Back
N. UNNI KRISHNAN NAIR
Abdul Bareque Miah, S/o. Lt. Mahim Uddin Sarkar – Appellant
Versus
State of Assam, Through the Comm. and Secy. to the Govt. of Assam, Education (Higher) Deptt. – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. I.H. Saikia, learned counsel, appearing on behalf of the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department; Mr. B. Gogoi, learned standing counsel, Finance Department; Mr. P.J. Phukan, learned standing counsel, Gauhati University; and Mr. A. Chamuah, learned standing counsel, University Grants Commission(UGC); appearing on behalf of their respective respondents.
2. The petitioner, in the present proceeding, has prayed for a direction upon the respondent authorities to provincialize his service as a Principal of South Salmara College with effect from the date the other teaching and non-teaching staff of the said College were so provincialized i.e. w.e.f. 14.08.2013, along with all consequential benefits. The petitioner has also prayed for a declaration that he was qualified to hold the post of Principal of the said College since the date of his initial appointment i.e. w.e.f. 08.08.1988, in terms of the University Grants Commission(UGC) regulation as in force read with the relaxation as provided in the matter of qualification by the State Government vide a Notification, dated 05.12.1987.
3. As projec
Retrospective application of cut-off dates in legislation violating vested rights is unconstitutional under Article 14; tutors as government servants are entitled to equal treatment with regular pay ....
Provincialisation of services under the Assam Venture Institutions Act requires compliance with statutory procedures, and cannot be deemed without a final decision from the State Government, especial....
Beneficial legislation for provincialisation of service must be interpreted to include employees who have rendered continuous service from their initial appointment, even if they acquired the requisi....
The main legal point established is that the petitioner's case for provincialisation under the Act of 2011 did not attain finality as it was not considered and approved by the Government in accordanc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
