Guwahati Court June 2001 Judgments
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Sambhu Pandey Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-20-2001
Amitava Roy, J.1. The petitioner while assailing the decision of termination of his services as lecturer in Hindi of the Pramathesh Barua College, Gauripur (hereinafter referred to as the 'College') has sought for a writ of mandamus to the official respondents to adjust/regularize him against the regular vacancy in the post of Lecturer in Political Science in the same college following the retirement of Smti Reba Baruah in terms of the Government Office Memorandum No. B(2)H-97/2004/98 dated 17.7.2004 of the Education (Higher) Department, Govt. of Assam, Dispur. This Court while issuing notice on 5.6.2006 stayed the operation of the communication dated 27.5.2006 terminating his services. The interim order having been extended thereafter, he as on date, continues in office.2. I have heard Mr. Pallav Bhowmik, learned Counsel for the petitioner, Mr. Manash R. Pathak, learned standing counsel, Education department for the respondent Nos. 1 and 2, Mr. D.C. Mahanta, Senior Advocate assisted ...
Sideswar Baruah and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-19-2001
1. Heard Mr. B.N. Sarma, learned counsel for the petitioner and also Mr. B. Goswaml, learned Govt. Advocate for the respondents. 2. The case of the ten (10) petitioners in this writ petition is that they have been working at Panchayat Raj Training Centre (in short 'PRTC') at two different Centre namely at Joysargar and Kahikuchi for several years. But their services has not been regularised for which they are going to be deprived of their all pensionary benefits after their retirement on superannuation. It is stated that since their institutional Head of Joysagar and Kahikuchi Centre is being the Principal appointed by the State Government, it is he who selects the staff of the Training Centre following the normal procedure examining the eligibility by age, educational qualification and others. All the petitioners of such Centre have been appointed by the Principal himself or on his authority by the non-official agency for work connected with imparting training to members/office bear...
A.K. Bhattacharjee Vs. Union of India and ors.
Court: Guwahati
Decided on: Jun-19-2001
1. In this writ petition under Article 226 of the Constitution the petitioner has prayed for a direction on the respondents to pay the damages/compensation of Rs. 40 lakhs. 2. The petitioner's case in this writ petition is that he has been staying in an additional house near the quarter No. T-27-A with permission from the General Manager, North East Frontier Railway-respondent No. 2. His niece Miss Rumi Bhattacharjee, a daughter of a Railway employee and a student of Post Graduate Courses of studies in the subject of Geology of Gauhati University was also staying with him in the said house occasionally and she had kept her reading and writing materials in the said house. The respondent No. 9, T.N. Bordoloi disconnected the electricity lines to the said house in April, 1995 and the petitioner filed Civil Rule No. 1515/95 and by order dated 7.4.1995 this Court directed to restore electricity and water supply to the premises under the occupation of the petitioner immediately and the pet...
Dhruba Jyoti Lahiri Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-15-2001
B.B. Deb, J. The gist of the petitioner's case : 1. While serving in the Assam Rifles the petitioner has been promoted to the rank of Commandant w.e.f. 7.9.1992 on officiating basis followed by regularisation w.e.f. 1.2.1995. 2. Having accepted the Fifth Central Pay Commission report, the Central Government in the name of the President issued Notification dated 30.9.1997 merging the existing posts of Commandant (Ordinary Grade) with the Commandant (Selection Grade) and allowed the identical pay scale of Rs. 4500-5700 having re-named both the posts as Commandant and that was done vide order dated 27.10.1997. Before issuing this merger order there were two categories of Commandant In the Assam Rifles, one was called Commandant (Ordinary Grade) and the next rank was Commandant (Selection Grade with a higher pay scale), but pursuant to the Fifth Central Pay Commission report the said two ranks have been merged together providing a single pay scale. The related portion of the order dat...
Chingtham Binodini Devi Vs. State of Manipur and anr.
Court: Guwahati
Decided on: Jun-14-2001
N.S. Singh, J. 1. Upon hearing Ms. Hari Chhaya Chanu, learned counsel for the petitioner as well as Mrs. Bidyamani Devi, learned Additional Govt. Advocate for the State respondents and also on perusal of the available material on record, I am of the view that this matter can be disposed of at this stage considering the simple nature of case and, accordingly, this writ petition is hereby disposed of with the following short order.2. In this writ petition, a prayer has been made by the petitioner for a direction to the respondents/ authorities concerned to allow the petitioner to enjoy the scale of pay attached to the post of regular A.I. of Schools, who has been rendering her duties as I/C A.I. of Schools since the year 2000 vide, order dated 20.5.2000 bearing No. 3(3)/4/93-SE(S) Pt.II(A) issued by the Joint Secretary (Edn./S), Government of Manipur as in Annexure-A/3 to the writ petition by contending inter alia, that she has not been paid the pay and allowances attached to the post o...
