Allahabad Court November 1998 Judgments
Doodh Nath Pandey Vs. Vice-chancellor of Sampurnanand Sanskrit Vishwav ...
Court: Allahabad
Decided on: Nov-30-1998
Reported in: 1999(1)AWC848; (1999)2UPLBEC1620
D.S. Sinha, J.1. Heard Shri A. N.Singh, learned counsel appearing forthe petitioner and Shri Anil Tewari,learned counsel representing theVice-Chancellor of theSampurnanand SanskritVishwavidyalaya, Varanasi.2. Indisputably, the petitioner is a seniormost teacher of Shri Kuber Nath Sanskrit Mahavidyalaya. KuberNath, Deoria, and in that capacity, he is officiating and acting as Principal of the college as provided in the Statute No. 12.22 of the First Statute of the Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. which is applicable in the case of the petitioner.3. The Statute 12.22 provides that in 'case of office of the Principal of an affiliated college falls vacant, the seniormost teacher of the college shall act as Principal until a duly selected Principal assumes office provided that such teacher shall draw the pay he is entitled to get on the post of the teacher and will not get the pay of the post of Principal during such period.'4. In view of the provisions contained in the Stat...
Tag this Judgment!Smt. Neelam Chaudhari and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-30-1998
Reported in: 1999(2)AWC1345
R. H. Zaidi, J.1. By means of the present petition, under Article 226 of the Constitution of India, petitionerNos. 1 to 7 who claim themselves to be members of the Consolidation Committee of village Akraura, district Bahraich (now district Sharawasti) and petitioner No. 8 the Consolidation Committee Unit Akraura, pray for Issuance of a writ order or direction in the nature of certiorari to quash the order dated 19.9.1998 whereby the request of the petitioners to stop consoltdation proceedings and to conduct the said proceedings afresh has been rejected and for quashing of the whole consolidation proceedings of the said village. Prayer for issuance of a writ In the nature of mandamus directing the respondents not to finalise/confirm the provisional consolidation scheme and to hold consolidation proceedings afresh from very beginning has also been made.2. It appears that the Gram Sabha of village Akraura adopted a resolution on 15.4.1998 to oppose and boycott the consolidation proceeding...
Tag this Judgment!India Literacy Board, Lucknow Vs. Registrar of Firms, Societies and Ch ...
Court: Allahabad
Decided on: Nov-30-1998
Reported in: 1998(4)AWC730
D.P. Mohapatra, C.J. 1. The subject-matter of dispute raised in al! these four cases relates to the Management of India Literacy Board, a society registered under the Societies Registration Act, 1860. Writ Petition No. 2008 (M/S) of 1997 has been filed by India Literacy Board. Kanpur Road. Lucknow, through its Secretary Sri Lalit Mohan Singh against the Registrar of Firms. Societies and Chits, U. P., the Assistant Registrar, Firms, Societies and Chits, the State of U. P. through Secretary Finance Department, Sri G. C. Chaturvedi, the Literacy House Staff Welfare Association, through its Secretary Sri K. G. Singh and the District Magistrate. Lucknow.2. Writ Petition No. 3301 (M/B) of 1997 has been filed by the Literacy House Staff Welfare Association, through its Secretary, Sri K. G. Singh, against the Assistant Registrar, Firms, Societies and Chits, Uttar Pradesh, the State of Uttar Pradesh, through Secretary. Finance Department, Sri G. C. Chaturvedi, the India Literacy Board through i...
Tag this Judgment!Atma Ram Vs. District Judge, Dehradun and Others
Court: Allahabad
Decided on: Nov-30-1998
Reported in: 1998(4)AWC602
ORDERJ.C. Gupta, J. 1. This is tenant's writ petition for issuing a writ of certiorari quashing the orders dated 25.9.1981 and 16.9.1980 passed by respondent Nos. 1 and 2 respectively.2. The predecessor of respondent Nos. 3 to 11 filed suit for eviction of the petitioner in the Court of Judge. Small Causes, Dehradun-respondent No. 2 on the ground of default in payment of arrears of rent alleging that rent from 1.8.1969 to 31.1.1972 amounting to Rs. 210 remained unpaid despite service of notice of demand on the petitioner. The tenancy of the petitioner was also terminated by the same notice. The defence of the petitioner was lhat he has been paying rent to the plaintiff regularly and after the receipt of notice the entire arrears of rent were tendered on three different occasions in the presence of three different witnesses but the landlord refused to accept the same. Ultimately a sum of Rs. 224 (rent for 32 months) was sent on 4.4.1972 through money order but the same was also not acce...
Tag this Judgment!Syed Shujaat Hasan Vs. District Judge, Lakhimpur Kheri and Another
Court: Allahabad
Decided on: Nov-30-1998
Reported in: 1998(4)AWC727; (1999)1UPLBEC785
S.H.A. Raza, J.1. The father of the petitioner, late Sri Syed Shujaat Hasan. who was employed in Lakhimpur Kheri judgeship and was working as Second Clerk there, expired on 9.11.1993. At the time of the death of thefather of the petitioner, he has passed High School examination, only. According to the petitioner, he preferred an application for his appointment on a suitable post on compassionate grounds under the Dying-in-Harness Rules on 3.1.1994. Thereafter he sent reminders on 8.3.1994 and 13.9.1995. In the year 1995, the petitioner passed successfully the examination of Intermediate and again moved an application for his appointment but the District Judge, Kheri, rejected his application. Thereafter, the petitioner who is amongst one of the sons of the deceased invoked the jurisdiction of this Court under Article 226 of the Constitution of India.2. A counter-affidavit has been filed by the Senior Administrative Officer, Civil Court. Lakhimpur Kheri. wherein it has been indicated th...
