Allahabad Court September 1998 Judgments
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Committee of Management, Shri Shivaji National Inter College, Hansipur ...
Court: Allahabad
Decided on: Sep-18-1998
Reported in: 1998(4)AWC515; (1999)1UPLBEC323
D.K. Seth, J.1. The order suspending the petitioners having since been refused to be approved by the District Inspector of Schools by an order dated 2nd June, 1998, pursuant to the direction contained in the order dated 6th February, 1998, passed in Writ Petition No. 4329 of 1998 by this Court, has since been challenged in this writ petition. Mr. Arun Tandon, learned counsel for the petitioners submits that while disapproving the order of suspension by the school authority, the District Inspector of Schools has over-stepped the limit of Jurisdiction conferred on him under Section 16G (7) of the U. P. Intermediate Education Act, 1921, in that he had asked for a reply from the delinquent and had examined the evidence that might be put forth in defence as well as the materials produced by the Committee of Management and had come to a conclusion that the charges could not be proved or established and as such, he has refused to approve. Therefore, according to him. the order is wholly witho...
Shyam NaraIn Dwivedi Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Sep-18-1998
Reported in: (1999)1UPLBEC513
D.K. Seth, J.1. Mr Yatindra Singh, learned Addl. Advocate General appearing on behalf of Respondent Nos. 1 & 2 assisted by Mr K.R. Singh, learned Standing Counsel, raises a preliminary objection as to maintainability of the writ petition on the ground that petitioner's Writ Petition No. 42253 of 1993 filed on the same cause of action for the same relief having been dismissed as withdrawn, the petitioner is not entitled to maintain a second writ petition Mr S.P. Gupta, however, had opposed the said contention and pointed out that earlier writ petition having been dismissed as withdrawn at that stage, the same will not affect maintainability of this writ petition.2. Both the learned Counsel had, however, addressed the Court on merits of the case with regard to fixation of seniority between the petitioner, a direct recruit alleging to be of the same year above the regularised candidates. Since a preliminary objection has been mised, before entering into merits of the case, let us examine ...
Arun Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(1)AWC72
D. K. Seth, J.1. The petitioner was transferred along with several other persons by the order dated 7th June, 1997 from Junior High School. Bharthana to Junior High School, Amthari (Thakha). By the same order respondent No. 6 was transferred from Junior High School, Hathanauli to Junior High School. Bharthana. Thus, it appears that the respondent No. 6 was transferred to the place from where the petitioner was transferred. This order of transfer waschallenged by the petitioner by means of Civil Misc. Writ Petition No. 31080 of 1997. which has since been disposed of on 22nd of September. 1997. Pursuant to the order dated 22nd of September, 1997 passed in the said writ petition the petitioner had made a representation. By the order dated 29th of April, 1998 the said representation was allowed. The order of transfer was set aside by the Secretary, U. P. Basic Shlksha Parishad. Allahabad. The cancellation of the order of transfer was passed on two grounds. The first is that the petitioner ...
Phoola Devi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(1)AWC179; [1998(80)FLR884]
M. Katju, J. 1. Heard learned counsel for the petitioner, Sri Faujdar Rai for respondent No. 4 and learned standing counsel.2. The petitioner has challenged the impugned order dated 24.8.1998 Annexure-2 to the writ petition. The said order states that the U. P. State Education Minister (Basic) by his order dated 19.8.1998 has directed the cancellation of the petitioner's transfer order.3. A large number of petitions are being filed in this Court relating to transfer or transfer cancellation orders, and in many of them, the impugned order blatantly states that the order is being passed at the Instance of a Minister or an M.L.A. of the ruling party.4. This Court has repeatedly held in a series of decisions that a Minister, M.L.A. or politician cannot direct transfer and posting, and this can only be done by the competent officer of the department concerned. Thus, in Sheo Kumar Sharma v. Basic Shiksha Adhikari, 1991 (1) UPLBEC 690, this Court observed :'It is regretted that a Minister sho...
Girdhari Lal Vs. Ist Addl. District Judge, Agra and Another
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(1)AWC633
J.C. Gupta, J.1. This is tenant's writ petition.2. The dispute relates to Shop No. 10/2. Baldeo Road. Tundla, district Firozabad. The landlord-respondent No. 2 filed suit for rent and ejectment against the petitioner and the same was decreed ex parte after treating the service of summons by publication in newspaper as sufficient. The petitioner made an application before the trial court for setting aside the ex parte decree and in compliance of Section 17 of the Provincial Small Cause Courts Act (hereinafter referred to as the 'Act') deposited a sum of Rs. 3,150 as against the decretal amount of Rs. 1.250. The trial court allowed the petitioner's application and set aside the ex parte decree. After the contest made by the petitioner, the trial court by the Judgment dated 16.1.1993 dismissed the suit in respect of decree for eviction but decreed the same for recovery of rent. Aggrieved by the said Judgment, the landlord preferred revision under Section 25 of the Act. In the revision als...
