Guwahati Court December 2006 Judgments
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Sanjay Kumar and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-05-2006
Amitava Roy, J.1. The common grievance expressed in both the petitions is against the respondents' refusal to release the petitioners to take up employment as a Lower Division Clerk with the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal) following their selection therefor.2. I have heard Dr. B. Ahmed, learned Counsel for the petitioners and Mr. N. Borah, learned Central Govt. Standing Counsel, appearing for the respondent Nos. 1 to 5.3. As the facts are identical and the legal issues raised the same, the petitions were heard analogously and are being disposed of by this judgment and order.4. The petitioners while serving as Lower Division Clerks with the Border Roads Organization (hereinafter referred to as the BRO/Organisation) and posted at 92 RCC of the GREF under 44 BRTF - 99 APO, came across an advertisement published by the Tribunal inviting applications, amongst others, for appointment to the post of Lower Division Clerk on deputati...
Indian Railway Catering and Tourism Corporation Ltd. Vs. Alak Kumar Gh ...
Court: Guwahati
Decided on: Dec-05-2006
H.N. Sarma, J.1. Challenging the legality and validity of the order dated 27.11.2006 passed by the learned District Judge, Kamrup, Guwahati, in Misc. Arb. Case No. 597/2006 and Misc. Arb, 596/2006 granting an order of injunction in the form of status quo, in an application under Section 9(e) of the Arbitration and Conciliation Act. 1996, This two appeals have been filed under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996.2. I have heard Mr. G. Banerjee, learned senior counsel for the appellant and also heard Mr. K.N. Choudhury, the learned senior counsel for the respondents.3. On the basis of the judgment and order passed by this court in a batch of writ petitions, i.e., CR No. 2308/1997, W.P.(C) 7852/2005, W.P.(C) 2852/2005 CR No. 2332/1997, CR No. 2949/1997, CR No, 2331/ 1997 CR No. 2343/1997, W.P.(C) No. 4648/2002 and W.P.(C) No. 4041/ 2002 dated 17.8.2006 giving liberty to the parties to settle the dispute raised therein by way of adjudication through arbitration ...
Nripendra Deb Roy Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Dec-05-2006
R.B. Misra, J.1. Heard Mr. D.K. Biswas, learned Counsel for the appellant a well as Mr. J. Majumder, learned state counsel for the respondents.2. The present writ appeal has been preferred against the order dated 4.9.2000 passed by the learned Single Judge in Civil Rule No. 102 of 1992 whereby the said Civil Rule filed by the elder brother of husband of the deceased Manjulika Paul (Deb Roy), Assistant Teacher, Lankamura High School was rejected for lack of nomination as required under the Central Civil Services (Pension) Rules, 1972 as adopted by the State of Tripura ('the Rules, 1972').3. It appears that Manjulika Paul (Deb Roy) while working as Assistant Teacher in Lankamura High School had died and when question for payment of her death-cum-retirement gratuity came for consideration in reference to the claim by present appellant Shri Nripendra Deb Roy who claimed to be in possession of the said nomination made in his favour, however, the same was not produced and available in the o...
National Insurance Co. Ltd. Vs. Sandhya Rani Das and ors.
Court: Guwahati
Decided on: Dec-04-2006
R.B. Misra, J.1. Heard Mr. A.R. Barman, learned Counsel for the appellant-National Insurance Company Ltd. Also heard Mr. G.S. Bhattacharjee, learned Counsel for the respondent No. 3.2. The present Civil Revision Petition under Article 227 of the Constitution has been preferred by the appellant-Insurance Company against the judgment dated 26.6.2006 passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala in Case No. TS (WC) 55 of 2003 specifically against the direction to pay interest at the rate of 12% on the awarded amount of compensation of Rs. 4,29,640/- with effect from filing of claim petition on 19.11.2003 till the date of payment.3. It appears that TS. (W.C.) No. 55 of 2003 was preferred Under Section 4/4A/10 of the Workmen's Compensation Act, 1923 (in short called 'Compensation Act') by Smti. Sandhya Rani Das & Smti. Sima Das before the Commissioner, Workmen's Compensation, West Tripura, Agartala claiming compensation in reference to the death of Bappi Das, h...
