.....do not get that benefit.at the outset, it has to be noted that the study leave is contemplated only as per the central civil services (leave) rules, 1972. rule 2 provides that the leave rules would apply to govt. servants appointed to the civil services and posts and that the same shall not apply to persons appointed on contract, except when the contract provides otherwise. therefore, it all depends on the terms of the contract executed by the employee concerned. the learned additional advocate general submits that in terms of the contract already executed by the contract service doctors/ rogi kalyan samiti doctors, there is no provision for study leave. 2. the petitioner has yet another apprehension as to whether he would be in the contract service after completion of the post graduate course. provisions 3.2, 3.4 & 3.5 of the prospectus read as follows:“3.2 all the hphs (m.o. dental) doctors appointed on contract basis will be paid the basic contractual salary and their period of postgraduation will be counted for the purpose of regularization of services and other benefits for which they are eligible. the doctors (m.o. dental) appointed through rogi kalyan.....
Tag this Judgment! Ask ChatGPT.....that the petitioner could not carry on the business of running the meat shop as he was not granted the license by the mcd on account of the fact that the size of the shop did not conform to the size requirements as were laid down by the mcd for running a meat shop. the petitioner has also submitted that the delhi vidyut board and the cpwd failed to provide any basic amenities in the vasant vihar shopping complex where the shop in question was located. the petitioner also submitted that he had applied for the grant of license with the municipal authorities on 14.09.1998, but vide their letter dated 21.09.1999 the said request of the petitioner was rejected by the respondent-mcd and it is only then the petitioner came to know that in order to run a meat shop the minimum area as it was then required was 85 sq. ft., whereas the shop allotted to the petitioner by the directorate of estates was only 61 sq. ft. the petitioner has further stated that he made lot of efforts through various representations made by him to impress upon the concerned authorities to allot him some alternate shop which could conform to the size requirement as laid down by the mcd, but all the said.....
Tag this Judgment! Ask ChatGPT.....has been taken vide para 2 on merits: “2. that the contents of para 3 of the application are false, wrong and incorrect and hence denied. in fact the applicant was employed as security guard on contract basis for a period of one year from 16.2.2002 to 15.2.2003 by the respondent no. 1 being ward of ex-serviceman and needy person under the provisions contained in the guidelines issued by the director general resettlement, army headquarters, new delhi stated supra on certain terms and conditions of service which were accepted and signed by the applicant before joining the service as security guard. a photostat copy of agreement containing terms and conditions of service signed by the applicant is attached as per annexure r-1. now the principal employer (sjvn shimla) of the applicant has denied to accept the civilians as security guards on the plea that they do not possess the eligibility conditions required for the post of security guard of any organization. also there is no provision in para 22 of revised edition of guidelines dated 01 june 2003 received recently from the director general of resettlement, army headquarters, new delhi, for employment of civilians as.....
Tag this Judgment! Ask ChatGPT.....tv. this witness was though declared hostile, but he remained firm on his statement that appellant used to demand rs.10,000/- and a tv. no doubt the fact about the demand was not specifically mentioned in the police statement ex.p/11 of ramanuj (pw-10), but it was clearly mentioned by the witness that deceased told to him that appellant, her father-in-law and mother-in-law used to pressurize her for bringing tv and a cycle. arjun prasad (pw-5), brother-inlaw of deceased, stated that deceased used to tell him about her manhandling by her in-laws. he deposed that appellant told to him that deceased was not of his choice and that he would not keep her. 16. adharelal (pw-8), who had acted as a mediator in the marriage of appellant with deceased, deposed that appellant and his mother used to beat her and subject her to cruelty. some time before the death of deceased, appellant's father had left deceased at the house of her parents and nobody came thereafter to fetch her. then he and pyarelal, the father of deceased, took deceased to appellant's house where the accused persons expressed their unwillingness to keep her at their house. however, on their insistence, they let deceased live.....
Tag this Judgment! Ask ChatGPT.....division), kasauli whereby she rejected the application filed by the petitioner under section 10 cpc for stay of the suit. 2. briefly stated the facts relevant for disposal of the case are that the petitioner filed civil suit no. 3-1/11 which was taken up by the learned civil judge (senior division), kasauli. plaintiff bhupinder kumar filed the suit against narata ram, hari singh and mani singh. basic prayer in this suit was that the defendants be restrained from causing any interference, hindrance or obstacle in the enjoyment of the exclusive possession of the plaintiff over specific portion of land comprised in khasra nos. 268/5/1, 268/3 and 268/4 in mauza khadeen, pargana nali dharti, tehsil kasuali, district solan (h.p) and further they be restrained from interfering in the construction work being raised by the plaintiff bhupinder kumar. in the plaint it was admitted that the land was joint but according to the plaintiff this exclusive portion had been purchased by him and was, therefore, in his exclusive possession and he was entitled to raise construction over it. it would be pertinent to mention that the suit was filed on 27th january, 2011. it was taken up by the.....
