Guwahati Court February 2001 Judgments

Swapan Kumar Handique and ors. Vs. Padma Dhar Deka and ors.

Court: Guwahati

P.G. Agarwal, J.1. All these writ appeals involve common question of law and facts and as such these are disposed of by this common Judgment.2. Heard the learned counsel for the parties.3. The matter relates to promotion of the Assistant Engineer and Executive Engineer to the post of Executive Engineer and Superintending Engineer respectively. Petitioners, in the various writ petitions out of which the present writ appeals have arisen, are all the employees of the Assam State Electricity Board, for short, the ASEB. Assam Engineering Service Regulations, 1973 framed and published by the ASEB governs the matter of promotion. As per Regulation 12 the appointment by promotion shall be made on the basis of seniority with due regard to merit and suitability in all respects as may be assessed from the Annual Confidential Reports in respect of the officers concerned. The Regulation contains other parameters and conditions for such promotion. The Regulations were, thereafter, amended in the ye...

Lalneihzovi Vs. North Eastern Hill University and ors.

Court: Guwahati

1. By this common judgment WP(C) No. 96/99, 5/2000 and 40/ 2000 are being disposed of as the issue to be decided in all these writ petitions centres around the question whether the writ petitioners who were appointed on ad hoc basis as Lecturer in the North Eastern Hill University have acquired any vested right for regularisation in service.2. I have heard Mr. K.P Pathak, the learned senior counsel for the writ petitioners and Mr. S. Sailo, the learned counsel for the respondents.3. For better appreciation I would like to clear the facts first. It would appear from the averments made in writ petition No. 96/99 that the North Eastern Hill University, hereinafter referred to as NEHU. issued an advertisement on 20th July, 1989 inviting applications for temporary posts of Lecturer in the Mizoram Camps for appointment on ad-hoc basis in the Department of Public Administration, Education and Psychology from candidates having goof academic record with at least 55% marks in the Master Degree i...

Lalneihzovi Vs. North Eastern Hill University and ors.

Court: Guwahati

1. By this common judgment WP(C) No. 96/99, 5/2000 and 40/ 2000 are being disposed of as the issue to be decided in all these writ petitions centres around the question whether the writ petitioners who were appointed on ad hoc basis as Lecturer in the North Eastern Hill University have acquired any vested right for regularisation in service.2. I have heard Mr. K.P Pathak, the learned senior counsel for the writ petitioners and Mr. S. Sailo, the learned counsel for the respondents.3. For better appreciation I would like to clear the facts first. It would appear from the averments made in writ petition No. 96/99 that the North Eastern Hill University, hereinafter referred to as NEHU. issued an advertisement on 20th July, 1989 inviting applications for temporary posts of Lecturer in the Mizoram Camps for appointment on ad-hoc basis in the Department of Public Administration, Education and Psychology from candidates having goof academic record with at least 55% marks in the Master Degree i...

Dhirendra Kumar Rabha and ors. Vs. Member, Motor Accident Claims Tribu ...

Court: Guwahati

Reported in: II(2001)ACC633; 2003ACJ1100

1. This appeal has been filed by the Claimant against the judgment and award dated 18.02.1997 passed by the Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MA.C.Case No.872(K)90. A lady aged about 40 years died in a motor accident. She was a subject teacher in Rajghar Bora H.S. School, Azara and her salary was Rupees Four thousand five hundred. At the time of death she left her husband and claimants No. 2 and 3, the minor children, namely Kumari Anindita Das Rabha, daughter and Shri Arunabh Das Rabha, the son. The learned Tribunal on consideration of the materials on record awarded a sum-of Rupees Two lakhs five thousand with interest at the rate of Rs. 12% from the date of filing of the application.2. We have heard Shri M.K. Choudhury, learned Advocate for the appellants, Shri A.K. Goswami, learned Advocate for the respondent No. 4 and Shri Barman, learned counsel for the respondent No. 7 and Shri Das, learned counsel for respondents No. 2 and 3. None appears for the oth...

Dhirendra Kumar Rabha and ors. Vs. Member, Motor Accident Claims Tribu ...

Court: Guwahati

Reported in: II(2001)ACC633,2003ACJ1100

J.N. Sarma, J. 1. This appeal has been filed by the Claimant against the judgment and award dated 18.02.1997 passed by the Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MA.C.Case No.872(K)90. A lady aged about 40 years died in a motor accident. She was a subject teacher in Rajghar Bora H.S. School, Azara and her salary was Rupees Four thousand five hundred. At the time of death she left her husband and claimants No. 2 and 3, the minor children, namely Kumari Anindita Das Rabha, daughter and Shri Arunabh Das Rabha, the son. The learned Tribunal on consideration of the materials on record awarded a sum-of Rupees Two lakhs five thousand with interest at the rate of Rs. 12% from the date of filing of the application.2. We have heard Shri M.K. Choudhury, learned Advocate for the appellants, Shri A.K. Goswami, learned Advocate for the respondent No. 4 and Shri Barman, learned counsel for the respondent No. 7 and Shri Das, learned counsel for respondents No. 2 and 3. None appe...

