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2019 Supreme(Gau) 528

KALYAN RAI SURANA
Lakhi Ram Bora – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : Ms. L. Borgohain, Ms. S. Gogoi, Ms. L. Borgohain, Ms. R. Newar, Mrs .N. Saikia
For the Respondent: Mr. D. Sarmah, Dr. B. Ahmed, Mr. B. Pathakr, Mr. B. Gogoi, Dr. B. Ahmed

JUDGMENT :

1. Whether the petitioners, being employees of Assam State Cooperative Union, which is a registered Cooperative Society, would be entitled to an order in the nature of mandamus against the State for paying the monthly salary and other emoluments as revised from time to time, is one of the basic issue that arises for decision in these set of writ petitions filed under Article 226 of the Constitution of India.

2. It is projected that the Assam State Cooperative Union (ASCU for short) was conceived, set up and established by the Government of Assam for the promotion of Cooperative education, training, publicity and propaganda work throughout the state of Assam. The said ASCU was entrusted with the Assam State Cooperative Training Institute at Joysagar vide notification No.CPL/47/61/2-3 dated 14.12.1961 by providing that a provision of Rs.5,00,000/- was earmarked under "Third 5 year plan" with an annual phasing of expenditure not exceeding Rs.1,00,000/- and the amount for the Institute was to be provided through the ASCU as grants-in-aid for the following expenditures viz.

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