Tag this Judgment! Ask ChatGPT.....(i) criminal court had no authority to order handing over of the property, i.e., jewellery or cash to the persons claiming it; (ii) satisfaction of the authority issuing the warrants is to be determined as per the situation existing on the date when the warrant is issued and the requisite satisfaction satisfy the test of judicial review; (iii) lack of territorial jurisdiction is not fatal to the issuance of the warrant; (iv) once an assessment is over the seized property is to be disposed of as per determination made by the assessing authority; (v) where assessment is not complete the authority issuing the warrant shall take further steps within the stipulated period as required under section 132 (5) of the income tax act. (2) thus writ petitions no. 1705, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718 and 1719 of 1990 filed by the union of india are allowed. the silver ornaments shall be deemed to in custody of the income tax department (though in reality these shall remain custody in government treasury gwalior. (3) so for as writ petition no. 1853 of 1991 and writ petition no. 1984 of 1990 are concerned. there are disposed of.....
Tag this Judgment! Ask ChatGPT.....from eligible candidates and if thepetitioner offers his candidature for the same, due weightage shall be given to his past experience. 2. the facts and circumstances giving rise to the present writ appeal in a nutshell are that the writ petitioner was appointed as secretary of chahagaon gram panchayat on 19.10.1996. his appointment was duly approved by the district panchayat officer, kalahandi. while he was continuing as such, he was asked to handover charge to one chitrasen sabar pursuant to direction of respondent no.4- b.d.o., bhawanipatna vide letter no.338 dated 27.02.1997 and accordingly, the appellant handed over the charge to said chitrasen sabar on 05.03.1997, who was earlier appointed as the secretary of the said gram panchayat and was dismissed from service because of his unauthorized absence. being aggrieved of his dismissal from service sri chitrasen sabar made a representation to respondent no.1-principal secretary to government, panchayatraj department, orissa who, after considering his case, directed the chahagaon gram panchayat to allow him to join as secretary of the said gram panchayat and accordingly, sri sabar took charge from the appellant on.....
Tag this Judgment! Ask ChatGPT.....submits that the writ petition is barred for non-compliance of section 80, c.p.c. it is also not maintainable in view of the disputed questions of fact involved. the petitioner has committed unlawful act of dumping the alleged materials at the railway premises without any authority and required permission. the petitioner has contravened the railway rules and is therefore liable to pay stack/wharfage charges as per the provision of para 3.3. of the divisional rate circular no.12(g) dated 29.06.2009 wherein it has been clearly mentioned that the stacking permission shall be granted by the senior divisional commercial manager in consultation with the senior divisional operations manager only to those rail users, who have indented for the wagons/rakes. referring to para 3.4 of the said circular, mr. mishra submitted that there is clear procedure provided in the circular as to how to apply for stacking permission and obtain it. in the present case, the same has not been followed. referring to para-3.2 of the said circular, it was submitted that the consignor shall be allowed to dump and load the materials at the loading point on the confirmed forecast from the chief controller (.....
Tag this Judgment! Ask ChatGPT.....government advocate appearing for opposite party-authorities submitted that the writ petition is not maintainable as several disputed questions of fact are involved in the present writ petition. the state government is committed to provide an effective and efficient public distribution system for its citizens. as per the recommendations at para-6 of the central vigilance committee on p.d.s. headed by the hon’ble justice wadhwa, the state government was advised to devise a scheme to eliminate bogus ration cards circulated in the state. in compliance to the said direction of the committee under annexure-a/1 the state government has initiated verification campaign through out the state to eliminate fake/bogus cards in pds during 2009-10 and recently in 2010-11. besides that, newspaper advertisement warning the bogus card holders to surrender their cards has also been published in leading newspapers of the state to eliminate the bogus ration cards in pds as per the direction of the apex court. bpl survey is the duty of p.r. department in rural area and h. & u.d. department in urban areas. therefore, survey in rural areas will be conducted by panchayati raj department of.....
Tag this Judgment! Ask ChatGPT.....dated 13.01.2010 of the dy. commissioner. vide the impugned order the commissioner (appeals) dismissed the appeal, on the ground that the letter dated 18.02.2010 of the dy. commissioner is neither a decision nor an order passed under the central excise act, 1944, hence this appeal before the tribunal. 2. heard both sides. once the assessees were informed on 13.01.2010 that the dy. commissioner was not authorized to sanction/consider claims filed under rule 96zq of the erstwhile central excise rules, 1944, they adopted the correct course of action by filing claim before the proper authority viz., the commissioner. the commissioner should have disposed of their claim for interest on merits, instead of driving the assessees to file an appeal before the commissioner (appeals) against the communication dated 13.01.2010. since, the claim of interest has not been decided on merits, i set aside the impugned order and remand the matter to the commissioner for fresh decision on merits. he shall pass fresh orders after hearing the assessees in their defense. 3. the appeal is thus allowed by way of remand.
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