Court : Guwahati
s.k. kar, j. 1. the petitioners mrs. c. lalneihkimi and mr. c. ngurthanmawia with intent to enforce their fundamental rights have come up with this petition under section 226 of the constitution for appropriate relief by way of order/direction from this court. the petition is in-connection with their expected promotion to the next higher grade of principal, government higher secondary school on the plea that they are holders of m.ed. degree and challenging the interpretation of m.ed. degree made by the respondents and thereby refusing their claim to promotion as arbitrary and illegal.2. fact of the case, in brief, are as below.both the petitioners belong to mizo scheduled tribe community entitled to enjoy all rights and privileges granted under the constitution. that petitioner no. 1 is presently working as the headmistress of mamawii girl's higher secondary school, aizawl since april, 2001 and had good academic records and was holder of m.ed. degree from nehu. petitioner no. 2 is also holder of m.ed. degree from nehu presently working as vice principal, government chaltlang higher secondary school since 2001. both the petitioners also having their other academic qualifications. that they were appointed as graduate teacher under the assam school service, class ii in march, 1971. vide paras 8 to 14 of the petition it was contended as follows by them. '8. that according to the provisions of the mizoram education and human resources department (group a post recruitment) (first .....
Tag this Judgment!Court : Guwahati
1. heard mr. h. lalrinthanga, learned counsel for the petitioners and mr. t. vaiphei, learned assistant advocate general for the state of mizoram and mr. g. raju, learned counsel and mr. m.m. ali, learned counsel for the private respondents. 2. with the consent of the parties writ petition (c) no. 16/94 and writ petition (c) no.5/95 are heard and disposed of by this common order. the five petitioners in both the cases are the same person. it may be mentioned here that during the pendency of this writ petition the petitioner no.5 shri sangkamlova died and as such no relief has been sought in his favour. respondent nos. 5-9 in writ petition (c) no. 16/94 are the persons who were initially recruited as scriptwriter in the year 1981 and for the purpose of convenience hereinafter referred as respondents group i (rg i), the respondent no. 5, 6 and 7 in the writ petition (c) no. 5/95 are the persons who are initially recruited as script writers in the year 1984-1986 and hereinafter referred as respondent group ii (rg ii). 3. the facts : petitioner nos. 1-4 were recruited as sub divisional information and public relations officer (sdipro) under mizoram information and public relations and tourism department (class iii posts) under recruitment rules, 1973 and their respective date of joining is as under petitioner no. 1-12.5.83 petitioner no. 2- 26.4.83 petitioner no. 3-30.4.84 and petitioner no. 4- 7.4.84. at the time of joining their services the post of sdipro was the only feeder .....
Tag this Judgment!Court : Guwahati
1. heard mr. h. lalrinthanga, learned counsel for the petitioners and mr. t. vaiphei, learned assistant advocate general for the state of mizoram and mr. g. raju, learned counsel and mr. m.m. ali, learned counsel for the private respondents. 2. with the consent of the parties writ petition (c) no. 16/94 and writ petition (c) no.5/95 are heard and disposed of by this common order. the five petitioners in both the cases are the same person. it may be mentioned here that during the pendency of this writ petition the petitioner no.5 shri sangkamlova died and as such no relief has been sought in his favour. respondent nos. 5-9 in writ petition (c) no. 16/94 are the persons who were initially recruited as scriptwriter in the year 1981 and for the purpose of convenience hereinafter referred as respondents group i (rg i), the respondent no. 5, 6 and 7 in the writ petition (c) no. 5/95 are the persons who are initially recruited as script writers in the year 1984-1986 and hereinafter referred as respondent group ii (rg ii). 3. the facts : petitioner nos. 1-4 were recruited as sub divisional information and public relations officer (sdipro) under mizoram information and public relations and tourism department (class iii posts) under recruitment rules, 1973 and their respective date of joining is as under petitioner no. 1-12.5.83 petitioner no. 2- 26.4.83 petitioner no. 3-30.4.84 and petitioner no. 4- 7.4.84. at the time of joining their services the post of sdipro was the only feeder .....