Biman Chandra Saha Vs. State of Tripura and ors

Court: Guwahati

1. By this petition under Article 226 of the Constitution of India, the petitioner seeks for a direction for allowing/giving him the pay and allowances meant for the post of Housing Commissioner, (equivalent to the post of Chief Engineer with effect from 31.12.1997), the date when the petitioner assumed the duties of Housing Commissioner and also seeks for a writ of mandamus directing the authorities to appoint him to the post of Chief Engineer, PWD with retrospective effect from the date of his assumption of the office as Housing Commissioner.2. The gist of the petitioner's case is that the petitioner being a graduate in Civil Engineering joined service as Junior Engineer in Public Works Department. Government of Tripura, in 1966 and, thereafter, gradually phase by phase he got promotion and ultimately he was appointed by way of promotion to the post of Superintendent Engineer on 22.6.1987. In the same manner the private respondent No. 6 was also appointed on promotion to the post of ...

Biman Chandra Saha Vs. State of Tripura and ors.

Court: Guwahati

1. By this petition under Article 226 of the Constitution of India, the petitioner seeks for a direction for allowing/giving him the pay and allowances meant for the post of Housing Commissioner, (equivalent to the post of Chief Engineer with effect from 31.12.1997), the date when the petitioner assumed the duties of Housing Commissioner and also seeks for a writ of mandamus directing the authorities to appoint him to the post of Chief Engineer, PWD with retrospective effect from the date of his assumption of the office as Housing Commissioner.2. The gist of the petitioner's case is that the petitioner being a graduate in Civil Engineering joined service as Junior Engineer in Public Works Department. Government of Tripura, in 1966 and, thereafter, gradually phase by phase he got promotion and ultimately he was appointed by way of promotion to the post of Superintendent Engineer on 22.6.1987. In the same manner the private respondent No. 6 was also appointed on promotion to the post of ...

Anil Chandra Debnath Vs. State Bank of India

Court: Guwahati

B.B. Deb, J. 1. This appeal is directed against the judgment and decree dated 27.7.1993 passed by the learned Asstt. District Judge, West Tripura, Agartala in Title Suit No. 16 of 1991. 2. We have heard Mr. A.C. Bhowmik, learned counsel for the appellant. Also heard Mr. S. Deb, learned sr. counsel assisted by Mr. S.N. Bannerjee, learned counsel for the respondent-Bank. 3. The aforesaid title suit was filed by the State Bank of India, Agartala Branch against the appellant. The appellant borrowed a sum of Rs. 1,45,000 on 15.7.1981 for purchasing a TATA chassisfor transport business. But the respondent-Bank having granted loan asked the appellant to enter into an agreement creating equitable mortgage of immovable property and accordingly the appellant entered into an agreement creating equitable mortgage over his landed property. The loan money having been disbursed, the appellant purchased a Lorry bearing No.TRL-2881 and the said Lorry was also remained hypothecated against the loan. S...

Anil Chandra Debnath Vs. State Bank of India

Court: Guwahati

B.B. Deb, J.1. This appeal is directed against the judgment and decree dated 27.7.1993 passed by the learned Asstt. District Judge, West Tripura, Agartala in Title Suit No. 16 of 1991.2. We have heard Mr. A.C. Bhowmik, learned counsel for the appellant. Also heard Mr. S. Deb, learned sr. counsel assisted by Mr. S.N. Bannerjee, learned counsel for the respondent-Bank.3. The aforesaid title suit was filed by the State Bank of India, Agartala Branch against the appellant. The appellant borrowed a sum of Rs. 1,45,000 on 15.7.1981 for purchasing a TATA chassisfor transport business. But the respondent-Bank having granted loan asked the appellant to enter into an agreement creating equitable mortgage of immovable property and accordingly the appellant entered into an agreement creating equitable mortgage over his landed property. The loan money having been disbursed, the appellant purchased a Lorry bearing No.TRL-2881 and the said Lorry was also remained hypothecated against the loan. Since ...

Prafulla Kumar Mahanta Vs. Kanak Sen Deka and ors.

Court: Guwahati

Reported in: 2001CriLJ2333

1. These two Criminal Contempt Petitions arises out of publication of an article published by the publisher in the Assamese daily Newspaper "Dainik Agradoot" in its publication dated 13.12.1997 (Annexure-1, in the Criminal Contempt Petition No. 1/98). The identical article was also published in another Assamese daily newspaper "Azir Batori" in its publication on 13.12.1997 (Annexure-1 in Contempt Petition No. 2 of 1998). The aforesaid two Contempt Petitions being arises out of the identical article published on 13.12.1997, though in different local dailies, we proposed to dispose these two petitions analogously by this common Judgment.2. We have heard Mr. A.S. Bhattacharjee, learned counsel for the petitioner in both the petition. Mr. D.C. Mahanta, learned counsel for the respondents in Criminal Contempt Petition No. 1/98 and Mr. J.M. Choudhury, learned sr. counsel for the CROP (C) No. 2/98 at length.3. Before we proceed further, we may at this stage dispose of one submission of Mr. A....