Guwahati Court April 2005 Judgments
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Madhab Medhi and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Apr-02-2005
D. Biswas, J.1. By this judgment we propose to dispose of Writ Appeal Nos. 438/04 and 439/04 which have arisen out of common judgment and order dated c 24.11.2004 passed by the learned Single Judge in WP(C) Nos. 1043/03 and 2195/03.2. Before the point of controversy is taken up for consideration, it would be apposite to recapitulate hereinafter the facts of the case in brief. WP(C) No.1043/03 has been filed by Junior Subject-Matter Specialists (hereinafter referred to as 'JSMS') working in the Department of Agriculture, challenging the vires of Rule 12(4)(v) of the Assam Agricultural Service Rules, 1980, on the ground of alleged inconsistency amongst certain provisions embodied therein. Further prayer has been made for consideration of the case of the JSMS only for promotion to the next higher cadre, i.e., Sub-Divisional Agricultural Officer (for short 'SDAO'). The purpose behind the writ is to keep the Agricultural Extension Officers out of the purview of promotion. WP(C) No. 2195/03...
Sh. Lalkhumtira Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Apr-01-2005
T. Vaiphei, J.1. This writ petition is directed against the disciplinary proceeding initiated against the petitioner which culminated in imposing a penalty of withholding 1/3rd of his pension admissible to him for a period of two years stalling from the month of October 2002 and against the impugned decision of the Government rejecting his representation for regularisation of his service and promotion to MCS. Junior Grade.2. I have heard Mr. A.R. Malhotra, learned counsel appearing for the petitioner. I have also heard Mr. N. Sailo, learned Govt. Advocate appearing for the State respondents,3. The facts material for disposal of this writ petition are that the petitioner was initially appointed as Non-Gazzette Administrative Officer and was subsequently promoted to the Subordinate Civil Service Group B post. On his promotion, he was posted as Administrative Officer (Gazetted) at Thenzawl, vide the notification dated 8.10.1985. While he was serving a's Administrative Officer (Gazetted) ...
Sh. Lalremmawia Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Apr-01-2005
T. Vaiphei, J.1. I have heard Mr. C. Lalramzauva, learned counsel for the petitioner. Also heard Mr. N. Sailo, learned Govt. advocate appearing on behalf of the State respondent.2. This is an application under Article 226 of the Constitution of India filed by the petitioner challenging the legality of the departmental proceeding held against him and the penalty of removal imposed upon him thereon. The reliefs claimed by him in the writ petition includes reinstatement to his former post with service benefits.3. The facts and circumstances leading to the filing of this writ petition may be briefly noticed at the outset. The petitioner was appointed on promotion to the post of driver under the Directorate of Transport on 14.9.1981. On 8.7.1995 while he was detailed to go to Vaitin Village from Aizawl to drive the MST Bus bearing Registration No. ZRX-217, the bus driven by him met with an accident at Khumlohzawl near Darlawn Village which caused damage to the said bus and injuries to some...
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