DIBYAJYOTI BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) 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 Bine-swar 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 dtd. 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 dtd. 20/7/2009. The aforesaid Society was registered under the Societies Registration Act, 1860 . The petitioners have highlighted Clause 3 (iv) whereby the action to appoint employee/personnel in the Society was to be done after prior approval of the State Government. As per Clause-4, General Body and the membership was notified, in which out of 10 members, 5 are senior personnel of the Government, two Heads of Department of the College, two eminent social workers and one Principal of the Institute as Member Secretary. The Chief Secretary of the State of Assam was to be the Chairman of the Governing Body and as per Clause-6, the Chairman would preside over all the meetings of the Governing Body. Attention of the Court has also been drawn to Clause 9 (iii) whereby the duties, salaries, allowances and other service conditions of the officers and employees of the Society are to be fixed with the prior approval of the State Government. Under Clause-17, the names of the Members of the First Governing Body of the Society have also been given which is as per Clause-4 mentioned above.