Allahabad Court October 1998 Judgments
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Ravindra Pal Singh Solanki Vs. Chief Secretary, Medical Health and Fam ...
Court: Allahabad
Decided on: Oct-08-1998
Reported in: 1998(3)AWC2205; [1999(81)FLR214]
M. Katju, J.1. The petitioner is an employee of U. P. Government and he has prayed that he be retired on attaining the age of 60 years on the basis of the notification issued in respect of the employees of the Central Government. In my opinion, there is no substance in the contention. Merely because the Central Government has raised the age of retirement of its employees to 60 years, it does not mean that the State Government employees are also entitled to continue till 60 years. Unless there is a notification issued by the State Government raising the age of retirement of its employees to 60 years, the petitioner cannot claim the benefit of the increase of age of retirement of Central Government employees. In my opinion, Article 16 of the Constitution has no application.2. However, considering the facts and circumstances of the case, I make a recommendation to the State Government to increase the age of the retirement of State Government employees upto 60 years because in modern times...
Ravindra Nath Pandey Vs. State Transport Appellate Tribunal, Lucknow a ...
Court: Allahabad
Decided on: Oct-08-1998
Reported in: 1998(4)AWC166b
D.K. Seth, J.1. In this petition, it is alleged that in 45 kilometres of route, 36 operators are already operating pursuant to the time table fixed by rotation. Authorities have granted 30 more permits increasing total number of permits to 66. While operating 30 permits in each permit, a condition has been imposed that there should be three trips daily. Mr. A. D. Saunders, learned counsel for the petitioners contends that no time table has been fixed or approved. While granting a permit, it is open to the authority, to approve the time table, whether three trips or four trips can be accommodated, is a question to be gone into by the authority itself while approving the time table having regard to the existing time table of the existing operators. A bare condition without time table that there should be three trips may be in conflict with the existing time table. In view of the matter such a condition, though, is well within the Jurisdiction of the authority to impose while granting the...
Smt. Dharamwati and Others Vs. Special Judge/Additional District Judge ...
Court: Allahabad
Decided on: Oct-07-1998
Reported in: 1999(1)AWC28
J.C. Gupta, J.1. Heard Sri Prakash Krishna petitioner's counsel and Sri. M. K. Gupta appearing for the landlord-caveat or, respondent No, 3.2. The dispute relates to a shop which is in occupation of the petitioner as tenant of respondent No. 3. The shop in question was asked for by the landlord for setting up a separate show room for his younger son Arun Kumar. The landlord came with the case that his elder son Aditya Kumar is carrying on business of sanitary goods in the premises which were previously numbered as shop Nos. 49 and 50. It may be mentioned here that the shop No. 50 was already in occupation of the landlord and shop No. 49 which was in occupation of a tenant was got released for the benefit of Aditya Kumar for carrying on the aforesaid business of sanitary goods and after the said shop was released, the partition wall in between the two shop Nos. 49 and 50 was removed and thereafter the business of sanitary goods by Aditya Kumar is being carried on in the entire premises....
Committee of Management, Barni JaIn Uchchattar Madhyamik Vidyalaya, De ...
Court: Allahabad
Decided on: Oct-07-1998
Reported in: 1999(1)AWC527
Aloke Chakrabarti, J.1. In respect of running the institution concerned, there is a Scheme of Administration duly approved by the Director of Education concerned. After the U. P. Intermediate Education (Amendment) Act, 1980 came into force, the Deputy Director of Education sent show-cause notice stating that the Scheme of Administration of the petitioner'sinstitution is not in conformity with the provisions of the amending Act and the Schedule and, therefore, an amendment was proposed. Thereafter orders dated 3.12.1985 and 15.3.1985 at Annexures-2 and 3 to the writ petition were passed stating that the Committee of Management had not been constituted in accordance with the Amended Scheme of Administration and directing compliance thereof for getting the election completed in accordance with the amended Scheme of Administration and thereafter for not complying with the same, directing appointment of authorised controller. Challenging the aforesaid two orders, this writ petition was file...
