Allahabad Court August 1998 Judgments

Govindpur Colony Kalyan Samiti, Alahabad and Another Vs. Allahabad Dev ...

Court: Allahabad

Reported in: 1999(1)AWC288; (1999)1UPLBEC195

Binod Kumar Roy and R.K. Mahajan, JJ.1. Petitioners, who are registered societies, through their respective Presidents have come up to this Court praying to quash the notice dated 17.9.90 as contained in Annexure-1. Their further prayer is to command the respondents not to realise from the members of petitioner No. 2 the cost of M.I.G. flats allotted to them more than Rs. 82,558 and fix the instalments accordingly.2. Annexure-1, contains letter dated 17.9.90 of the Secretary of the Allahabad Development Authority in regard to final costing of the Middle Income Group Houses constructed in Govindpur Avas Yojna stating that the estimated costs of the house was Rs. 87.558 but on final costing its cost has been fixed at Rs. 93,500 and therefore, follow up action be done by the notices.3. Dr. Padia, learned counsel appearing on behalf of the petitioners, contended that the cost has been arbitrarily increased by the Allahabad Development Authority and thereby the desired reliefs be granted.4....

Arvind Sahai Vs. State of U.P. and Another

Court: Allahabad

Reported in: 1999(1)AWC546; [1999(81)FLR80]

Brijesh Kumar, J.1. Since the abovenoted two writ petitions relate to the same petitioner and the same subject-matter, i.e.. consequential benefits on account of holding the promotion post for a long period, hence, we have heard the petitions together which are disposed of by this order.2. We have heard learned counsel for the petitioner and the learned State counsel.3. The brief facts are that the petitioner was appointed as Assistant Director. State Museum, Lucknow in the year. 1962 and was confirmed on the said post on 1.4.1971. In the year. 1985, a post of Programme Executive was sanctioned by the Government in the Directorate of Culture. Petitioner was appointed on the said post on ad hoc basis by means of the order dated 26.8.1985. a copy of which has been filed as Annexure-2 to the writ petition. This order shows that the petitioner was appointed on a newly created post of Programme Executive in the pay-scale of Rs. 850-40-1.050-EB-50-1,300-60-1.420-EB-60-1.720. The appointment ...

Mohinder Singh and Another Vs. Vith Addl. District Judge, Meerut and O ...

Court: Allahabad

Reported in: 1998(3)AWC2388

J.C. Gupta, J. 1. Heard parties' counsel.2. This is tenants' writ petition directed against the order dated 5.9.1983 passed by respondent No. 1 whereby the appeal filed by the landlord was allowed.3. The dispute relates to a residential house which was in the tenancy of the petitioners' father and another tenant Ram Chander. The accommodation which was in occupation of Luxman Singh, the father of the petitioners, consisted of two rooms and one kitchen in the ground floor while the accommodation in possession of another tenant Ram Chander consisted of one room and one tin-shed in the first floor. The landlord filed an application for release under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 for the release of the entire house which was in occupation of the aforesaid two tenants on the ground that since a partition has taken place amongst the co-sharers of the joint family and the house in question having fallen in the exclusive share of the landlords, they have no other accommoda...

Yashwant Upadhya Vs. Excise Commissioner, Allahabad and Another

Court: Allahabad

Reported in: 1998(4)AWC194

D.K. Seth, J. 1. Thirty posts were sought to be filled up pursuant to the Notification dated 7.5.83. The petitioner was selected and placed in the list of Selection Committee at Serial No. 17. Admittedly, 25% of the posts were reserved for Scheduled Caste, 15% for other backward community and 3% for Political sufferers. Thus, a total reservation worked out to 43% while calculating the said percentage on the basis of the said Notification against 30 posts, the Scheduled Caste works out to 7.5, for other backward community 4.5 and that of political sufferers 0.9. The respondents had calculated 7.5 as 8, 4.5 as 5 and 0.9 as one and thus out of total number of posts, 14 candidates, namely, 8 from Scheduled Caste. 5 from backward ' community and one from Political sufferers, were adjusted against reserved category, while 16 candidates were appointed against the general category. This has been challenged in this writ petition by Mr. Sudhir Agrawal, learned counsel for the petitioner. Accordi...

Committee of Management, Arya Kanya Pathshala Intermediate College, Lu ...

Court: Allahabad

Reported in: 1998(4)AWC679; [1999(82)FLR179]

R.H. Zaldi, J. 1. By means of this petition under Article 226 of the Constitution of India, petitioner, the Committee of Management Arya Kanya Pathshala Intermediate College. Badshahnagar. Lucknow, prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 22.5.1982 passed by Regional Inspectress of Girls Schools. VIth Region. Lucknow, the resolution of Committee of Management to terminate the services of respondent No. 5, the order dated 11.2.1984 passed by Joint Director of Education Government of U. P., Allahabad, dismissing the appeal filed by the petitioner against the order dated 22.5.1982 under Section 16G of the U. P. Intermediate Education Act (for short the 'Act') and the consequential orders dated 1.3.1984 and 20.3.1984 contained in Annexures-31 and 32 to the writ petition, passed by respondent No. 2.2. Facts of the case as borne out from the record of the case are that respondent No. 5 was appointed as C.T Grade (P.T.) teacher in t...

