regularise the service of the petitioner. Nothing was done. The petitioner was asked to appear before the Medical Board by letter dated December 15, 1995. That letter is Annexure-2 to the writ application. That is quoted below: 'No. TMS/A-30/95-96/ Dtd. Khanapara, the 15th December/95. From:- Sri B.K. Das, B.Sc.(D.T) PGDM,Superintendent, Town Milk Supply Scheme, Khanapara, Guwahati -781022. To The Additional Director, Health Service, Hengrabari, Guwahati -6. Sir, With reference ...

Dr. Samir Kr. Das Vs. Aparna Das @ Tripti Das

Court: Guwahati

1. This appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the Judgment and decree dated 9-6-1997 passed by the learned District Judge, Cachar at Silchar in Title Suit No. 37 of 1994. A suit was filed by the present appellant for a decree of divorce on the ground of desertion of the appellant (husband) by the respondent-wife. 2. The brief facts are as follows :- The parties were married according to Hindu rites on 8-3-1980. It was a marriage by negotiation. The plaintiff-respondent is a Doctorand the defendant-wife was a Science graduate. A daughter was born out of the wedlock on 9.4.1981. After three months of the birth of the baby, it is alleged by the plaintiff, defendant-wife went to her parents house and she did not return to her marital home, but she took shelter at her parents house and she was brought back by the plaintiff after good deal of pursuasion. After return from her parents house, the wife did not want to reside at her marital home and wan...

Dr. Samir Kr. Das Vs. Aparna Das @ Tripti Das

Court: Guwahati

1. This appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the Judgment and decree dated 9-6-1997 passed by the learned District Judge, Cachar at Silchar in Title Suit No. 37 of 1994. A suit was filed by the present appellant for a decree of divorce on the ground of desertion of the appellant (husband) by the respondent-wife.2. The brief facts are as follows :-The parties were married according to Hindu rites on 8-3-1980. It was a marriage by negotiation. The plaintiff-respondent is a Doctorand the defendant-wife was a Science graduate. A daughter was born out of the wedlock on 9.4.1981. After three months of the birth of the baby, it is alleged by the plaintiff, defendant-wife went to her parents house and she did not return to her marital home, but she took shelter at her parents house and she was brought back by the plaintiff after good deal of pursuasion. After return from her parents house, the wife did not want to reside at her marital home and wanted ...

Nepal Chandra Paul Vs. State of Tripura

Court: Guwahati

1. The case of the writ petitioner in this writ petition is that he has purchased a plot of land in mouza and tehshil Dhanpur, holding Nos. 152 and 173 which was a part of the formerly khatian No. 21, CS plot No. 18 measuring 0.57 acres. Over the said plot of land, 13 KV high tension electric wire has been drawn without the consent of the petitioner. As a result, he has been prevented from raising any construction on the said plot of land and planting any tree under the said electric wire and also within 20 ft. each side of the said electric line. He filed an application dated 21.9.1998 to theDistrict Magistrate and Collector. West Tripura, Agartala, requesting him to direct the Department of Power, Government of Tripura, to make payment of compensation to him for drawing high tension electric wire over the said plot of land. When no orders were passed on the said application of the petitioner, he filed a representation before the Secretary to the Govt. of Tripura. Department of Powe...

Nepal Chandra Paul Vs. the State of Tripura and ors.

Court: Guwahati

A.K. Patnaik, J. 1. The case of the writ petitioner in this writ petition is that he has purchased a plot of land in mouza and tehsil Dhanpur, holding Nos. 152 and 173 which was a part of the formerly Khatian No. 21, CS plot No, 184 measuring O. 57 acres over the said plot of land, 132 KV high tension electric wire has been drawn without the consent of the petitioner. As a result, he has been prevented from raising any construction on the said plot of land and planting any tree under the said electric wire and also within 20 ft. each side of the said electric line. He filed an application dated 21-9-98 to the District Magistrate and Collector, West Tripura, Agartala, requesting him to direct the Department of Power, Government of Tripura, to make payment of compensation to him for drawing high tension electric wire over the said plot of land. When no orders were passed on the said application of the petitioner, he filed a representation before the Secretary to the Govt of Tripura, D...

Nepal Chandra Paul Vs. State of Tripura

Court: Guwahati

Reported in: AIR2000Gau167

1. The case of the writ petitioner in this writ petition is that he has purchased a plot of land in mouza and tehshil Dhanpur, holding Nos. 152 and 173 which was a part of the formerly khatian No. 21, CS plot No. 18 measuring 0.57 acres. Over the said plot of land, 13 KV high tension electric wire has been drawn without the consent of the petitioner. As a result, he has been prevented from raising any construction on the said plot of land and planting any tree under the said electric wire and also within 20 ft. each side of the said electric line. He filed an application dated 21.9.1998 to theDistrict Magistrate and Collector. West Tripura, Agartala, requesting him to direct the Department of Power, Government of Tripura, to make payment of compensation to him for drawing high tension electric wire over the said plot of land. When no orders were passed on the said application of the petitioner, he filed a representation before the Secretary to the Govt. of Tripura. Department of Power,...

Union of India and ors. Vs. Naresh Chandra Nath

Court: Guwahati

P.C. Phukan, J. 1. This Writ Appeal is directed against the judgment and order dated 8.11.1995 passed by the learned Single Judge in Civil Rule No. 1317 of 1989, 2. We have heard Mr. K.K. Mahanta, learned Senior Central Government Standing Counsel for the appellants, and Mr. R.P. Sarma, learned counsel for the respondent. 3. The facts in brief, shorn of details, and necessary for the disposal of this Appeal lie in a narrow compass. 4. The respondent in the rank of Lt. Col. Commanded 58 Forward Medical Stores Depot (FMSD in short) from January, 1981 to September, 1985. He did not resort to local purchase of medicinestill September, 1983, when the then DDG (E&S;) Med Dte, Army HQ suggested that shortage of medicines could be made up by resorting to local purchase when any item was not available through Armed Forces Medical Store Depot (AFMSD in short), Lucknow. In respect of the local purchases during the period from September, 1983 to September, 1985, adoption of irregular procedure, ...

Mira Roy and anr. Vs. State of Tripura and ors.

Court: Guwahati

1. All the writ applications raise the common question of law and almost similar facts. These writ applications have been filed by 19 petitioners in all with the prayer to set aside the Memorandum dated 31.3.1999. Annexure - 11 (wrongly typed out as Annexurc -12 in the writ petitions). Annexure - 11 reads as follows :-"No. F.3(51) - DSWE /ESTT/97GOVERNMENT OF TRIPURADIRECTORATE OF SOCIAL WELFARE & SOCIAL EDUCATIONAGARTALA: TRIPURADated, Agartala, the 31/3/1999MEMOShri/Smt. Juthika Bhattacharjee. Supervisor, ICDS was appointed on adhoc basis and his/her adhoc appointment is continued from time to time. As he/she was appointed on adhoc basis without following the selection process through TPSC. His/her adhoc appointment could not be regularised. Because of this, his/her adhoc appointment may discontinued at any time by the Government.The TPSC has issued Advertisement vide No.3/99 dated 17.3.1999 for the post of Supervisor, ICDS. The last date for submission of application is 17.4.1999. S...