Guwahati Court September 2004 Judgments

Anup Sarma and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(3)SLJ39CAT

1. The applicants were initially appointed on 10.4.1995 to the post of Topo Trainees Type B in the pay scale of Rs. 950-1500/-. After completion of two years training, classification test was conducted by the respondents and on the basis of the said classification test the applicants were upgraded as Draftsman Grade IV after passing of the trade test and they were placed in the pay scale of Rs. 3200-4900 with effect from 1.4.1997. Thereafter on completion of 3 years regular service in the Draftsman Grade IV, they again appeared in the trade test and after passing the trade test they were upgraded in the cadre of Grade III Draftsman in the scale of pay of Rs. 4000-6000/- with effect from 1.1.2001. According to the applicants Circular Order No.435/439 (Administrative), wherein service conditions of Group C employees are laid down and which governs the promotional avenues of the applicants, Rule 6(d) provides for promotion to the next higher grade on completion of certain number of years...

Suriya Begum Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(2)SLJ395CAT

1. The applicant was appointed to the post of Safaiwala on part time basis vide order dated 16.10.1991 and she took charge of the same on 22.10.1991. The applicant continued to discharge her duties till her services were terminated vide impugned order dated 27.1.2004 (Annexure-4) which is the subject matter of challenge in this application. According to the applicant, termination of her services is illegal inasmuch as her services could not be terminated on the ground mentioned therein without affording reasonable opportunity of hearing.According to her, instead of regularising her services under the departmental scheme, the respondents have chosen to terminate her services by casting stigma. The applicant, therefore, prays for quashing of the impugned orders and reinstatement with full back wages and also direction to regularise her under the scheme.2. The respondents' stand is that the applicant was engaged for sweeping for three hours in a day. The husband of the applicant was plac...

Bipul Sarma Vs. State of Assam and ors.

Court: Guwahati

D. Biswas, Acting C.J. 1. This writ petition is preferred by Shri Bipul Sarma, Managing Director of Assam Urban Water Supply and Sewerage Board, Guwahati challenging the notification dated 21.11.2003 (Annexure-1) issued by the Commissioner and Secretary to the Government of Assam, Personnel (A) Department placing under suspension pending initiation of departmental proceeding.2. I have heard Mr. P.K. Goswami, learned senior counsel for the petitioner and also Mr. B.J. Talukdar, learned State counsel.3. The order dated 21.11.2003 shows that the writ petitioner has been suspended for purchase of five numbers of Pontoons at an inflated price of Rs. 2 lakh per Pontoon for Jorhat Water Supply Scheme against the market price of each Pontoon being Rs. 22,000/-. It further appears that the order for purchase of the aforesaid five numbers of Pontoons was issued without inviting tender and in violation of the prescribed procedure and the rules.4. Mr. P.K. Goswami, learned senior counsel for the ...

State of Manipur Vs. Okram Jiten Singh

Court: Guwahati

A.H. Saikia, J.1. Heard Ch. Bidyamani, CW/CW/Gau257/2004/GSD-RK/AKC/4980/2005 learned PP. Government of Manipur and Mr. A, Nilamani, learned Sr. counsel assisted by Mr. A. Bimal, learned counsel for the respondent.2. This Criminal Appeal has been carried from the judgment and order dated 22-4-1999 passed by the learned Sessions Judge, Manipur East in Sessions Trial No. 6/1997 acquitting the respondent from the charge under Section 302, IPC.3. The brief facts as unfolded during the trial are that on 4-11-1991 at about 8.15 p.m. the respondent, Okram Jiten Singh, working as Rifleman in 1st Bn. Manipur Rifles, (for short 'MR') assaulted the victim, late Y. Tangkhul, another Rifleman of the said 1st Bn. near the gate of Manipur Police Radio. The victim, in his Injured condition, was taken to JN Hospital and on 5-11-1991 i.e., the next day in the morning at about 6.00 a.m. the said Yarchung Tangkhul expired. One Y. Kulabidu Singh, P.W. 13, working as a Subedar in the MR lodged the written ...

Pishu Vaswani Vs. Kishan Chand Vaswami and ors.

Court: Guwahati

I.A. Ansari, J. 1. The petitioner herein, namely, Smt. Radha K Vaswani, instituted, as plaintiff, Title Suit No. 5(H) 2001 against the opposite party Nos. 1 to 5 herein, as defendants, in the Court of the Assistant District Judge, Shillong, for, inter alia, declaration, partition and other consequential reliefs in respect of the properties mentioned in the Schedules to the plaint. The properties, in respect of which the reliefs were so sought for, included the landed property mentioned in Schedule 'D' to the plaint, which stands, admittedly, in the name of opposite party No. 6, namely, Smt. Radha K Vaswani. The opposite party No. 6 was, however, not made a party to the suit. On realising this error, the petitioner herein, as plaintiff, made, under Order 1, Sub-rule (2) and Sub-rule (4) of Rule 10 thereof read with section 151 of the Code of Civil Procedure, an application praying for allowing him to implead opposite party No. 6 herein, as defendant, in the suit as well as in the misce...

