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2008 Supreme(Gau) 627

RANJAN GOGOI
Nripendra Kumar Sarma – Appellant
Versus
Bongaigaon Refinery and Petrochemicals Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: K.P. Sarma and B. Das, Adv.
For Respondents/Defendant: M.K. Choudhury, P.K. Tiwari, U.K. Nair, K.N. Choudhury, A. Baruah, R. Dubey and M. Mahanta, Advs.

JUDGMENT

Ranjan Gogoi, J.

1. Will the Delhi Public School Society, a body registered under the Societies Registration Act, 1860 be amenable to the writ jurisdiction of this Court? This is the question that arises, in the first instance, in the present writ petition. The said question has arisen on the basis of a preliminary objection raised by the Respondents with regard to the maintainability of the writ petition wherein the Petitioner, an employee of the Delhi Public School, Dhaligaon, Bongaigaon, has claimed appointment in the post of accountant which carries a higher scale of pay than what was being drawn by him at the relevant point of time.

2. The Delhi Public School, Dhaligaon, where the Petitioner is employed was set up by virtue of an agreement, executed in the year 1986 by and between the Respondent No. 1. Bongaigaon Refinery and Petrochemicals Ltd., and the Delhi Public School Society. The service of the Petitioner who was an employee of the school, prior to its take over by the Delhi Public School Society was continued in the post of Assistant in the pay scale of Rs. 3,200/- to Rs. 4,850/-. The said scale was modified in the year 2000 to Rs. 4,200/- to Rs. 6,350/-. The Pet










































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