Guwahati Court January 2001 Judgments

Tarunt Amuli Vs. State of Assam and ors.

Court: Guwahati

1. This petition under Article 226 of the Constitution has been preferred for setting aside the notification dated 23.9.1997 (Annexure-B) issued by the Commissioner and Secretary to the Government of Assam in the Finance department. The petitioner is the Secretary of the Goalpara District Higher Secondary Teachers' and employees Association. As many as 67 subject Teachers in different subjects were appointed in different Higher Secondary Schools in Goalpara District on ad hoc basis as per Assam Public Services (Adhoc) Rules, 1986 and they have been discharging their duties sincerely without any blemish. It is pleaded that the said 67 teachers have a right to get regularisation and prayer to this effect was also made to the respondent No. 4. No action has been taken so far to consider their case although they are entitled to regularisation as per Rules. The said 67 teachers were initially given the benefits of increment on completion of one year's service. Besides, most of them also c...

State of Tripura and ors. Vs. Bhupati Chakraborty

Court: Guwahati

B.B. Deb. J. 1. This appeal is directed against the order/Judgment dated 26.2.1996, passed by the learned Single Judge in Civil Rule No. 90- of 1996. The State of Tripura preferred this appeal. 2. In the writ petition the petitioner (respondent herein) challenged the order bearing No. F.8(12)-DF/81/909-6] dated 31.1.1996, issued by the Officer-in-Charge, Agartala Rationing Authority, Agartala, by which the appointment of the petitioner as dealer of Fair Price Shop No.33, Abhoynagar, Agartala was kept suspended. 3. The petitioner's (respondent herein) ease was that he was appointed as a Fair Price Shop dealer by the Director of Food & Civil Supplies, Government of Tripura (respondent No. 3 in the writ petition) vide order dated 30.8.1975 for Fair Price Shop No. 33 at Jagatpur, Abhoynagar. The Food Inspector lodged an FIR against the petitioner in the month of July. 1994 and all the documents of that Ration Shop had been handed over to the Food Inspector on 13.7.1994. The responde...

Tarunt Amuli Vs. State of Assam and ors.

Court: Guwahati

1. This petition under Article 226 of the Constitution has been preferred for setting aside the notification dated 23.9.1997 (Annexure-B) issued by the Commissioner and Secretary to the Government of Assam in the Finance department. The petitioner is the Secretary of the Goalpara District Higher Secondary Teachers' and employees Association. As many as 67 subject Teachers in different subjects were appointed in different Higher Secondary Schools in Goalpara District on ad hoc basis as per Assam Public Services (Adhoc) Rules, 1986 and they have been discharging their duties sincerely without any blemish. It is pleaded that the said 67 teachers have a right to get regularisation and prayer to this effect was also made to the respondent No. 4. No action has been taken so far to consider their case although they are entitled to regularisation as per Rules. The said 67 teachers were initially given the benefits of increment on completion of one year's service. Besides, most of them also cam...

State of Tripura and ors. Vs. Bhupati Chakraborty

Court: Guwahati

Reported in: AIR2001Gau70

B.B. Deb. J. 1. This appeal is directed against the order/Judgment dated 26.2.1996, passed by the learned Single Judge in Civil Rule No. 90- of 1996. The State of Tripura preferred this appeal.2. In the writ petition the petitioner (respondent herein) challenged the order bearing No. F.8(12)-DF/81/909-6] dated 31.1.1996, issued by the Officer-in-Charge, Agartala Rationing Authority, Agartala, by which the appointment of the petitioner as dealer of Fair Price Shop No.33, Abhoynagar, Agartala was kept suspended.3. The petitioner's (respondent herein) ease was that he was appointed as a Fair Price Shop dealer by the Director of Food & Civil Supplies, Government of Tripura (respondent No. 3 in the writ petition) vide order dated 30.8.1975 for Fair Price Shop No. 33 at Jagatpur, Abhoynagar. The Food Inspector lodged an FIR against the petitioner in the month of July. 1994 and all the documents of that Ration Shop had been handed over to the Food Inspector on 13.7.1994. The respondent No. 4 ...

Kanakeswar Narzary and anr. Vs. State of Assam and ors.

Court: Guwahati

H.K.Sema, J.We have heard Mr. G. Uzir, learned counsel for the petitioners, Mr. C. Chouhdury, learned Sr. Govt. Advocate, Assam and Mr. M. Sarania, learned counsel for the respondent No.3.1. This petition has been filed by a public spirited person in the form of public interest litigation. The petitioner No. 1 is the President of United Bodo National Liberation front (UBNLF), a social organisation and was an instrumental in passing the Act called 'Bodoland Autonomous Council Act, 1993' (in short 'the Act') and spearheading the implementation of the Act with letter and spirit. The petitioner No. 2 is presently a Member of the Legislative Assembly and was General Secretary of the same organisation. In this petition the petitioners are aggrieved by an order dated 17.04.2000 (Annexure-B) dissolving the ad hoc interim Bodoland Autonomous Council constituted on 15.06.1996, purportedly in exercise of powers conferred under section 62 of the Bodoland Autonomous Council Act, 1993. Petitioners ...

