Allahabad Court July 1998 Judgments
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Rohit Kumar Nishad Vs. Transport Commissioner, Lucknow and Others
Court: Allahabad
Decided on: Jul-29-1998
Reported in: 1998(4)AWC284
D. K. Seth, J.1.The petitioner was engaged on a class IV post in the transport department. Subsequently, pursuant to the provisions of U. P. Transport Department Enforcement Staff (Group 'D') Service Rules, 1979, a selection was held for promotion of Group 'D' staff to the post of enforcement constables sometimes in 1985. In the said selection, the petitioner was selected and was placed at serial No. 5 of the list on the basis of seniority along with one Kamta Prasad, who was placed at serial No. 1 of the said list. In the said list, the place of appointment was also indicated. According to the petitioner, the appointment was effected by a letter dated 28th May. 1985. Subsequently, by an order dated 25.6.1985, the petitioner was reverted along with said Kamta Prasad on the alleged ground that at Allahabad the post of enforcement constable was already filled up. Therefore, it was assured that separate orders would be passed in respect of the petitioner which is contained in Annexure-3. ...
Shri Ram Singh Vs. State of U. P. and Others
Court: Allahabad
Decided on: Jul-29-1998
Reported in: 1998(4)AWC298
I. P. Vasishth, J.1.The petitioner prays for a writ of certiorari for quashing the radiogram dated 7.4.1981 (Annexure-1) issued by the respondent--State of Uttar Pradesh freezing the new appointment of teachers including Head Masters under the U. P. Intermediate Education Act, 1921. 2. The propagation ts that in response to a public advertisement issued by the District Inspector of Schools. Unnao, the petitioner applied for the post of Head Master of Nehru Higher Secondary School, Paharpur Subas, Unnao. On being called for interview, he appeared before the selection committee comprising of the President of the institution, one of the nominee of its managing committee and three experts nominated by the Regional Deputy Director of Education on 12.4.1981. The petitioner states that he was selected and the managing committee transmitted the minutes of the selection committee along with its own resolution to the District Inspector of Schools for according sanction to his appointment on 18.4...
Lakshmi Shanker Vs. State of U.P.
Court: Allahabad
Decided on: Jul-29-1998
Reported in: 1999CriLJ690
ORDERS.K. Phaujdar, J.1. The matter was heard on 22-7-98 and orders were recorded on 27-7-98. Unfortunately, records were not made available to me prior to that and, as such, an order was passed on 27-7-98 indicating that orders will be recorded today (29-7-98).2. The present application under Section 482, Cr.P.C. was filed for quashing an order dated 21-2-98 recorded in S.T. No. 34 of 1990, whereby the learned Sessions Judge had directed, examination of a police officer and a doctor upon an application of the prosecution. A two-fold objection was taken against that order stating that a prayer of the prosecution itself for re-examination of this Police Officer and Doctor and for production of certain papers was rejected by this very Sessions Judge by his order dated 3-2-98 and it was not open for the Sessions Judge to have revised/reviewed his order. It was further contended that there were no good reasons for recording such an order.3. When the application was filed before this Court ...
Janardan Mall Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-28-1998
Reported in: 1998(3)AWC2145
D.K. Seth, J. 1. By an order dated 12th March. 1979 petitioner was promoted to the post of lecturer in Psychology on ad hoc basis In the pay scale of Rs. 300-550 ; but in the said order, it was specified that according to the Government Order, petitioner, whose name figuring at Serial No. 4 would be paid the scale of L.T. grade teacher. This order Annexure-I to the writ petition has since been challenged by Mr. A. N. Tripathi. According to him, in Government Order dated 10.3.1971 by clause (4) it was specified that only those persons having the post-graduate degree in the subject, which they are teaching would be entitled to the lecturer grade and all others shall be entitled to L.T. grade though teaching classes XI and XII. According to him, this clause conflicts with the qualifications prescribed in the regulation framed under the U. P. Intermediate Education Act, 1921. Sl. No. 19 prescribes the qualifications of the teachers for Intermediate, either M.A. (Psychology) or M.Ed. Theref...
Abu Zaid (Minor) and Another Vs. Principal, Madrasa-tul-islah Saraimir ...
Court: Allahabad
Decided on: Jul-28-1998
Reported in: 1998(3)AWC2257
O. P. Garg, J.1. By means of this writ petition under Article 226 of the Constitution of India, it is prayed that the respondents be commanded to permit the petitioners to pursue their studies in their respective classes as per their entitlement in the same manner as in the case of other scholars.2. Counter-affidavit has been filed. Sri J. J. Munir states that he does not want to file any rejoinder-affidavit and the case be taken up for hearing. Learned counsel for the parties are prepared to make their submissions right now.3. Heard Sri J. J. Munir, learned counsel for the petitioners and Sri Faheem Ahmad for the respondents.4. Madarasa-Tul-Islah Saraimir, Azamgarh is an institution imparting education to scholars in Arabic language. It is duly recognised by the State Government though it is not aided. The institution is managed by a society registered under the Societies Registration Act, 1860 and has its own approved bye-laws and scheme of administration.5. Abu Zaid, minor is a stud...
Shambhu Nath Srivastava Vs. Smt. Sandhya Rani Srivastava, Chairman, Na ...