Committee of Management, Raja Mohan Girls Degree College, Faizabad and ...
Court: Allahabad
Decided on: Oct-07-1998
Reported in: 1999(2)AWC1283; (1999)1UPLBEC658
S.H.A. Raza, J. 1. The fate of this writ petition hinges on the reply tothe question as to whether the State Government could have taken action under any of the clauses (i), (ii), (iv) and (v) of the U. P. State Universities Act. 1973 (hereinafter called the 'Act') and the State Government has acted within its jurisdiction in appointing authorised controller on the basis of the allegations /charges in the notice.2. Section 57 of the Act reads as under :'57. Power of the State Government to issue notice.--If the State Government receives information in respect of any affiliated or associated college (other than a college maintained exclusively by the State Government or a local authority)- (i) that its Management has persistently committed wilful default in paying the salary of the teachers or other employees of the college by the twentieth day of the month next following the month in respect of which or any part of which it is payable : or (ii) that its Management hasfailed to appoint...
irfan Ahmad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-07-1998
Reported in: 1998(3)AWC2229; [1998(80)FLR859]
Aloke Chakrabarti, J. 1. The Personal Manager of Geep Industrial Syndicate, the respondent No. 5 terminated the services of 33 workmen and the attempt to get the dispute arising therefrom to be referred under the U. P. Industrial Disputes Act, was refused only stating the ground for refusal that the said dispute does not come within the definition of Industrial Disputes Act as per Sections 2 (e) and 2 (z) of U. P. Industrial Disputes Act. Challenging the aforesaid two orders this writ petition was filed.2. Learned counsel for the petitioner contends that the impugned order refusing reference is illegal as the concerned authority entered into the merits of the dispute although he is not entitled to do so. It is contended that under the relevant provisions for, reference under Section 4K of the U. P. Industrial Disputes Act, the authority concerned was only to come to a finding as towhether there was any dispute existing or apprehended and nothing else and therefore the impugned order is...
Balak Singh Kushwaha Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-06-1998
Reported in: 1999(1)AWC252; (1998)3UPLBEC1989
R.R.K. Trivedi, J.1. Dispute in this bunch of cases, consisting of Special Appeals and Writ Petitions, pertains to selection of principals by U. P. Secondary Education Services Commission for various recognised private aided Intermediate College in the State of Uttar Pradesh. On the basis of the challenges raised and the reliefs sought in the cases, they may be put in different groups. The factual matrix of the cases is as under :2. U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) by advertisement dated 13.12.1995 invited applications for the post of Principal of private recognised and aided higher secondary Institutions in the State. In pursuance of the aforesaid advertisement, large number of applications were received by the Commission. The proceedings for selection of Principals with regard to institutions located in different regions of the State were initiated. The Commission finalised the selection, prepared the panel of the selected cand...
Prem Pal Singh Vs. Zila Arth Evam Sankhya Adhikari, Budaun and Others
Court: Allahabad
Decided on: Oct-06-1998
Reported in: 1998(3)AWC2232
D.K. Seth, J.1. On the allegation that the fund in respect of Jawahar Rojgar Yojna was not properly being utilised by the Pradhan, in exercise of the powers under Section 95 of the U. P. Panchayat Raj Act. 1947, the State Government through Block Development Officer, Budaun, had sought to exercise external control in the matter by asking the Pradhan to furnish statement of accounts for the periods 1995-96 and 1996-97 within a stipulated period. But the Pradhan had failed to produce statement of accounts or any other document with regard to the said two financial years. In the circumstances, by an order dated 27.9.1997, the fund under Jawahar Rojgar Yojna in Account No. 6455 was seized so that no further amount could be withdrawn from the said fund. This order has since been challenged in this writ petition by the Pradhan.2. Mr. A. K. Sachan, learned counsel for the petitioner contends that by reason of Section 95 (1) (g), no enquiry could be made against the Pradhan unless the same is ...
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