Guwahati Court November 2006 Judgments
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indu Bhusan Dey and ors. Vs. Anita Paul
Court: Guwahati
Decided on: Nov-02-2006
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of all the five civil revision petitions, for, all of them involve identical facts and questions of law and, as has been sought for and agreed to by the learned Counsel for the parties, all the civil revisions have been heard together.2. I have heard Mr. N. Choudhury, learned Counsel for the petitioners, and Mr. N. Dhar, learned Counsel for the opposite party.3. Put in a narrow compass, the facts leading to the present set of revision petitions may, in brief, be set out as under:(i) The opposite party herein were all teachers of South Point School, at Silchar, which the present petitioners represent. According to the school management, the appointment of these teachers was subject to a condition that they cannot admit their child in any English Medium School, in the city, unless such admission is refused by the South Point School. Contrary to this condition, which, according to the school management, all the tea...
Union of India (Uoi) and ors. Vs. RukunuddIn Laskar
Court: Guwahati
Decided on: Nov-01-2006
Mutum B.K. Singh, J.1. In this appeal, the judgment and order dated 12.6.2003 passed by the learned Single Judge in W.P. (C) No. 6481 of 2000 setting aside the order dated 20.6.2000 issued by the appellant No. 3 to retire the respondent from service on the ground of unsuitability, is under challenge.2. The facts leading to this appeal, in short, are that the respondent/writ petitioner, who was enrolled as a Cook in the Border Security Force (for short 'BSF') in 1995, faced One Man Court of Inquiry in 1999 (hereinafter referred to as 'the Court') constituted under the Border Security Force Rules, 1969, to enquire into the circumstances under which the respondent contracted second marriage during the subsistence of his first marriage without taking prior permission from the competent authority. The respondent participated in the enquiry by filing written statement. The Court found the respondent to be blameworthy and submitted its report recommending administrative action against him. T...
Director General, Indian Council of Agricultural Research (icar) and a ...
Court: Guwahati
Decided on: Nov-01-2006
U.B. Saha, J.1. The present writ petition under Article 226/227 of the Constitution is directed against the common order dated 29.11.2002 passed by the learned Central Administrative Tribunal (CAT) in Original Application No. 63 of 2002 and Original Application No. 71 of 2002.2. We have heard Mr. K.N. Chowdhury, learned senior counsel assisted by Mrs. R.S. Chowdhury, learned Counsel for the writ petitioners. None appears for the respondents when the case was called for hearing. On request of this Court, Mr. M. Chanda, learned Counsel readily agreed to assist the court in this matter as amicus curiae. Accordingly, we have heard Mr. M. Chanda, learned counsel.3. The facts, in brief, necessary for disposal of this writ petition are as follows:The applicants of the above mentioned Original Applications are working, under the writ petitioners who are presently holding various posts in the office of the writ petitioner No. 2. The grievances of the applicants, the respondents herein, are bas...
Ash Bahadur Chetri and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-01-2006
Amitava Roy, J.1. Both these appeals though register a challenge to two different decisions in the related writ proceedings, the parties are same and in view of the affinity in the issues raised, were analogously heard and are being disposed of by this common judgment and order.2. We have heard Mr. P. Mahanta, learned Counsel for the appellants and Mr. A.K. Goswami, Sr. Advocate, assisted by Ms. B. Sharma, Advocate for the Karbi Anglong Autonomous Council, Diphu (hereafter referred to as the Council).3. The pleaded versions of the parties have to be noticed at the threshold to properly evaluate the arguments advanced. According to the appellants, they having come to learn about existing vacancies in various posts of Assistant Teachers in several schools of Karbi Anglong district within the jurisdiction of the Council, applied for appointment thereto. In terms of the Resolution No. 3 dated 10.10.2000 adopted by the then Executive Committee of the Council, they, following a scrutiny of ...
Barindra Ghosh Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-01-2006
A.B. Pal, J.1. Heard Mr. A. Lodh, learned Counsel for the petitioner and Mr. T.D. Majumder, learned Counsel for the respondents.2. The petitioner Barindra Ghosh was initially appointed as work charged Jogali on 06.12.73 in the Public Works Department, Government of Tripura. After the continuous service since then for a period of 4 years 11 months and 20 days, he was appointed on 22.11.78 as Lower Division Clerk in the office of the Chief Engineer, PWD. Thus, he came to be an employee under the regular establishment. On 20.10.81, the State respondents in the Public Works Department framed rules with a view to transfer all the existing work charged employees of that department to the regular establishment. As per the said rules, 1049 number of work charged employees shown in the schedule attached to the said rules were transferred to the regular establishment with regular scale of pay. Regarding the period of service they rendered as work charged employee it has been provided in Rule 5(...
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