Smt. Sonabala Barman Vs. Smt. Ratna Sangma

Court: Guwahati

I.A. Ansari, J.1. This appeal has arisen out of the order, dated 7-9-2001, passed by the learned Additional Deputy Commissioner, West Garo Hills, Tura, Meghalaya, in Succession Case No. 56/98.2. The facts giving rise to the present appeal may, in brief, be set out as follows:-(i) The appellant herein, namely, Sonabala Barman made an application under Section 372 of the Indian Succession Act, on 22-6-98, in the learned Court below, seeking grant of a succession certificate in respect of the debts and securities left by deceased Bimal Prasad Barman, the case of the petitioner-appellant being, in brief, thus : The petitioner married, in accordance with the Hindu rites and customs, Bimal Prasad Barman (since deceased) on 19-12-1972 and, upon marriage, they stayed together as husband and wife till the said deceased, who was, originally, a resident of village Katalbari under Phulbari Police Station, Tura, died on 27-11 -1997, leaving behind, as his heirs, the petitioner and their 4 years ol...

All Manipur Degraded Teachers' Association Vs. State of Manipur and Or ...

Court: Guwahati

A.H. Saikia, J. 1. Heard Mr. A. Bimal Singh, learned counsel appearing on behalf of the appellants, Mr. H. Nabakumar Singh, learned Advocate General assisted by Mr. Kh. Babulindro Singh, learned counsel appearing for the State respondents as well as Mr. Ananda, learned counsel appearing for the respondent No. 4.2. The only grievance projected in this writ appeal is pertaining to non-consideration of the impugned orders dated 7.12.1995 and 14.12.1995 issued by the Under Secretary (Edn.), Govt. of Manipur and the Director of Education (S), Govt. of Manipur being appended as Annexures-A/8 and A/9 to the C.R. No. 8 of 1996 respectively, by which it was ordered that the graduate teachers downgraded to the post of under-graduate teachers should get their pay and allowances as under-graduate teachers and the excess pay including the D.A. and other allowances already drawn by those teachers be recovered on monthly instalment basis by the learned Single Judge while passing the common judgment ...

Kanakeswar Choudhury Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(2)SLJ198CAT

1. The applicant was appointed as Education Officer in 1978 in the Central Board for Worker's Education (CBWE), Government of India, Ministry of Labour and was posted at Tinsukia. He was later promoted to the rank of Selection Grade Education Officer in 1995. The applicant was served with show cause notice dated 17.8.1999 while he was working as Education Officer (SG) alleging financial irregularities including that he had obtained personal gratifications and was guilty of dereliction of duty while working as Education Officer (SG) during the year 1997-98. On 1.9.1999 the applicant filed his reply to the show cause notice wherein he did not deny the contents of show cause notice, but stated that there were compelling circumstances under which he was forced to receive money. The applicant proposed to deposit the amount involved unauthorisedly received by him and he also sought a chance to talk personally to explain the matter. Thereafter, the applicant received chargesheet dated 6.1.20...

Smt. Rama Gandha Banik Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(3)SLJ21CAT

1. None for the applicant and for the respondents at the time of judgment.2. The case of the applicant is that she was appointed as Nursing Sister on 30.1.79 in Dibrugarh Railway Hospital and while she was serving in the said capacity she was given ad hoc promotion on 25.10.90 as Matron Grade II for a period of 90 days and posted at Badarpur Railway Hospital. However, she made a representation on 30.11.90 that it was no possible for her to accept ad hoc promotion for 90 days at Badarpur and she requested for her promotion at Dibrugarh Railway Hospital. The said representation of the applicant could not be considered as there was no vacancy of Matron Grade II at Dibrugarh Railway Hospital. The applicant was again promoted to the post of Matron Grade II vide order dated 12.5.92 and was transferred to Lumding. The applicant submitted another representation on 22.5.92 expressing her inability to go to Lumding as her husband was posted as Chargeman at Dibrugarh and she had 3 school going m...

State of Tripura and anr. Vs. Badal Deb Barma

Court: Guwahati

Ranjan Gogoi, J.1. The quest in the present exercise in appeal is to determine the correct principles that would govern the entitlement of a government employee to arrear salary in a situation when the employer himself, in recognition of the wrongful denial of promotion, has granted retrospective promotion to such employee.2. The above question arises in the following facts : -The respondents in both the appeals were serving as assistant teachers in different High Schools of the State. By an order dated 12.10.1992, persons who were juniors to the respondents-petitioners were promoted to the post of Assistant Headmaster/Assistant Headmistress and the said batch of promotees were again promoted to the post of Headmaster/ Headmistress by a subsequent order dated 25.11.1995. Claiming to be seniors and eligible, the respondents-petitioners filed representations before the Government and by an order dated 19.02.1996, the respondents-petitioners along with others were retrospectively promote...