Tag this Judgment!Mool Chandra Sharma Vs. General Manager, Kisan Sahkari Chini Mills Ltd ...
Court: Allahabad
Decided on: Nov-30-1998
Reported in: [1999(81)FLR288]; (1999)IIILLJ1362All; (1999)1UPLBEC742
D.K. Seth,J.1. By an order dated November 11, 1992 the petitioner's service was dispensed with after holding an enquiry against him on the alleged misconduct levelled through a charge-sheet. The petitioner had preferred an appeal as provided in the relevant standing orders which also stood dismissed. The appeal was preferred pursuant to leave granted by this Court and after the appeal was dismissed, by way of amendment, then said order dated June 27, 1996 has also been challenged in this writ petition.2. Mr. A.K. Misra, learned counsel for the respondents, had raised a preliminary objection about maintainability of the writ petition against a cooperative society when the petitioner was not governed by any statutory rules framed under the U.P. Cooperative Societies Act governing service conditions of the petitioner.3. Mr. Ashok Bhushan, learned counsel for the petitioner in support of his opposition to the preliminary objection had contended that even though the petitioner was not gover...
Tag this Judgment!Rajesh Kumar and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-30-1998
Reported in: (1999)1UPLBEC648
R.R.K. Trivedi, J.1. Special Appeal No. 97 of 1998 filed under Ch. VIII, Rule 5 of the Rules of the Court has been preferred from the order dated 25th March, 1998 by which learned Single Judge held Civil Misc. Writ Petition No. 556 of 1998 not maintainable in Lucknow Bench of this Court. While hearing special appeal on merits, learned Counsel for the parties agreed that the writ petition from which the aforesaid appeal has arisen may also be heard and decided on merits. Thus we have heard Counsel for parties on appeal as well as on the writ petition and both are being decided by the common order.2. The facts, in short, giving rise to dispute are that petitioner No. 1 and other students joined MBBS course in Lala Lajpat Rai Memorial Medical College, Meerut (in short referred to as 'L.L.R.M. Medical College'). It is stated in the writ petition that on account of the delay in conducting C.P.M.T. Examination, the studies of MBBS course of 1992 batch could commence in April, 1993. After com...
Tag this Judgment!Km. Mamta Jauhari Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-27-1998
Reported in: 1999(1)AWC676; (1999)1UPLBEC54
D.S. Sinha, J.1. This Full Bench has been constituted not to resolve any conflict of the decisions, point or points of fact or law. Indeed, the Full Bench is called upon to decide on merits the writ petition of Km. Mamta Jauhari, an erstwhile temporary employee of the State of Uttar Pradesh, serving as District Programme Officer (Woman), wherein legality of the order dated 5th December, 1994, terminating her services, is the subject-matter of challenge.2. Writ petition was presented before the concerned Division Bench on 28th March, 1995. Under the direction of the Bench requisite affidavits were filed by the parties. The petition was heard by the Bench on 3rd July, 1996 and the judgment was reserved.3. On 4th November, 1996 two separate well considered judgments and final orders of the learned Judges constituting the Bench were pronounced, signed and sealed in the open Court.4. One final order reads thus :'In the result, this writ petition succeeds and is allowed. The impugned order d...
Tag this Judgment!Gopal Dubey Vs. District Inspector of Schools, Maharajgani and Another
Court: Allahabad
Decided on: Nov-27-1998
Reported in: 1999(2)AWC962; (1999)1UPLBEC1
D.P. Mohapatra, C.J.1. Facedwith two Division Bench cases of this Court giving conflicting decisions, the learned single Judge by an orderdated 16.10.1996 referred the case for decision by a larger Bench so that the difference can be resolved and the question settled by an authoritative pronouncement of the Court.2. In Karunapati Misra v. District Inspector of Schools, Jaunpur and others, 1986 UPLBEC 172, it has been held that the Board of High School and Intermediate Education. U. P. (hereinafter referred to as the Board) has granted recognition for a particular subject, it has to be assumed that the College can appoint a Lecturer in that subject. On the other hand, in Mahipal Singh Pawar v. State of U. P., (1992) 2 UPLBEC 1497, it has been held that it is the sole domain of the Director of Education to sanction and create posts of teachers and other staff as provided under Section 9 of the U. P. High Schools and intermediate Colleges (Payment of Salaries of Teachers and other Employe...
Tag this Judgment!D.C.M. Shriram Industries Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-27-1998
Reported in: 1999(2)AWC1221; [1999(81)FLR211]
Aloke Chakrabarti, J.1. The employer filed an application in the adjudication proceeding pending before the Labour Court upon a reference of a dispute arising out of termination of the workman concerned in a disciplinary proceeding praying for deciding the additional issue as to whether the domestic enquiry held was valid and proper as a preliminary issue. By the Impugned order, the said prayer was rejected by the Labour Court and challenging the same this writ petition was filed.2. Ms. Bharti Sapru, learned counsel for the petitioner-employer relied on the judgments in the case of M/s. D.C.M. Shriram Industries Ltd. v. State of U. P. and others. 1996 (72) FLR 713 ; Star Paper Mills Ltd., Saharanpw v. Presiding Officer and others, 1987 (55) FLR 634 and Cooper Engineering Ltd, v. P. P. Mundhe, 1975 (31) FLR 188. Reference was also made to the judgment of the Full Bench in the case of M/s. Swarup Vegetable Products Industries Ltd. v. Labour Court IInd, Meerut and others, 1997 (77) FLR 54...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »