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Guwahati Court February 2004 Judgments

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Feb 03 2004

Dr. L.B. Sailo Vs. State of Mizoram and ors.

Court: Guwahati

Decided on: Feb-03-2004

P.P. Naolekar, CJ.1. This petition is field by Dr. L.B. Sailo, who is presently holding the post of Joint Director in Animal Husbandry and Veterinary Department Mizoram, Aizawl, challenging the promotion of Respondent No. 5, Dr. C. Sangnghina by Office Memo No. A. 22012/50/94-P&AR;(CSW) dated 9.1.2002 respondent No. 5 was promoted from the post of Joint Director to the post of Director, Animal Husbandry and Veterinary Department Mizoram in pursuance of the recommendation made by the departmental promotion committee. The relevant facts, in brief, are that the petitioner was promoted to the post of Joint Director vide order dated 26.2.1996 whereas the respondent No. 5 was promoted to the post of Joint Director in the same department on 1.7.1996. Thus apparently the respondent No. 5 was junior to the petitioner in the grade of Joint Director in the department. For the next promotion in the department from the post of Joint Director to the post of Director, under the eligibility criteria,...


Feb 03 2004

Dambudhar Nath and ors. Vs. State of Assam and ors.

Court: Guwahati

Decided on: Feb-03-2004

Ranjan Gogoi, J.1. The 31 writ petitioners have joined together to challenge an order dated 1st August, 1998 issued by the Deputy Secretary to the Government of Assam, Panchayat and Rural Development (A) Department. By the aforesaid order, the authority after canceling an earlier order dated 6.1.1995 had directed that the temporary Gaon Panchayat Secretaries be allowed to take charge of financial transactions of such Gaon Panchayats where there are no sanctioned posts of Secretaries. It must be put on record that by the earlier order dated 6.1.1995 (Annexure-VI(a) to the writ petition) it was ordered that in cases of Gaon Panchayats where no sanctioned posts of Secretaries exist, the senior-most Government servant is to be allowed to be the custodian of cash and the temporary Gaon Panchayat Secretaries were to assist such functionaries in the discharge of the said duties.2. While some of the writ petitioners claim to have been appointed as Secretaries, the others, admittedly, are hold...


Feb 02 2004

Sriniwas Singh Vs. Director, North Eastern Regional Institute of Scien ...

Court: Guwahati

Decided on: Feb-02-2004

I.A. Ansari, J. 1. By this application made under Article 226 of the Constitution of India, the petitioner, who has been, by virtue of the interim order passed in this writ petition, on 17.9.2004, functioning as a Junior Engineer (Electrical) in the North Eastern Regional Institute of Science and Technology (hereinafter referred to as 'the NERIST'), has approached this Court seeking to get set aside and quashed the order, dated 13.9.2001, passed by the respondents/authorities concerned posting the petitioner to his substantive post of Laboratory Assistant in the Department of Electrical Engineering and replacing him (i.e., the petitioner) by the respondent No. 3 as the Junior Engineer (Electrical).2. I have heard Mr. L. Sera, learned counsel for the petitioner, and Mr. PK Tiwari, learned counsel appearing on behalf of the respondent No. 3. I have also heard Mr. N.N. Saikia, learned senior counsel, assisted by Mr. A. Apang, learned counsel appearing on behalf of the respondent Nos. 1 a...


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