Allahabad Court December 1998 Judgments
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Ramji Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-15-1998
Reported in: (1999)2UPLBEC947
D.K. Seth, J.1. By means of present Writ Petition, the petitioner has sought to correct the date of birth recorded in his service book as on 4-7-1937 instead of 1-7-1934 as recorded in his service book, on the basis of High School certificate, which is Annexure-1 to the Writ Petition.2. In the Writ Petition, the petitioner has described himself as son of Jai Murti Singh. On the basis of this High School Certificate (Annexure-1), the petitioner had obtained an interim order to the extent that until ordered otherwise of the date on which the petitioner attains the age of superannuation, to be computed on the basis of date of birth given in the High School Certificate of the petitioner, whichever is earlier, the petitioner shall not be retired and shall be entitled to all the benefits of employment.3. Mr. Ajay Bhanot, learned Brief Holder for the State relying on the statements made in Paragraphs 5 & 15 of the counter-affidavit, contends that the petitioner having applied for correction i...
State of U.P. Vs. Bhagat Singh and ors.
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1999CriLJ2333
K.D. Shahi, J.1. This Government Appeal has been preferred against the judgment and order dated 13th June, 1980 passed by Shri R. N. Sharma, the then 1st Additional Sessions Judge Nainital, whereby the learned Sessions Judge acquitted accused Kulwant Singh and Pappu alias Komal Singh of the charges under Section 307/ 34 IPC and accused Bhagat Singh of the charge under Section 307 IPC.2. In brief the facts of the case are that Jogendra Singh, the complainant lodged First Information Report at police station Jaspur, district Nainital on 20th July, 1978 at 16.00 p.m. with the allegations that he and his brother Mahendra Singh arc resident of village Khalipar and they have taken the land of Sardar Jag Singh son of Sadhu Singh on Theka. Jag Singh is in military force. Accused Bhagat Singh is real brother of Jag Singh. Bhagat Singh has two sons, namely, Kulwant Singh and Pappu. The accused bore enmity due to taking of land of Jag Singh on Theka by the complainant and they used to damage the ...
Nathi Lal Vs. Iiird Addl. District Judge, Agra and Others
Court: Allahabad
Decided on: Dec-14-1998
Reported in: 1999(1)AWC849
Sudhir Narain, J.1. This writ petition is directed against the order dated 23.7.1986 passed by the Judge Small Causes Court decreeing the suit for recovery of arrears of rent, ejectment and damages filed by Agra University, Agra, respondent No. 3 against the petitioner and the order of the revisional authority dated 26.8.1997 affirming the said order in revision.2. Briefly stated, the facts are that the petitioner is a tenant of the premises owned by Agra University, Agra, respondent No. 3. Respondent No. 3 filed Suit No. 1220 of 1982 against the petitioner for recovery of arrears of rent, ejectment and damages, on the allegation that he was tenant on monthly rent of Rs. 1.87 paise. He failed to pay the rent since 1.4.1968. A notice demanding arrears of rent and terminating his tenancy was sent to him on 11.10.1982. The defendant-petitioner failed to comply with the notice. It was further stated that the building in question belongs to the University and, as such, is exempted from the ...
Bishan Chand and Others Vs. District Judge, Aligarh and Others
Court: Allahabad
Decided on: Dec-14-1998
Reported in: 1999(2)AWC984
J.C. Gupta, J.1. This is landlord'spetition.2. The dispute relates to House No. 9/49 situated in Ahata Nidhan Singh, Talab Sabir Khan, Aligarh, whose previous owner was one Smt. Pratlbha Rani before the said properly was purchased by the petitioners through registered sale deed dated 4.11.1981.3. Smt. Pratlbha Rani filed S.C.C. Suit No. 876 of 1972 against her tenant Narendra Kumar alleging that the tenant has sub-let the house to Ram Kishore Gupta, the father of respondent No. 3 and husband of respondent No. 4. Ram Kishore Gupta who was impleaded as defendant No. 2 in the said suit filed written statement admitting the ownership of Smt. Pratibha Rani. However, his defence was that the house in question was taken on rent on behalf of joint Hindu family and he being a member of the family also became a tenant of the plaintiff Smt. Pratibha Rani and, therefore, there has been no sub-letting and suit for eviction was liable to be dismissed.4. During the pendency of the aforesaid suit, the...
Mithilesh Kumar Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-14-1998
Reported in: 1999(2)AWC1128A
D. K. Seth, J.1. The petitioner is claiming for appointment pursuant tothe Government Order dated 29.2.1996 and 28.12.1973. The petitioner had applied for such appointment for the first time on 17.2.1998, whereas the land was acquired in 1982. The petitioner has alleged that he was born on 1.7.1978, therefore, on the date of acquisition of land, the petitioner was four years old. Since his case was not acceded to the petitioner had moved a Writ Petition No. 7693 of 1998 which was disposed of on 5.3.1998 by directing the respondents to consider the petitioner's case in terms of the Government Order. Pursuant thereto, the petitioner's case was considered by order dated 14.5.1998 being Annexure-4 to the writ petition. The said order is supported by reason to the extent that the land was acquired in 1982 when the petitioner was minor having born on 1.7.1978 and had applied for the post only on 17.2.1998.2. The said Government Order was in existence since 1973 as indicated above but no appl...
