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Gauhati High Court Dismisses Pension Claim Of Assam Minorities Development Board Employees | Staff Paid Through Grants-In-Aid And Not State Salary Head Cannot Be Treated As Government Servants

Gauhati High Court Dismisses Pension Claim Of Assam Minorities Development Board Employees | Staff Paid Through Grants-In-Aid And Not State Salary Head Cannot Be Treated As Government Servants

Sanchayita Lahkar   The High Court of Gauhati, Division Bench of Chief Justice Ashutosh Kumar and Justice Manish Choudhury has dismissed an appeal filed by several employees of the Assam Minorities Development Board. The appellants had sought recognition of their entitlement to pensionary benefits under the Assam Services (Pension) Rules, 1969. The Bench concluded that the employees, though serving in posts permanently retained by...

Gauhati High Court | State Cannot Arbitrarily Classify Pensioners Of Homogenous Class By Cut-Off Dates | Retirees Between 2006–2009 Entitled To Revised Pension Under Assam Pay Commission, 2008

Gauhati High Court | State Cannot Arbitrarily Classify Pensioners Of Homogenous Class By Cut-Off Dates | Retirees Between 2006–2009 Entitled To Revised Pension Under Assam Pay Commission, 2008

Sanchayita Lahkar   The Gauhati High Court, Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury dismissed an appeal filed by the State authorities challenging the grant of revised pensionary benefits. The Division Bench held that the appeal lacked merit and directed that the earlier judgment, which had extended pensionary benefits to retired employees in accordance with the Assam Pay Commission 2008 recomm...

Gauhati High Court Upholds Censure Under BCPL Conduct Rules | Delay in Review Saved by COVID Limitation Extension and Rule 41 Condonation

Gauhati High Court Upholds Censure Under BCPL Conduct Rules | Delay in Review Saved by COVID Limitation Extension and Rule 41 Condonation

Safiya Malik   The High Court of Gauhati Single Bench of Justice Marli Vankung dismissed a writ petition challenging the imposition of a minor penalty under the BCPL Employees (Conduct, Discipline & Appeal) Rules, 2013. The Court held that the review authority had validly exercised its powers despite the petitioner’s objection regarding limitation and confirmed that the penalty of “censure” imposed on the empl...

Gauhati High Court Sets Aside Registrar’s Disapproval of Cooperative Election | Delay in Appeal Under Rule 27 Fatal | Upholds Elected Board’s Right to Governance

Gauhati High Court Sets Aside Registrar’s Disapproval of Cooperative Election | Delay in Appeal Under Rule 27 Fatal | Upholds Elected Board’s Right to Governance

Sanchayita Lahkar   The High Court of Gauhati Single Bench of Justice Sanjay Kumar Medhi has set aside an order issued by the Registrar of Cooperative Societies, Assam, which had disapproved the elections held for the Odali Samabai Samity Limited and appointed a One Man Committee in its place. The Court directed that the elected Board of Directors be allowed to discharge their duties until the completion of their term, subject to c...

Journalistic Report On Illegal Migration And Fundamentalism Not 153A IPC Offence | Gauhati High Court Quashes FIR | Court Holds Mens Rea And Intent To Incite Violence Essential

Journalistic Report On Illegal Migration And Fundamentalism Not 153A IPC Offence | Gauhati High Court Quashes FIR | Court Holds Mens Rea And Intent To Incite Violence Essential

Sanchayita Lahkar   The High Court of Gauhati, Single Bench of Justice Pranjal Das, allowed a criminal petition seeking quashing of proceedings arising from an FIR registered under Section 153A/34 of the Indian Penal Code. The Court directed that the proceedings arising from Sivasagar Police Station Case No.1008/2016 be quashed in their entirety. The Court found that the allegations in the FIR did not fulfill the essential ingredie...

Merely Attaching Tax Determination To DRC-01 Summary Not A Valid Show Cause Notice | Gauhati High Court Quashes Order For Violating GST Norms And Natural Justice

Merely Attaching Tax Determination To DRC-01 Summary Not A Valid Show Cause Notice | Gauhati High Court Quashes Order For Violating GST Norms And Natural Justice

Sanchayita Lahkar   The High Court of Gauhati Single Bench of Justice Sanjay Kumar Medhi set aside an order issued under the GST framework on grounds of procedural lapses. The Court held that the order, which was based solely on a tax determination attachment accompanying a summary show cause notice in FORM GST DRC-01, lacked legal validity in the absence of a properly authenticated and substantive show cause notice. The Court furt...

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