Court : Guwahati
I.A. Ansari, J. 1. When the people fear the government, there is tyranny. When the government fears the people, there is liberty. Thomas Jefferson, the principal author of the Declaration of Independence (1776) and the third President of the United States (18011809) 2. Article 21 is one of the most cherished provisions in our Constitution, which prohibits the State from depriving a person of his life and liberty except according to the procedure established by law. However, what happens if by the States action, which has been neither sanctioned by a legislation nor has been taken in valid exercise of its executive powers, the ineffaceable mandate of Article 21 gets smudged. This is precisely the issue, which the appellant has been, for almost a decade of litigation, urging the court to decide. Having been unsuccessful in his attempt to convince the Court in his writ petition of the correctness and righteousness of his contentions, the appellant is, now, before us, seeking a revisit to ...
Tag this Judgment!Court : Guwahati
Oral Judgment: 01. Both the writ petitions raise identical issues and, accordingly, were heard together. Today is fixed for delivery of judgment. Accordingly, judgment is dictated in the open court. 02. Issue raised in the two writ petitions is whether gradation list of Lecturers serving in the District Institutes of Education and Training (DIET) should be department/branch wise or cadre wise. 03. This issue has arisen in the context of the Assam District Institute of Education and Training Service Rules, 2010 (DIET Service Rules, hereafter). While the petitioners contend that the gradation list of Lecturers has to be department/branch wise, the respondents contend otherwise. This has given rise to the present lis. 04. Background facts may be briefly narrated. 05. Petitioners in both the cases are working as Lecturers in different branches in various DIETs in the State of Assam. To achieve the objective of universalization of elementary education and eradication of adult illiteracy, DI...
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