Search Results Page

Search Results

1 - 3 of 3 (0.21 seconds)
Bal Bahadur Pradhan vs The State Of Assam And 7 Ors on 15 March, 2021 cites

Sanjita Roy vs The State Of Assam And 4Ors on 4 December, 2018

9. An order of the court is always retrospective in nature, unless it is specifically made prospective in the order itself. This is because the courts do not legislate, they only interpret an existing law. This is unlike the laws made by the State Legislature and the Parliament, which are always prospective in nature, unless again, the law itself makes it retrospective. The original judgement (dated 04.12.2018), passed in WP(C) 1089/2015 (Sanjita Roy vs. State of Assam and Others), does not give benefit to the petitioners from a prospective date. Therefore, in our considered opinion, the order dated 04.12.2018 was retrospective in nature and it would include all similarly situated muster roll workers irrespective of their dates of retirement, provided they are covered by the benefits given to them earlier, and were already availing pension.
Gauhati High Court Cites 7 - Cited by 204 - S K Medhi - Full Document

Braza Kumar Baruah vs The State Of Assam And 6 Ors on 13 October, 2020

10. In view of the above, we allow the writ appeals. The condition imposed by the order dated 21.06.2019 in WP(C) 4027/2019 and other connected writ petitions, and the order passed by the learned Single Judge dated 13.10.2020, in WP(C) 8713/2019 (Braza Kumar Baruah vs. State of Assam and Others) and other connected writ petitions, to the extent discussed above, i.e. only as to its applicability from 04.12.2018 is set aside."
Gauhati High Court Cites 0 - Cited by 5 - A Barua - Full Document

Hem Bahadur Newar Alias Hem Bahadur ... vs The State Of Assam And 4 Ors on 15 March, 2019

5. The lead case being WP(C) 4027/2019 (Bahadur Pradhan vs. State of Assam and Others). The writ petitions were disposed of by the learned Single Judge by order dated 21.06.2019 following the decision taken by the learned Single Judge in WP(C) 1089/2015 and other connected writ petitions and granting the same relief to the writ petitioners as well. However, in the end of its decision, the learned Single Judge observed that since the earlier order of the court was passed on 04.12.2018 [WP(C) 1089/2015], the pensionary benefits will be granted to Page No.# 4/4 the petitioners only from 04.12.2018.
Gauhati High Court Cites 0 - Cited by 2 - A K Goswami - Full Document
1