Court : Guwahati
1. these two cases involved common question of facts and law and, as such, these have been taken up together for hearing jointly and accordingly, these two cases are hereby disposed of finally on their own merit with the following common judgment and order: 2. two writ petitioners in civil rule no. 291/92 and the writ petitioners 10 in number in civil rule no. 3 of 1993 made the same and similar prayer for a direction to the respondents/authority concerned for affording similar time scales of pay amongst the class-iv employees of the government and permanent labourers working under the respondent department. in other words, to forbear from granting two different scales of pay to class iv employees and the permanent labourers by contending, inter alia, that these petitioners were initially engaged and employed as daily rated workers (for short drw) since a pretty long time i.e. since the year ranging from 1974, 1975, 1976 and 1977 respectively and they have been given their place of posting at different places under the control of the director of animal husbandry, government of tripura and since then they have been discharging their duties sincerely and diligently and in the year 1987 by virtue of a related government order bearing no. f.2(459)-ahd/estt/83 dated 1st august, 1987 as is annexure-1 to the writ petitions these petitioners 12 in number have been engaged as permanent labourer @ rs.11.50 per day plus usual allowances as admissible from time to time on no work no pay .....
Tag this Judgment!Court : Guwahati
a.h. saikia, j. 1. i have heard mr. d.b. sengupta, the learned senior counsel assisted by mr. a.k. deb, learned advocate appearing on behalf of the petitioner and mr. s. deb, the learned senior counsel assisted by mr. r. dasgupta, learned advocate appearing for the respondents. also heard mr. t.k. ray, learned advocate general, tripura who has been requested to assist this court for a limited purpose in order to clarify certain averments made by the state-respondents in its response. 2. the factual matrix of the case necessary for proper appreciation of the controversy at hand is that the petitioner's deceased father atish ch. chowdhury was a dedicated congress worker having his movable and immovable properties at village west noabadi under bast agartala police station in the district of west tripura. he was elected as gaon pradhan of west noabadi gaon panchayat on 17.7.1984. subsequently, late atish ch. chowdhury was nominated as chairman of west noabadi gaon panchayat on 8th january, 1991. due to his political affiliation and political rivalry, the life of the petitioner's father was endangered and having considered the adverse law and order situation in the area, the petitioner's father had to ask for house guard as security measure and the government was pleased to provide the house guard to the petitioner's father from 30.2.1988 to 22.4.1991. but thereafter, the said house guard was withdrawn for the reasons best known to the authority. it is averred that till the .....
Tag this Judgment!Court : Guwahati
a.h. saikia, j.1. i have heard mr. d.b. sengupta, the learned senior counsel assisted by mr. a.k. deb, learned advocate appearing on behalf of the petitioner and mr. s. deb, the learned senior counsel assisted by mr. r. dasgupta, learned advocate appearing for the respondents. also heard mr. t. k. ray, learned advocate general, tripura who has been requested to assist this court for a limited purpose in order to clarify certain averments made by the state-respondents in its response.2. the factual matrix of the case necessary for proper appreciation of the controversy at hand is that the petitioner's deceased father atish ch. chowdhury was a dedicated congress worker having his movable and immovable properties at village west noabadi under east agartala police station in the district of west tripura. he was elected as gaon pradhan of west noabadi gaon panchayat on 17-7-1984. subsequently, late atish ch. chowdhury was nominated as chairman of west noabadi gaon panchayat on 8th january, 1991. due to his political affiliation and political rivalry, the life of the petitioner's father was endangered and having considered the adverse law and order situation in the area, the petitioner's father had to ask for house guard as security measure and the government was pleased to provide the house guard to the petitioner's father from 30-2-1988 to 22-4-1991. but thereafter, the said house guard was withdrawn for the reasons best known to the authority. it is averred that till the .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j.1. by this common judgment and order, i propose to dispose of both the writ petitions enlisted above, namely, wp(c) nos. 7905/2004 and 8620/ 2004, for, both these writ petitions have been heard together on the request made by the learned counsel for the parties and, as conceded by the learned counsel for the parties, the decision in any of the two writ petitions would have great bearing on the out-come of the other writ petition inasmuch as both these writ petitions are closely interlinked and the writ petitioners in both the writ petitions claim to represent the same registered society.2. the undisputed facts, which emerge from the records, are that sadou asom puthi prakasak aru bikreta sangtha, which is also popularly known as the all assam book sellers and publishers association, is a society, (hereinafter referred to as 'the said society'), established in the year 1973, with the object of promoting culture and literature in the society and it organises and conducts activities, such as, north-east book fair, national level literary seminar, introduction of national and international literature, donation to the chief minister's relief fund and extending financial help to people on humanitarian grounds. the said society stands registered under the societies registration act, 1860, with effect from 19.8.1998. this registration was valid upto 19.8.2001 and had been subsequently extended upto 14.9.2007. by order, dated 27.9.2004, issued by the registrar of firms .....