Tag this Judgment!Court : Guwahati
b. sudershan reddy, c.j.1. the short question that falls for our consideration in this writ appeal is whether the child development project officer (group-b) recruitment (amendment) rules, 2004 suffers from any vice and whether they are liable to be struck down on the ground that they are contrary to the guidelines issued by the union of india.2. in order to consider that question, few relevant facts may have to be noticed. the writ appellant herein is at present working as supervisor in the social welfare, women and child development department of the government of arunachal pradesh. her next promotion avenue is to the post of child development project officer (hereinafter referred to as 'cdpo') and her service conditions are regulated by the rules called 'child development project officer (group-b) rules, 1995'. as per the rules prior to the impugned amendment, the 50 per cent of the posts of cdpo are to be filled by direct recruitment and the remaining 50 per cent by promotion from amongst the officers of feeder category such as, supervisor and statistical assistant, etc. by the impugned amendment brought vide notification dated 9th january, 2004 as against 50 per cent of promotion quota 70 per cent posts have been reserved for supervisors and remaining 30 per cent for the statistical assistants. the appellant is aggrieved by the impugned rules under which 30 per cent quota is exclusively made available for consideration of the cases of the statistical assistants for .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j.1. with the help of the present application made under article 226 of the constitution of india, the petitioner, who is presently serving as a station superintendent in the department of arunachal pradesh state transport, (hereinafter referred to as 'the apst department') has approached this court seeking issuance of writ/writs setting aside and quashing the order, dated, 23.03.2002 (annexure p/7 to the writ petition), whereby the department concerned has promoted the respondent nos. 4 and 5 to the posts of senior station superintendent, and commanding the respondents to promote the petitioner to post of senior station superintend with effect from 29.11.1995. 2. in a nutshell, petitioner's case may be narrated as follows : the petitioner joined the apst department, on 22.3.1976, as an upper division clerk, he was promoted as an assistant station superintendent on 28.2.1983 and by order, dated 18.2.1987 (annexure p/1 to the writ petition), the petitioner, who is person from unreserved category, was promoted to the post of station superintendent. according to the government of arunachal pradesh state transport department (group c posts) recruitment rules, 1986, the next promotional post for a station superintendent is senior station superintendent. the post of senior station superintendent has to be filled up by promotion from amongst the serving station superintendents of the department with six years of regular services in the grade. as the petitioner has been .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j. 1. this writ petition has raised a fundamental question of service jurisprudence, namely, as to whether the period, which a government servant spends, while officiating on a promotional post, though not qualified for such promotion, shall be counted for the purpose of seniority in the promotional post if the officiating promotion is subsequently regularized.2. in a nutshell, the case of the petitioner runs as follows :the petitioner, a graduate engineer (electrical), was appointed as junior engineer, on 11.8.1992, in terms of the relevant recruitment rules called arunachal pradesh administration (public works department) group-el posts recruitment rules, 1983 (hereinafter referred to as '1983 rules'). under 1983 rules, a graduate engineer appointed as a junior engineer was required to put in, at least, five years of regular service in order to qualify, for promotion to the post of assistant engineer-subsequent to petitioner's appointment as junior engineer, a new set of recruitment rules known as arunachal pradesh power engineering service rules, 1993 (hereinafter referred to as '1993 rules') came into force on 20th december, 1993. according to rule 11 of the 1993 rules, there shall be two branches of cadre of assistant engineer, namely, assistant engineer (electrical/mechanical) and assistant engineer (electronics/telecommunication, computer) and recruitment to both the branches shall be 50% by direct recruitment and 50% by promotion on selection basis from .....
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b.k. sharma, j. 1. both the writ petitions have been heard analogously. the issue involved in the writ petitions is same. in wp(c) no. 101 of 2002 the writ petitioner (hereinafter referred to as 'petitioner no. i') seeks a direction for implementation of the recommendation made by the mizoram public service commission (in short mpsc) for his appointment as asstt. director of forensic science laboratory, mizoram under the respondents. on the other hand in wp(c) no. 105 of 2002 the writ petitioner (hereinafter referred to as 'petitioner no. ip) has prayed for setting aside and quashing of the recommendation made in favour of the petitioner no. i.2. the basic facts are not in dispute. the mpsc issued an advertisement no. 3 of 2001-2002 for two posts of asstt. director (forensic) under mizoram police department. the prescribed qualification laid down in the advertisement was m.sc. (in forensic, chemistry, physics, mathematics, zoology, botany, bio-chemistry, micro biology, bio-physics etc.,) or bachelor of science with post graduates. diploma in forensic science with working experience in any recognised forensic science laboratory with study in mizo language upto middle school standard. preference was to be given to those who were m.sc. (forensic) or bachelor of science with post graduate diploma in forensic science. the recruitment rule for the said post of asstt. director provides for 100% direct recruitment. the educational qualification and other qualifications required for .....