Court: Allahabad
Decided on: Jul-28-1998
Reported in: 1998(4)AWC282
Sudhir Narain, J.1. This writ petition is directed against the order dated 13.12.1995 passed by respondent No. 1 retiring the petitioner compulsorily. 2. The facts, in brief, are that the petitioner was appointed on the post of Store Keeper in Nagar Palika, Jaunpur on 16.11.1968. He was confirmed in the service on 18.12.1969. The petitioner was later on attached with Shahganj Nagar Palika on 9.5.1995. There has been litigation between the petitioner and the Nagar Palika. The order of suspension was passed against the petitioner on 6.1.1975. The petitioner filed Civil Suit No. 99 of 1975 for injunction in which an interim order was granted on 8.2.1975 against which the Nagar Palika, Jaunpur, filed appeal which stood abated under Section 6 of U. P. Public Services Tribunal Act and the appeal stood transferred to the Tribunal. The said appeal was decided on merits on 11.7.1977 and was dismissed. The petitioner was not paid the amount for the period he remained under suspension. He filed C...
Smt. Sunita Singh Vs. Raj Bahadur Singh and Another
Court: Allahabad
Decided on: Jul-28-1998
Reported in: 1998(4)AWC386; II(1998)DMC496
R.K. Mahajan, J. 1. This is an appeal under Section 19 of the Family Court Act, 1984 (hereinafter referred to as the Act] challenging the judgment and -decree dated 20.1.1997 passed by Shri B. D. S. Srivastava. Family Court Judge, Varanasi, allowing Family Court Petition No. 348 of 1995 (filed under Section 13 of the Hindu Marriage Act) and for dismissing the aforesaid Divorce Petition with costs.2. This is an unfortunate matrimonial case. The marriage was solemnized according to Hindu rites and ceremonies on 18.5.1994. The appellant-wife immediately went to her matrimonial house and according to her case, she returned on 21.5.1994 to her parental home where she stayed for some time and again went back on 7.12.1994 to her matrimonial house. There is an allegation that thereafter the husband and members of the family of the husband started torturing her demanding more dowry and they sent the appellant-wife to the parental home on 12.12.1994.3. The version of the husband-respondent, howe...
Dr. Sudhakar Malviya and Others Vs. Banaras Hindu University and Other ...
Court: Allahabad
Decided on: Jul-28-1998
Reported in: 1998(4)AWC266; (1998)3UPLBEC1713
R.K. Mahajan, J.1. This writ petition raises interesting question as the petitioner's grievance is that they were though recruited as Research Assistants in different branches of the University on various dates between 1963 and 1982 as mentioned in Annexure-1 but in actual practice after certain lapse of time, they have been working as Lecturers teaching the students, sharing the burden/load of teaching and still the respondents have not declared them as teachers to get pay scale of Rs. 700-1,600 w.e.f. 1.1.1973. Their further grievance is that demonstrators, tutors and persons of other categories have been declared by the respondent as teachers within the definition of Section 2 (i) of Banaras Hindu University Act, 1915. Their third grievance is that in Appendix-V which deals of scale of pay of various categories of staff of Banaras Hindu University teaching the staff only deals with categories of Professor. Reader, Lecturer, Instructors, Physical Instructors have been declared teache...
Girish Chandra Gupta and Another Vs. Gambhir Mal Pandya (P.) Ltd. Co., ...
Court: Allahabad
Decided on: Jul-28-1998
Reported in: 1998(4)AWC290
O. P. Garg, J.1.This revision petition is directed against order dated 4.8.1992 passed by Civil Judge. Agra in Misc. Case No. 197 of 1984 arising out of Original Suit No. 76 of 1949 whereby an application. 4C. filed by M/s. Gambhir Mal Pandya Pvt. Ltd. Co., was allowed and it was directed that the present two revisionists, who are real brothers and sons of late Hari Kishan Gupta shall hand over vacant possession of the premises in dispute.2. Heard Sri S. K. Mehrotra, learned counsel for the revisionists and Sri Swami Dayal, learned counsel for the respondent, at considerable length.3. The dispute relates to John Mills' bungalow No. 1. bearing municipal number 21/5. Jeoni Mandi. Agra, which was given in occupation and possession of late Hari Kishan Gupta, father of the present revisionists with the permission of the Court by the receiver appointed in Suit No. 76 of 1949. The licence was granted in favour of late Hari Kishan Gupta on 17.7.1967 for a specific period of two years. A docume...
Harish Singh Mehta Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Jul-28-1998
Reported in: (1999)2UPLBEC866
D.P. Mohapatra, C.J. and R.R.K. Trivedi, J.1. The petitioner being aggrieved by the order dated 7.7.1998 of Civil Misc. writ petition No. 21366 of 1998 in which the learned Single Judge summarily dismissed the writ petition with the observation that there is nothing to show that the petitioner has been selected, filed this appeal assailing the said order.2. On perusal of the record and on consideration of the submissions made by Sri V.K. Shukla.., we do not find any good ground to interfere with the impugned order. We make it clear that the dismissal of the Writ Petition will not prevent respondent No. 2. Director, Sub-Intelligence Bureau, U.P. (Government of India), Lucknow to dispose of appellant's representation dated 7.4.1998 (Annexure-1), if the same has not already been disposed of.3. With the above observation, the appeal is disposed. of finally...
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