Fortis Financial Services Ltd. Vs. K.H.S.L. Industries Ltd.

Court: Allahabad

Reported in: [1999]95CompCas622(All)

A.K. Banerji, J. 1. By means of the aforesaid petition filed under Sections 433(e) and 434 of the Companies Act, 1956 ('the Act' in short), Fortis Financial Services Limited ('the petitioner' in short) has sought the winding up of the company, K.H.S..L. Industries Limited, having its registered office at Somdutt Plaza, The Mall, Kanpur (respondent-company) on the ground that the said respondent is indebted to the petitioner and having failed to pay the dues of the petitioner despite receipt of the statutory notice, shall be deemed to be unable to pay its debts and, consequently, wound up. 2. On April 22, 1997, this court issued notice to the respondent-company to show cause why this petition may not be admitted and advertised. In response to the said notice, the respondent-company entered appearance and filed a counter-affidavit (A-7). It has also filed an application stating that the winding up petition be dismissed in view of the preliminary objection raised by the respondent. A rejo...

Mohammad Zahoor Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Allahabad

1. This is an application filed under Section 19 of the Administrative Tribunals Act, 1985 for direction to the respondents to fix the pay of the applicant in equivalent post of Grade after medical leave decategorised adding 30% of pay, as the applicant is a running staff with consequential benefits of including arrears of pay etc.2. There is no dispute between the parties in respect of the fact that the applicant entered in Railway Service on 30.10.56 as a cleaner, during the course of time promoted as Electric Shunter in the year, 1975, he was injured in July, 1980, after medical treatment he was medically decategorised on 19.9.81 and declared fit in C 1 and below, he was absorbed as clerk in the grade of Rs. 260-400, before decategorisation he was working in the pay scale of Rs. 290-400 and he was amongst the running staff, his pay was fixed after decategorisation at Rs. 400/-. The applicant filed O.A. No. 213/90 which was decided on 30.7.92. In reply to the said O.A. in para 6 of ...

General Manager, U.P. State Cement Corpn., Ltd. Vs. Smt. Singari Devi ...

Court: Allahabad

Reported in: 1999(1)AWC110; [1998(80)FLR845]

D.K. Seth, J. 1. The award dated 28.11.1996 passed in case No. A/94 by the Controlling Authority under the Payment of Gratuity Act. 1972, allowing the gratuity to the workman and the order dated 29.6.1998 passed by the appellate authority under the Payment of Gratuity Act. 1972. In Appeal No. 12 of 1997 are under challenge in this writ petition.2. Mr. Shiv Nath Singh, learned counsel for the petitioner contends that the workman having not been worked for continuously for five years, he is not eligible for gratuity under Section 4 of the said Act. According to him the workman was a casual employee and he was never worked for 240 days in a year.3. This point was urged before the controlling authority as well as the appellate authority. Both the authorities had disbelieved the case of the petitioner and had concurrently come to a finding that the workman was employed for long period of 20 years and that he has satisfied the test of continuous five years service for the purpose of being el...

Krishak Shiksha Pracharini Sabha and Another Vs. Registrar, Firms, Soc ...

Court: Allahabad

Reported in: 1999(1)AWC284

O.P. Garg, J. 1. The dispute in these two writ petitions pertains to the constitution/substitution and recognition of a society registered under the Societies Registration Act, which runs S. G. M. Inter College at Khairgarh. in district Firozabad. Sri H. N. Singh, appearing on behalf of the respondents urged that since both the writ petitions particularly the older one No. 6609 of 1994 have become infructuous. they may be dismissed. This submission was repelled by Sri Neeraj Upadhyaya. Advocate, appearing on behalf of the petitioners. Since common questions of facts and law are involved in both the writ petitions, it is found feasible to decide them finally on merits by this common judgment.2. A society, with the name of Mathur Vaishya Siksha Pracharini Sabha (for short 'Mathur Sabha') Khairgarh in district Mainpuri, which area now falls in district Firozabad, was registered under the Societies Registration Act on 16.9.1966. Bye-laws of the aforesaid society are contained in Annexure-C...

Kailash Chandra and Another Vs. Iiird Additional District Judge, Jalau ...

Court: Allahabad

Reported in: 1999(1)AWC302

J. C. Gupta, J.1. This is tenants writ petition directed against the judgment and order dated 17.5.1980 passed by respondent No. I in the revision filed by respondent Nos. 2 and 3 whereby revision was allowed and the judgment and decree dated 30.10.78 passed by the Judge. Small Cause Court in S.C.C. Suit No. 17/76 has been set aside and the suit for eviction of the petitioners from the shop in question has been decreed.2. The dispute relates to a shop detailed at the fool of the plaint filed by respondent Nos. 2 and 3 against the petitioners. The suit was filed with the allegations that the defendants were defaulter in payment of rent and they had paid rent at the rate of Rs. 18 per month upto 31.5.71 only and rent from 1.6.71 was not paid despite several demands, hence the plaintiff served the defendants with a notice of demand and eviction. After the expiry of the notice period the suit for the recovery of rent from 15.12.1973 to 4.1.1975 amounting to Rs. 443.50 p. and for mesne prof...