High CourtsDivision Bench(2016) 04 GAU CK 0020

Maneswar Kalita vs State of Assam

Gauhati High Court · Decided on 19 April 2016 · Citation: (2016) 5 GauLJ 98 : (2016) 5 GauLR 44

HON’BLE JUDGES
Mr. Ajit Singh, CJ. and Mr. Ujjal Bhuyan, J.
RESULT
Allowed
CASE NUMBER
Review Petition No. 74 of 2015

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Judgment

6 paragraphs · 237 words

Mr. Ajit Singh, C. J.—Mr. R.C. Saikia, learned counsel for the applicant.

2.

Mr. S. Chakravorthy, learned standing counsel, Secondary Education Department for respondent Nos. 1 and 2 and Mr. D.N. Bhattacharya, learned counsel for respondent No. 6.

3.

This review petition is directed against the order dated 19.6.2014 passed by the Division Bench of this High Court whereby Writ Appeal No.226 of 2014 of Respondent No.6 has been allowed.

4.

Applicant and Respondent No.6 are working as teachers in Baramboi Girls High School. Respondent No.6 aggrieved with the fixation of his seniority below the applicant, filed W.P.(C) No.2803/2013. In the writ petition, the applicant was impleaded as respondent. The learned Single Judge after hearing the respective counsel for the parties including the applicant dismissed the writ petition vide order dated 2.5.2014. Dissatisfied with the order date 2.5.2014, Respondent No.6 filed Writ Appeal No.226 of 2014. And vide order dated 19.6.2014 the writ appeal has been allowed without even issuing show cause notice to the applicant. In the result, the case of the applicant has been seriously prejudiced. The fact that writ appeal of Respondent No.6 has been allowed vide order dated 19.6.2014 without even notice to the applicant could not be denied by the counsel of Respondent No.6.

5.

This being the situation, we set aside order dated 19.6.2014 and direct that it be decided afresh after hearing the applicant.

6.

The review petition is allowed.