Km. Grih Lakshmi Srivastava Vs. Director/Chief Engineer, R.E.S., Luckn ...
Court: Allahabad
Decided on: Dec-14-1998
Reported in: 1999(2)AWC1344; [1999(81)FLR215]
D. K. Seth, J.1. The petitioner alleges to have been appointed on work charge daily wage basis in the post of Typist in the Department since June. 1994. The petitioner alleges she is still working. By means of this writ petition, she has claimed for regularisation and payment of salary which has not been paid. Mr. H. P. Mishra, learned counsel for the petitioner contends that since the petitioner had been working continuously, she has acquired right to be considered for regularisation and payment of salary in lieu of her service rendered in the department.2. Mr. K. R. Singh, learned standing counsel, on the other hand, contends that the petitioner being a work charge daily wage labour has no right to the post, therefore, she cannot claim any right to be regularised. However, he very fairly concedes that if the petitioner had been working, she would be eligible to receive salary for the work done by her. The Government cannot exploit any one and obtain work from a person without making ...
Raj Kumar Singh and Another Vs. District Inspector of Schools, Azamgar ...
Court: Allahabad
Decided on: Dec-11-1998
Reported in: 1998(4)AWC655
D.K. Seth, J.1. By an order dated 3rd November. 1997, prior approval was accorded for filling up the two posts of Assistant Clerks and four posts ofPeons. Accordingly, petitioners No. 1 and 2 were appointed on the posts of Peons. By an order dated 16th December, 1997, the financial approval was accorded to the appointments of the petitioners from the date of their finding which is apparent from Annexure 6 to the writ petition.2. Mr. V. K. Singh, learned counsel for the petitioners contends that despite these two orders, the petitioners are not being paid their salaries.3. Mr. K. R. Singh, learned. Standing Counsel contends that said appointments could not be made without prior a proval in view of Regulation 101. Chapter III of the Regulations framed under the U. P. Intermediate Education Act, 1921. in the present case, prior approval to the appointment having not been granted, there is no scope for payment of salary.4. I have heard both Mr. V. K. Singh and Mr. K. R. Singh at length.5. ...
AnuddIn Shah and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-11-1998
Reported in: 1998(4)AWC674
Binod Kumar Roy and Ram Kishore Singh, JJ.1. The prayer of the petitioner is to quash the various orders dated 5.12.91. 21.12.91, 19.2.92 without appending any copy thereof and 6.5.92 as contained in Annexure-7 and to command the Respondents to regularly supply quota of foodgrains and all essential articles to them from month to month in respect of their fair price shops.2. It appears that the petitioners are fair price shop owners. It further appears from the order dated 6.5.92 of the District Supply Officer. Aligarh. as contained in Annexure-7 that the contract in favour of the petitioners was cancelled on the report of Screening Committee which reported their shops to be unsuitable vuqi;qDr. 3. Sri B. B. Paul, learned counsel appearing in support of this writ petition, contended that in view of the Division Bench decision of this Court in Lt. P. Sasta Galla Vikreta Parishad v. State of U. P., Writ Petition No. 1086 (BB) of 1992, dated 27.3.1992 principle of natural justice were viol...
Johri Mal Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-11-1998
Reported in: 1998(4)AWC592
M. Katju, J.1.Heard learned counsel for the petitioner and learned standing counsel. The petitioner has prayed for quashing of the impugned order dated 18.9.98 (Annexure-8 to the writ petition) and for the renewal of his term as D.G.C. (Criminal) in district Meerut.2. In this case on 26.10.98 learned standing counsel was granted one month's time to file a counter-affidavit, but no counter-affidavit has been filed so far. Hence we are treating the allegation in this petition to be correct.3. The petitioner has stated that he was selected and placed in the panel of Panel Lawyer (Criminal) on 6.12.78 and remained in the panel for 5 years and thereafter by order dated 7.1.83 the respondent No. 1 the State of U. P. appointed the petitioner as Additional D.G.C. (Criminal) for one year, A true copy of the order dated 7.1.83 has been annexed as Annexure-1 to the petition. The petitioner's term was regularly renewed from time to time. Subsequently on superannuation of one Kripal Singh D.G.C. (C...
Krishna Kumar (Decd.) Through L.Rs. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-11-1998
Reported in: 1998(4)AWC595; (1999)IILLJ415All
R.K. Singh, J. 1. Through this writ petition the petitioner, Krishna Kumar who retired as Deputy Excise Commissioner, has challenged the order dated 3.11.1995, (as contained in Annexure-6 to the writ petition) deducting Rs. 1,66.580 from his gratuity amount and deducting 10% of the pension admissible to him and has prayed for issuance of direction restoring all benefits of service to him and for releasing his gratuity amount forthwith.2. The petitioner was served with a charge-sheet on 30.5.1991 alleging that due to his negligence and misconduct, the Government suffered a loss of Rs. 40,780 in the financial year 1983-84 while he was posted at Deoria and further loss of Rs. 1,25,800 while he was posted at Allahabad. The Joint Excise Commissioner who was appointed enquiry officer to enquire into the charges, conducted enquiry and submitted his report on 30.12.1991, as contained in Annexure-5 to the writ petition, suggesting to be discharged of the allegations. The Controlling Officer exa...
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