TULIKA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) At the outset, it may be mentioned that in the present Civil Rule an application for interim order was made and on 7.7.94, the learned Single Judge was pleased to pass an interim order directing the authority to send 12 names against the existing 3 vacancies to the Public Service Commission as provided under the rules and without following the procedure no promotion shall be made. It was also directed that the name of the petitioner in the Civil Rule Smti. Tulika Das shall be considered as to whether she is entitled to preference under the rules as she belongs to Scheduled Tribes (Plains). An application was moved for vacation/modification/alteration of the order dated 7.7.94 passed by the learned Single Judge in Civil Rule No. 2457/94 on behalf of the respondent No, 7 in the Civil Rule Shri M.N. Bhuyan, Deputy.Commissioner of Taxes, Zone-A, Guwahati. The aforesaid application was finally disposed of in Misc. Case No. 885 of 1994 by the order passed by the learned Single Judge on 12th August, 1994. The learned Single Judge held that the interim order passed on 7.7,94 required no modification save and except the fact that the learned Single Judge wrongly relied on the sections which had application to the cases of direct rearuitment. The Misc. Case was accordingly rejected.

(2.) Writ Appeal No. 394 of 1994 was filed by Shri A.K. Dutta praying that the decision of the learned I Single Judge dated 12.8.94 in Case No. 885/95 in Civil Rule No. 2457 of 94 was incorrect and unsustainable in law and was liable to be set aside.

(3.) Writ appeal No. 395 of 1994 was filed by Shri N.N. Bhuyan, Deputy Commissioner of Taxes, Zone-A, Guwahati, respondent No.7 in the Civil Rule praying for the same relief, i.e,, the setting aside of the order passed by the learned Single Judge on 12.8.94.