Kapiliparia Matshyajibi Samabai Samity Ltd. Vs. Assam Fisheries Develo ...
Court: Guwahati
Decided on: Jun-14-2001
R.S. Mongia, C.J. (ACTG)1. This writ Appeal is against the judgment and order of a learned Single Judge of this Court dated 30th April, 2001 passed in W.P.(C) No. 3089/2001.2. Briefly stated facts may be noticed:The appellant (writ petitioner) was aggrieved by the order dated 19.4.2001 passed by the Managing Director of Assam Fisheries Development Corporation Limited (hereinafter called 'the Corporation'). By the said order respondent Shri Kushal Chandra Biswas, resident of Barunguri, PO Laopani in the District of Nagaon had been given the extension to operate the 58 No. Laopani Meen Mahal of Nagaon District for 5 years commencing from the financial year 2001-02 till 31.3.2006 on a yearly revenue of Rs.47,080. It may be observed here that said Shri Kushal Chandra Biswas was a sitting lessee for 9 months which term was to expire on 31.3.2001. It seems that both the appellant and respondent No. 3 Shri Kushal Chandra Biswas had sent their applications to the Minister of Fisheries and th...
Ramdhan Sinha Vs. Notified Area Authority, Kailashahar
Court: Guwahati
Decided on: Jun-13-2001
1. By this revision petition filed under Section 115 of the CPC the petitioner challenged the impugned order dated 30.5.1994 passed by the learned Munsiff, North Tripura, Kailashahar in Title Suit No. 13 of 1994 (Special Case). 2. For the purpose of deciding the present petition, the following facts need to be briefly stated:- The respondent-Notified Area Authority, Kailashahar filed a case purportedly under Section 90 of the CPC seeking for the opinion of the Court relating to the matter involved in the plaint. The plaintiff arrayed as many as 13 person including the present petitioner as defendant in the said suit contending, inter alia, that on 29.2.1994 a lawful bona fide contract was entered into between the plaintiff and defendant, for setting the case for the opinion of the Court and the contract was made in writing and along with the plaint the contract had also been submitted and the suit was valued at Rs. 10 for the purpose of jurisdiction and Court fees. The present pet...
Haobam Tomba Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-13-2001
N.S. Singh, J.1. Heard Mr. Shanta Khaidem, learned counsel for the petitioner/ Association and also Ms. Ch. Bidyamani Devi, learned, Addl. Govt. Advocate for the State respondents.2. In this Writ petition, the petitioner/Association namely ; the All Manipur Lower Primary Schools' Head Pandit Association represented by its Secretary on behalf of 21 members of its Association sought for a direction to the respondents/Authorities concerned to allow these 21 in-charge Head Pandits to enjoy and get the tine scale of pay of Headmaster with effect from their initial appointment as in-charge Head Pandit of their respective schools by contending inter alia, that since the date of their assumption of charges as Head Pandit in their respective schools they have been serving and working as Head Pandit till today without any break of service but they have not been paid the scale of pay and allowances attached to the post of Head Pandit of L.P./Primary Schools without any justification.3. Supportin...
Cit Vs. George Williamson (Assam) Ltd.
Court: Guwahati
Decided on: Jun-12-2001
R.S. Mongia Actg., C.J.In this income-tax reference, the followinguestions have been referred for our opinion :"1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that no proceedings can be taken under section 263 of the Income Tax Act, 1961, on assessment order completed under section 143(1) of the Income Tax Act, 1961, even if such orders are prejudicial to the interests of the revenue. ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified inuashing the order passed under section 263 of the Income Tax Act, 1961, in this case ?"Briefly, the facts giving rise to the present reference may be noticed. For the assessment years 1986-87 and 1987-88 summary assessments were made under section 143(1) of the Income Tax Act, 1961, on 27-3-1989. The assessee (respondent) is engaged in the business of cultivation and manufacturing of tea. During the years of assessment, referred to above, the sums of...
Commissioner of Income-tax Vs. George Williamson (Assam) Ltd.
Court: Guwahati
Decided on: Jun-12-2001
R.S. Mongia, Actg. C.J. 1. In this income-tax reference, the following questions have been referred for our opinion : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that no proceedings can be taken under Section 263 of the Income-tax Act, 1961, on assessment order completed under Section 143(1) of the Income-tax Act, 1961, even if such orders are prejudicial to the interests of the Revenue 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in quashing the order passed under Section 263 of the Income-tax Act, 1961, in this case ?' 2. Briefly, the facts giving rise to the present reference may be noticed. For the assessment years 1986-87 and 1987-88 summary assessments were made under Section 143(1) of the Income-tax Act, 1961, on March 27, 1989. The assessee (respondent) is engaged in the business of cultivation and manufacturing of tea. During the years of assessment, referred to above, t...
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