Tag this Judgment!Court : Guwahati
ranjan gogoi, j.1. the two appeals under consideration were earlier heard by a division bench of this court. by judgment and order dated 9.8.2005 the appeals were allowed. aggrieved, some of the respondents in the appeals moved the hon'ble supreme court. the hon'ble supreme court noticed a conflict between the judgment and order dated 9.8.2005 and an earlier judgment of the division bench rendered on identical facts in state of arunachal pradesh v. ashok kumar yadav and ors. reported in 2002(1) glt 223. consequently, the judgment and order dated 9.8.2005 was set aside and the matter remanded to this court for consideration by a larger bench. this is how the appeals have been posted before us.2. the facts, in brief, may be noticed at the outset.an advertisement dated 8.6.2001 was issued by the arunachal pradesh public service commission (hereinafter referred to as the commission) for recruitment to 63 posts in group-a & b. in the advertisement issued it was clearly mentioned that as per the reservation policy in force in the state of arunachal pradesh 80% of the posts are reserved for apst candidates and the remaining 20% are unreserved (open competition).3. the petitioners, who are non-apst candidates, applied pursuant to the advertisement issued and took part in the selection held. on 26.(5.2003 a merit list of 98 candidates (the number of posts available in the meantime increased to 98) was published wherein the names of the petitioners appeared. according to the .....
Tag this Judgment!Court : Guwahati
ranjan gogoi, j.1. the 11 writ petitioners are working as superintending engineers in the general reserve engineering force (gref). as the pleadings of the parties would go to indicate, the gref is a unit of the border roads organisation and the petitioners are members of the border road engineering service, having been inducted in service on the basis of a combined engineering service examination held by the upsc.2. the grievance expressed is with regard to what the petitioners contended to be their entitlement to the scale of pay of rs. 14,300 -18,300 in the posts of superintending engineer held by them, as had been recommended by the 5th central pay commission.3. earlier to the recommendations of the 5th central pay commission, the cadre in group a in the engineering service of the border roads organisation consisted of the following posts with the below mentioned pay scales : posts pay scale1. assistant executive engineer 2200-40002. executive engineer 3300-45003. superintending engineer 3700-45004. superintending engineer 4500-5700 (non-functional grade)5. chief engineer 5100-67004. the 5th central pay commission in paragraph 50.45 of its report had recommended that the non-functional pay-scale of rs. 4,500 - 5,700 (revised to rs. 14,300 - 18,300) applicable to the superintending engineers in the cpwd should be converted into a functional grade and promotions to the above scale should be permitted on completion of 13 years of regular service in group-a. the pay .....
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d.n. baruah, j.1. accused nos. 1 to 4 and 6 in sessions case no. 6(nl)/88 of the sessions court, lakhimpur, north lakhimpur have filed this appeal against the judgment dated 20-12-89 of the sessions judge convicting them under sections 302 and 324, i.p.c. read with section 34, i.p.c. and sentencing them to undergo rigorous imprisonment for life and to pay a fine of rs. 1000/- with default sentence. accused nos. 5 and 7 to 12 have been acquitted and the acquittal is not challenged by the state.2. prosecution case is as follows :on the evening of 22-9-81, state transport bus no. 2580 was coming from north lakhimpur to bihpuria via fatehpur. p.w. 11 was the driver and p.w. 12 was the conductor of the bus. p.w. 1 abdul sabhan master, his son, now deceased, abdul hakim, p.ws. 2 to 6, p.w. 14, p.w. 15 and others were travelling in the bus. the bus left fatehpur bazar and reached a small wooden . bridge at sundarikhal at about 6.45 p.m. entry to the bridge was seen blocked by putting a bamboo across it. on the instruction of the conductor, p.w. 2 alighted from the bus and pushed back the bamboo and got into the bus. 6th accused armed with dao and others came to the bridge and 6th accused flourishing the dao replaced the bamboo so as to obstruct the passage. the twelve accused along with now deceased yasin and jabbar and others, all armed with deadly weapon like daos, daggers etc. came to the bus. some of them opened the driver's door and injured the driver. others broke open the .....