Diptendu Bhattacharjee Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-04-2006
Hrishikesh Roy, J.1. The writ petitioner, who is serving as a Lecturer (Selection Grade) in the discipline of Electrical Engineering in Tripura Engineering College has filed the present petition challenging the selection made to the post of Assistant Professors in various disciplines in pursuant to the advertisement No. 2/2004 dated 1.3.2004, issued by the Tripura Public Service Commission (hereinafter referred to as 'Commission'). The petitioner claims that he has an uniformly brilliant academic record and is a B.E. Degree holder in Electronics. He has also obtained postgraduate degree, i.e. M.E. Tel.E. in Computer Engineering from Jadavpur University in the year 1999. He also claims other academic achievements and asserts that he is eligible for being considered an appointment to the higher post of Assistant Professor.By an advertisement No. 2/2004 dated 1.3.2004 the Commission invited applications from eligible candidates to 17 posts of Assistant Professors in the discipline of Civ...
Sushil Kumar Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-02-2006
T. Nandakumar Singh, J.1. Heard Mrs. N.S. Thakuria, learned Counsel appearing on behalf of the writ petitioner as well as Mr. B. Ghosh, learned State counsel appearing on behalf of the respondents.2. By this writ petition, the writ petitioner is assailing the letter of the Assistant Inspector General of Police (R) dated 30.12. 2004 directing the Superintendent of Police, D.I. (E.O.) Assam, Guwahati to hold up the payment of the provisional D.C.R.G. amounting to Rs. 2,26,086/- (Rupees two lakhs twenty six thousand and eighty-six) only to the present writ petitioner who had been retired on superannuation as early as 31.01.2004 and also for a direction to the respondents to make payment of the said provisional D.C.R.G. of Rs. 2,26,086/- to the petitioner.3. The writ petitioner filed this writ petition basing on the fact that the petitioner was working as an Inspector of Police in the Home Department, Govt. of Assam.4. In the year 1991 when the petitioner was working as a Sub-Inspector of...
Anjan Deb Roy and anr. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-02-2006
Hrishikesh Roy, J.1. The two writ petitioners herein are stenographers and have filed this petition in respect of pay discrimination alleged by them as per the Revision of Pay rules (ROP rules) framed by the Government of Tripura following the recommendation of the Third Pay Commission and the refusal by the Tripura Government to address the grievances made by the petitioners which has not been addressed by the Pay Anomaly Committee constituted thereafter as well as by the 4th Pay Commission constituted by the Tripura Government.I have heard Mr. S. Talapatra, learned Sr. Counsel assisted by Mr. B. Bannerjee, learned Counsel for the petitioner and Mr. S. Chakraborty, learned Addl. GA who represents the respondents.Attention of this Court has been drawn to the recommendation of the Third Pay Commission dated February, 1988 (Annexure-4A) wherein the Commission recommended that cadre services officers' movement from the lowest to the next higher grade may be automatic after 7 years of ser...
Jorehaut Group Ltd. Vs. Assistant Commissioner of Income-tax
Court: Guwahati
Decided on: Dec-01-2006
D. Biswas, J.1. Heard Mr. R.P. Agarwal, learned senior counsel and Dr. A.K. Saraf, learned senior counsel for the appellant assisted by Ms. M. L. Gope, learned Counsel. Also heard Mr. U. Bhuyan, learned standing counsel for the Revenue.2. Having regard to the nature of the issues raised for adjudication in this appeal and the submission of learned Counsel for the parties that the issues have been dealt with earlier by this Court, we propose to dispose of this appeal at the admission stage.3. The primary question to be considered in this appeal is whether, on the facts and circumstances of the case, the learned Income-tax Appellate Tribunal was justified in confirming the disallowance of cess paid on green tea leaves in the backdrop of the judgment and order dated March 11, 2005, passed by this Court in Assam Co. Ltd. v. Union of India , Dibrugarh, and the judgment and order dated January 24, 2006 (see page 419 supra), passed in the case of the appellant-company, inasmuch as, this Cour...
Officer Commanding Vs. Sitram Banda and anr.
Court: Guwahati
Decided on: Dec-01-2006
I.A. Ansari, J.1. By order, dated 17.8.2001, passed in WP(C) No. 1198/2001, a learned Single Judge of this court dismissed the writ petition filed, under Articles 226 and 227 of the Constitution of India, by the appellant herein questioning the legality and validity of the order, dated 27.7.2001, passed by the Commissioner, Workmen's Compensation Act (in short, 'the Act') in Claim Case No. 38 of 2000, awarding a sum of Rs. 1,17,644.00, with interest @ 12% per annum, the ground of dismissal of the writ petition being that the award, in question, is appealable under Section 30 of the Act.2. We have heard Mr. N. Ibotombi, learned Central Government Counsel, appearing on behalf of the appellant, and Mr. H. Dijen, learned Counsel for the workman-respondent No. 1. I have also heard Mr. S. Nepolean, learned Counsel, appearing on behalf of the respondent No. 2.3. Before we turn to the question as to whether the writ petition was maintainable or not, it is necessary to take note of the materia...
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