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s.k. kar, j. 1. this is a petition under article 226/227 of the constitution of india intended to challenge order dated 18.03.2002 passed by respondent no. 3, the commissioner of excise, govt. of mizoram, placing the petitioner below the private respondent nos. 4, 5 and 6 in the inter se seniority list of the inspectors of excise in the concerned department. it is submitted that the impugned order has been violative of the rights of the petitioner and is against the spirit and principle of articles 14, 16, 21 and 309 of the constitution of india etc. 2. i have heard both sides. the brief facts are as follows : the petitioner, lalhmingthanga, initially appointed as sub-inspector of excise on the recommendation of the duly constituted d.p.c. (departmental promotion committee) vide letter of the d.p.c. dated 17.10.1984 on which date he joined the service. in the meantime the mizoram revenue, excise and taxation department (group c) recruitment rules, 1979 underwent several changes coming into effect from 21.04.1980 where by provisions for recruitment in the post of sub-inspector of excise was made on the basis of promotion and direct recruitment in the ratio of 50 : 50 basis initially, changed to 25 : 75 in a 1985 rules and thereafter again 50:50 in 1995 rules. that in the year 1994 there was four vacancies in the cadre of inspector of excise and on recommendation of m.p.s.c. (mizoram public service commission) which acting as d.p.c. recommended, vide order dated 06.03.1995, .....
Tag this Judgment!Court : Guwahati
a.b. pal, j.1. in this second round of appeal the challenge is to the order dated 19.4.2006 passed by additional district magistrate (j), saiha district, saiha in 'revised order application no. 1 of 2006' whereby his earlier order dated 7.3.2005 in civil revision no. 1 of 2005, which was set aside and quashed by this court in rfa no. 3 of 2005, has been confirmed after rehearing on remand.2. the case has a chequered career with its genesis in a dispute over certain church properties between two factions carrying their quarrel to the doors of the court. from a careful reading of the original judgment in title suit no. 2 of 2004 and other materials on recor the admitted position emerging from the co. troversies and the background facts may be noticed thus:in 1905 mr. and mrs. rev. reginald arthur lorrain established lakher pioneer mission at london. they came to serkawr (maraland) in 1907 and named the church there as 'lakher church'. in 1961 'lakher church' was renamed as 'lakher independent evangelical church (liec)'. in 1966 it was again renamed as 'mara independent evangelical church' followed by a further renaming as 'independent church of maraland (1cm)'. in 1989 the followers of the church broke into two groups. the majority group established 'evangelical church of maraland (ecm)' with headquarter at saiha. the minority group remained with icm at serkawr. in 1994 icm was renamed as 'congregational church of india (maraland)', cci (m), which was recognized by rev. dr. f. .....
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d.n. chowdhury, j. 1. the constitutionality of levy of sales tax on gingers under the assam general sales tax act, 1993 is the core question involved in this writ petition.2. the petitioner is an association of kuki ginger producers of karbi anglong district in the state of assam. according to the petitioner, the kukies-- a scheduled tribe within the meaning of article 442 of the constitution of india, traditionally grow ginger in the karbi anglong district. ginger cultivation is the main source of earning livelihood for the kuki tribe in the rural area. ginger being a vegetable, was not a taxable item under the assam sales tax act, 1947. amongst others, vegetables which included ginger was an exempted item under section 7 of the assam sales tax act, 1947. the assam general sales tax act, 1993, hereinafter referred to as 'the act, 1993', was enacted to amalgamate, consolidate and amend the laws relating to the levy of tax on the sale or purchase of goods in the state of assam. all sales or purchase of goods other than those goods specified in schedule i to the act, 1993 are made taxable under the provisions of the act. by section 9 of the act 1993, subject to the conditions and exceptions, if any, set out in schedule i to the act, 1993 the sales of goods specified therein are exempted from tax. schedule i to the act, 1993 contains the list of exempted items and 'vegetables' is one of the items in the said list as cited at serial no. 39, which reads as follows : .....
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