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d. biswas, j.1. this appeal is directed against the judgment and decree dated . 16.2.2001 passed by the learned civil judge (senior division) no. 2, kamrup, guwhati dismissing the money suit no 131 of 1997.2. the aforesaid money suit was instituted by the appellant for realization of rs. 31,129.92 along with interest of rs. 43,325.68 at the rate of 18 per cent per annum being the cost of the materials supplied by them to the respondents during the year 1988 and onwards. the learned trial court dismissed the suit on the ground that it is barred by limitation and bad for non-joinder of karbi anglong district council.3. the appellant is a proprietorial firm engaged in the business of supply of various equipments. it supplied various items as per order issued by the executive engineer (defendant no. 7). besides, the executive engineer also deputed his employees to collect spare parts from time to time to take delivery of spare parts by signing on the delivery challan without formal orders. supplies were accordingly made on 28.11.1988 and various other dates thereafter, the last one being on 27.5.1994. the total value of articles supplied remained due for payment amounted to rs. 31,129.92. the suit was instituted on 27.6.1997 for realisation of the aforesaid amount with interest at the rate of 18 per cent per annum.4. the respondents, as defendants, contested the suit pleading inter alia that the suit is barred by law of limitation and bad for defects of praties. the learned .....
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r.b. misra, j.1. heard mr. c. s. sinha, the learned counsel appearing on behalf of the petitioners and mr. u.b. saha, the learned, sr. government advocate assisted by mr. t.d. majumder, the learned counsel appearing on behalf of the respondents.2. in this writ petition prayer has been made for directing the respondent to regularize the services of the petitioners to the post/grade commensurate to their educational qualification since the date of their initial joining to the service as contingent workers along with consequential service benefits by obtaining financial concurrence of the state government and also for issuance of writ of certiorari quashing the appointment of 500 lower division clerks/panchayat secretaries as illegal and arbitrary along with the prayer for declaring the memorandum no. f.10(16)-fin(g)/99 dated 22.3.2001 as unjustified and unreasonable. the facts necessary for adjudication of the present writ petition are that some of the petitioners being high school pass, some being holding senior secondary certificate and some being graduate were deployed in the panchayat department as contingent workers (in group-c category) in between october and november 1990 as indicated in para 2 of the writ petition. initially they along with 1666 persons were engaged at the rate of rs. 24 per day however, subsequently they were deployed in different departments of the state government at the enhance rate of rs. 65 per day from 1.1.2003 and for such purpose even .....
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t. vaiphei, j.1. this writ petition is directed against the letter of intent (loi) dated 23.6.2007 issued by the respondent no. 1 in favour of m/s lessly shylla, nongrimbah, bolck-k, liatumkhrah, east khasi hills district, shillong (the respondent no. 2), for finishing & furnishing, operating and maintaining the crowborough hotel-cum-commercial complex in shillong.2. the facts giving rise to the writ petition are that the centre point group enterprises represented by its managing director is a consortium of hotel enterprises, which claims to be one of the leading hotels and hospitality chains of meghalaya and also claims to run a network of business and luxury hotels including centre point hotel, royal heritage tripura castle at shillong and ri kynjal resort at umium. the group is also stated to have a proven track record and expertise and experience in hotel and hospitality industry, and has strong financial resources in terms of net worth, solvency and turnover. the respondent no. 1 has for the past two decades been dealing with the project for development of a hotel complex known as crowborough hotel ('the hotel' for short) at police bazar, shillong, but due to litigation problems, the project could not see light of the day. after finally settling the litigation, the respondent no. 1, in the year 2005, took a decision to re-develop the partially constructed structure of the hotel, which had been lying idle for over two decades. a decision was accordingly taken by the .....
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