Smt. Shanti Devi Vs. Incharge, District Judge, Bijnor and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(1)AWC642
J.C. Gupta, J.1. Heard petitioner's counsel Sri K. M. Garg and learned counsel for the caveator Sri Anil Sharma. Supplementary-affidavit filed on behalf of the petitioner is taken on record.2. By means of the present writ petition, the petitioner challenges the orders dated 17.7.1998, 31.8.1998 and 3-9.1998 passed by respondent No. 2, the Rent Control and Eviction Officer. Bijnor. and also the order dated 11.9.1998 passed by, respondent No. 1 in the revision filed by the petitioner before the said authority. it appears that on the applications moved by petitioner for allotment and for release by respondent Nos. 3 to 5, the premises in question was got inspected by the Rent Control Inspector who reported that the petitioner was in unauthorised occupation of the premises in question as she was occupying the same without an order of allotment, for the last 5-6 years. it further appears that the case of the petitioner before the R.C. and E.O. was that she has been in occupation of the acco...
Ram Kedar and Others Vs. Dy. Director of Consolidation, Faizabad and O ...
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(1)AWC710
Dev Kant Trivedi, J. 1. By means of this petition under Article 226 of the Constitution of India, the petitioners pray for a writ of certiorari quashing the orders dated 15.11.1980 passed by the Assistant Settlement Officer, Consolidation and the order dated 30.6.1981 passed by the Deputy Director Consolidation, Faizabad.2. The dispute in the present petition relates to Khata Nos. 6, 86, 87, 94, 143 and 230 of village Patahuwan Gandpur Pargana and Tahsil Akbarpur, district Faizabad. Inthe basic year, Khata No. 6 was recorded in the name of the petitioners. Khata No. 86 was recorded in the name of Ram Nihor, Bhagirathi and Durhai. Khata No. 87 was recorded in the name of Ram Prasad and Shiv Prasad, Khata No. 94 was recorded in the name of Ram Bahal. Khata No. 143 was recorded in the name of Sita Ram, Jai Ram and Sangram and Ramji Das while Khata No. 230 was recorded in the name of Ram Kumar and Ram Narain.3. Objections were filed by some of the parties against the basic year entries cla...
State of U.P. Vs. Labour Court, Haldwani and Another
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(1)AWC768; [1999(81)FLR319]
M.C. Agarwal, J. 1. By this petition under Article 226 of the Constitution of India, the petitioner State of U.P. challenges an award made by the Presiding Officer, Labour Court, Haldwani and published on 20.10.1992. The respondent No. 2 Deep Chandra was engaged as supervisor on daily wages by the Executive Engineer, Irrigation Division, Haldwani. He worked on that basis during the years 1982 to 1988 for several periods. He was. however, not engaged from 1.9.1989. He raised an industrial dispute and the matter was referred to the Labour Court which has held that the termination of the services of respondent No. 2 is unjustified andillegal and he was entitled to reinstatement. The Labour Court, therefore, ordered that the respondent No. 2 be reinstated with full back wages. This award is challenged in this writ petition. The contention is that the respondent No. 2 was employed on a daily wage basis and had no right to continue in employment and that the irrigation Department was not an ...
Devi Prasad and Others Vs. Allahabad Development Authority and Another
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1999(2)AWC1241
M.L. Singhal, J.1. This is a petition under Order IX. Rule 13, read with Section 151 of the Code of Civil Procedure for staying the operation of the order dated 15th October, 1997, passed in Civil Misc. Writ Petition No. 18274 of 1996. We have heard Shri H.S. Nigam, learned counsel for the applicants, Shri Ajit Kumar, learned counsel for the opposite parties--original petitioners and Shri J. N. Sharma, for the Allahabad Development Authority,2. There is a Commercial Complex near Chowk Ghantaghar, Allahabad, known as Jawahar Lal Complex, constructed by the respondent Allahabad Development Authority. In the said Complex, shops were allotted on the ground floor, first floor and the second floor. Present applicants, twenty-two in number, have been allotted shops on the ground floor of the said Complex. On the ground floor of the said Complex as per scheme originally announced, the grills were affixed in the shops of the applicants allotted on the ground floor. With the permission of the Al...
Km. Angna Singhal Vs. Medical Council of India, New Delhi and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC86
O.P. Garg, J.1. Having been successful in the All India Entrance Examination. 1996 for admission to M.B.B.S. Course, the petitioner Km. Angna Singhal was allotted and admitted in Kasturba Medical College, Manlpal. After completing 1st year of the said course, she applied for migration from Manlpal Medical College to King George Medical College, Lucknow. Both the colleges have Issued 'No Objection Certificates'. Manipal Academy of Higher Education, a deemed University, with which Manipal Medical College is affiliated has also issued 'No Objection Certificates' in favour of the petitioner.2. The Medical Council of India (for short 'Council') which is a statutory body, constituted under the Indian Medical Council Act, 1956, has the authority to pass appropriate orders for migration/transfer. There are regulations, which have been framed with the previous sanction of the Central Government and are known as Regulations on Graduate Medical Education, 1997 (hereinafter referred to as the 'Reg...
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