Seniority Of Casual Labourers To Be Reckoned From Regular Appointment, Not From Date Of Screening/Temporary Status: Gauhati High Court

A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding writ petitions held that the seniority of casual labourers who are later absorbed in permanent cadre must be reckoned from the date of regular appointment and not from the date of screening or temporary status.Background FactsThe workmen were initially employed by the Northeast Frontier...

Gauhati High Court Quashes Appointment Of 935 Police Constables In Nagaland, Cites Violation Of Article 16 Of Constitution

The Gauhati High Court on Friday quashed the appointment of 935 police constables who were appointed during the period from January, 2018 to October, 2019 by the State of Nagaland, without any advertisement. The single judge bench of Justice Devashis Baruah sitting at Kohima further directed the State to take steps for holding fresh selection of the 935 posts of Constables by issuance...

Gauhati High Court Gives 'Last Opportunity' To GMC To Provide Details Of Service Provider Entrusted With Building & Maintaining 'Vending Zones'

The Gauhati High Court on Friday granted the last opportunity to Guwahati Municipal Corporation to apprise it of the details of the Service Provider which was engaged in developing and maintaining the vending zones and also to provide the details of works that have been done by the said service provider. A division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair...

Part-Time Contractual Employees Are Entitled For Maternity Benefits Even If Terms Of Appointment State Otherwise: Gauhati High Court

The Gauhati High Court on Tuesday (September 10) disposed of a 2015 writ petition by setting aside with the communications informing the petitioners that maternity leave benefits are available only to regular employees of Kendriya Vidyalaya Sangathan (KVS).Background factsThe petitioner in the matter was a part-time contract teacher in Kendriya Vidyalaya from 29.06.2012 to 04.03.2015 with...

Gauhati High Court Calls For Equal Opportunity Of Promotion For Inspectors Of Armed And Unarmed Branch Of Mizoram Police

The Gauhati High Court recently held that proviso to Rule 6(1) of the Mizoram Police Service Rules, 2008, shall be interpreted in a manner which provides equal opportunity of promotion to the Inspectors of the Armed Branch as well as Un-armed Branch of the Mizoram Police. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“It is a salutory principle of law...

Gauhati High Court Issues Notice To State On Plea Alleging Custodial Death Of Prime Accused In 14-Yr-Old Girl's Gang Rape

The Gauhati High Court on Monday issued notice to the Assam Government and Police authorities in a plea on the custodial death of the prime accused in the gang rape of a fourteen-year-old girl in Nagaon, who allegedly drowned in a pond when he tried to flee from police custody. The division bench of Justice Manash Ranjan Pathak and Justice Soumitra Saikia issued the said notice while hearing...

Gauhati HC Halts 'Unjustified' Transfer Of Asst Excise Inspectors, Says Such Frequent Transfer Orders Cannot Be Endorsed In Interest Of Justice

The Gauhati High Court recently interfered and set aside the frequent transfer order of three Assistant Excise Inspectors on the ground that the reasons cited in the transfer orders are not justified. The single-judge bench of Justice Sanjay Kumar Medhi observed:“…Though there is no manner of doubt that the posts involved are transferable which may be done in the public interest and...

Gauhati High Court Urges State Govt To Notify Draft Child Protection Policy & Rules, Flags Issues Being Faced By Juvenile Justice Boards

The Gauhati High Court recently exhibited its hope and trust in the Assam Government to take immediate steps to notify the Draft State Child Protection Policy as well as the Rules. The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed the State Government to take steps for the redressal of the various issues and challenges faced by the Juvenile...

Gauhati HC Sets Aside NDPS Conviction, Cites Irreconcilable Contradictions In Prosecution Evidence, Failure To Follow Mandatory Procedure

The Gauhati High Court on Monday set aside a judgment and order passed by a Trial Court by which it convicted and sentenced a person under Section 21(c) of the NDPS Act, on the ground that there are irreconcilable contradictions in the evidence of the prosecution and lapses in not following the mandatory procedural requirements.The single judge bench of Justice Mridul Kumar Kalita was hearing...

30-40 Yrs Old Trees Cut! Gauhati High Court Seeks Mizoram Govt's Response On Steps To Curb Menace Of Tree Felling

The Gauhati High Court recently directed the Mizoram government to apprise it about the measures taken or proposed to be taken by it for curbing the menace of felling of trees in Aizawl as well as in other villages of the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma observed,“…the felling of trees in Aizawl as well as villages such as Ailawng...

“Assessee Entitled To Hearing If Pre-Deposit Is Made”: Gauhati High Court Grants Fresh Hearing

The Gauhati High Court while granting a fresh hearing to the assessee stated that the benefit of hearing has to be given to the assessee as the statutory deposit has already been made by the assessee. The Bench of Justice Arun Dev Choudhury observed that “This court though cannot find fault with the appellate authority in non-entertaining the appeal due to non-compliance of...

Mizoram Govt Not Taking Effective Steps To Improve Prison Conditions Despite Availability Of Funds: Gauhati High Court

The Gauhati High Court recently granted four weeks to the State of Mizoram to clarify its position regarding the scheduled start and completion of work for improving the conditions of prisons in the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed,“We expect that the State Government shall come with a concrete proposal...