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2024 Supreme(Gau) 713

SANJAY KUMAR MEDHI
Dibyajyoti Borah, S/o. Sri Kamal Chandra Borah – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Higher Education Technical Dept. – Respondent


Advocates Appeared:
For the Petitioners: Shri S.S. Goswami, Shri S. Borthakur.
For the respondents:Shri A.R. Tahbildar, SC, Higher Education, Shri R. Boro, Advocate, AG, Shri R. Sensua, Advocate (R-4)

JUDGMENT :

All these three writ petitions being connected, are taken up for an analogous hearing and are being disposed of by this common judgment and order.

2. The issue is primarily related to a protection of pay of the petitioners owing to certain developments in the management of the establishments where they were employed. The establishments in question are two educational institutions namely the Jorhat Institute of Science and Technology, Jorhat (erstwhile Jorhat Science College) and the Bineswar Brahma Engineering College in the district of Kokrajhar. For the sake of convenience, the background of the two establishments which would be relevant for the adjudication of these cases are separately mentioned as hereunder.

3. The erstwhile Jorhat Science College was converted to the Jorhat Institute of Science and Technology (JIST) vide a notification dated 18.11.2008 issued by the Higher Education (Technical) Department, Govt. of Assam. Subsequently, a Society was formed through a Memorandum of Association (MoA) called the Jorhat Institute of Science and Technology dated 20.07.2009. The aforesaid Society was registered under the Societies Registration Act, 1860. The petitioners h

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