Vijay Kumar Sharma Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

1. This petition under Article 226 has been filed for quashing the notice dated 24.08.1999 whereby the services of the petitioner who was serving as Assistant Director (Faculty) in the State Institute of Rural Development, Arunachal Pradesh was terminated with one month's notice. In addition, the petitioner also prayed for issuance of a direction for regularisation of his services with other incidental reliefs. The notice impugned in this petition reads as follows:-'In pursuance of provisions under para-3 of order No.SIRDA-2/ 95(Estt) PM dated 22nd October, 1997 read with clause X(U of order No.SIRDA-02/95(Estt)Pt-l dated 10.11.1995,1 Shri T. Taloh, President, Executive Council. State Institute of Rural Developmeht. Arunachal Pradesh, hereby give notice to Shri V.K. Sharma, Assistant Director (Faculty) that his services in SIRD, Arunachal Pradesh, stand terminated with effect from the date of expiry ofperiod of one month form the date on which this notice is served on him.'. 2.1 have...

Vijay Kumar Sharma Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

1. This petition under Article 226 has been filed for quashing the notice dated 24.08.1999 whereby the services of the petitioner who was serving as Assistant Director (Faculty) in the State Institute of Rural Development, Arunachal Pradesh was terminated with one month's notice. In addition, the petitioner also prayed for issuance of a direction for regularisation of his services with other incidental reliefs. The notice impugned in this petition reads as follows:-'In pursuance of provisions under para-3 of order No.SIRDA-2/ 95(Estt) PM dated 22nd October, 1997 read with clause X(U of order No.SIRDA-02/95(Estt)Pt-l dated 10.11.1995,1 Shri T. Taloh, President, Executive Council. State Institute of Rural Developmeht. Arunachal Pradesh, hereby give notice to Shri V.K. Sharma, Assistant Director (Faculty) that his services in SIRD, Arunachal Pradesh, stand terminated with effect from the date of expiry ofperiod of one month form the date on which this notice is served on him.'.2.1 have he...

Ch. Surchandra Singh Vs. State of Manipur and anr.

Court: Guwahati

H.K.K. Singh, J. 1. Heard Mr. Ng. Prem Kumar Singh, the learned counsel for the petitioner. Also heard Mr. R. S. Reisang, learned Government Advocate. 2. The petitioner has been serving as Chowkidar in the Directorate of Youth Affairs and Sports, Manipur. He was appointed on 11.11.1982 by the Director of Sports Phy. Edn. & Youth Services, Government of Manipur. By an order dated 13.10.1986 passed by the Director, Youth Affairs & Sports, Government of Manipur under Sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Services) Rule 1965 the services of the petitioner were terminated. Against the said order of termination the petitioner approached this court and by a judgment and order dated 12.8.1996 passed in Civil Rule No. 312 of 1989 this court quashed the termination order dated 13.10.1986 and liberty was given to the authority concerned to take departmental action against the petitioner in accordance with the provisions of law, if so advised. Thereafter a departmental...

Pranab Kumar Saha Vs. State of Tripura and ors.

Court: Guwahati

1. The petitioner is a registered contractor under the Government of Tripura, He undertook a contract work under an agreement entered into between himself and the Director of Food & Civil Supplies Department, Government of Tripura for transportation of food grains from FCI Depot, Barpeta Road, Guwahati to Central Stores, A.D.Nagar, Agartala. The copy of the work order dated 27.2.1991 is at Annexure-1. According to the petitioner, the said work was executed by a partnership firm under the name and style M/s Radha Gobinda Brick Industries.. The copy of the unregistered partnership deed is found at Annexure-3. It so happens that the said partnership firm defaulted in making payment of the requisite tax payable under the provisions of the Tripura Sales Tax Act, 1976 (hereinafter referred to as 'the Act'). For the purpose of recovery of the said amount of tax being Rs. 3,21,633.70 paise, notice dated 5.8.1991 (Annexure-4 to the writ petition) was issued to the Director of Food & Civil Suppl...

Kanika Hazarika and ors. Vs. Sreeam Barthakur and ors.

Court: Guwahati

P.G. Agarwal, J.1. This appeal is direct-id against the judgment and award dated 3.10.1997 passed by the Member, Motor Accidents Claims Tribunal at Kamrup, Guwahati in M.A.C. Case No. 104 (K) of 1991.2. The facts in brief are that on the fateful day of 26.2.1991 at about 5.30 p.m. while Sukham Hazarika was travelling in an autorickshaw bearing registration No. AMY 1511, a truck bearing registration No. AMZ 7127 driven by one Upendra Sarma in rash and negligent manner dashed against the autorickshaw as a result of which the occupant Sukham Hazarika sustained fatal injuries. Thereafter the widow, daughter and mother of the deceased filed claim for compensation for the death of Sukham Hazarika in a vehicular accident. The owner, driver and insurance company of both the vehicles were impleaded as parties and they contested the proceeding. The Tribunal on consideration of the materials on record held that the above accident took place due to negligence of the truck driver and as such the ...