Allahabad Court July 1999 Judgments
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Raj Pati Yadav Vs. District Magistrate/Collector, Bhadohi and Others
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 1999(3)AWC2664; (1999)3UPLBEC2051
D.K. Seth, J.1. The petitioner alleges that he was appointed against a leave vacancy. The person who was on leave did not come back. According to the counsel for the petitioner Mr. S. N. Singh submits that the petitioner's appointment would cease only when the person who had gone on leave, comes back or a regularly selected candidate Joins. By virtue of an order dated 22nd August, 1996, contained in Annexure-8, someone else has been sought to be transferred and posted against the post in which the petitioner was allowed to function. He has challenged this order in this writ petition.2. Mr. K. R. Singh. learned standing counsel contends that since the appointment of the petitioner was in leave vacancy, he cannot claim any right to the post. Such vacancy can be filled up by recruitment or by transfer. There is no embargo in filling up of the vacancy by transfer. It is up to the administration whether such post should be filled up by transfer or by recruitment. In such circumstances, the ...
Awan Kumar Timber Merchants and Suppliers Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 1999(3)AWC2712
N.K. Mitra, C.J.,1. The question that arises for consideration in this Special Appeal is whether the respondents who belonged to Lekhpal cadre of State Services were entitled to be given-the pay scale of 'Bhulekh Nirikshak'. i.e.. Rs. 1350-30-1440-40-2200 with effect from 28.1.1991 as held by the learned single Judge or with effect from 1.8.1994 as held in the order impugned in the writ petition? The answer to the question would, in our opinion, depend on the interpretation of Clause 3 (10) of Government Order No. VI. A.a-1-1763/Das-391M)/89 Vitt (Vetan Aayog) Anubhag-1. Lucknow, dated June 3. 1989 and Its interaction with the orders dated 28.1.1991 and 1.8.1994 the Commissioner and Secretary. Rajasva Parishad Anubhag-4, Lucknow for the Board of Revenue U. P.2. We have had heard Sri M. S. Plpersenla, learned standing counsel for the appellants and Shri P. N. Saxena for the respondents. With the consent of the learned counsel for the parties, the matter was taken up for final disposal a...
Bhagwan Ram Vs. Regional Director, Staff Selection Commission, Allahab ...
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 1999(3)AWC2693; (1999)3UPLBEC1768
D.K. Seth, J. 1. The petitioner has appeared for the selection of Divisional Accountant and Junior Accountant held by the Staff Selection Commission, Government of India, Department of Personnel, Public Grievance and Pension. It is alleged that the petitioner had been successful and his name was in serial No. 138 while he comes at serial No.8 among the schedule caste candidates. Despite being successful, no appointment letter was being issued to the petitioner. Therefore, this writ petition has been filed.2. In the counter-affidavit, the question of maintainability has been raised apart from the objections to the merit of the case. The learned counsel for the petitioner Mr. Sheo Shankar Tripathi contends that unless the petitioner is given appointment, it does not come within the purview of Central Administrative Tribunals Act and as such, the jurisdiction of this Court cannot be taken away. In order to substantiate his contention, he relies on Article 323A of the Constitution and cont...
Chander Kumar JaIn Vs. Anand Kumar JaIn and Another
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 1999(4)AWC2785
P.K. Jain, J. 1. In Civil Misc. Case No. 2 of 1995, Anand Kumar Jain v. Chander Kumar, an application for issuing probate was moved by the applicant in the Court of District Judge, Bulandshahr. The District Judge transferred the same for disposal to the Court of Additional District Judge, Bulandshahr. The present revisionist moved an application 36C-2 raising preliminary question that the transferee Court had no jurisdiction on the ground that in view of the definition of the District Judge as contained in Section 2(fab) of the Indian Succession Act. 1925 (hereinafter called as the Act) the transferee Court is not a principal civil court of original Jurisdiction. That application has been rejected by the learned Additional District Judge.2. The present revision has been filed against the order dated21.4.1999.3. Sri B. D. Mandhyan, learned counsel for the revisionist has been heard at length.4. His submission is that the definition of District Judge as contained in Section 2(bb) of the ...
Hari Mohan Singh Vs. District Inspector of Schools, Ghazipur and Anoth ...
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 1999(4)AWC3537; (1999)3UPLBEC2300
D.K. Seth, J.1. The petitioner was promoted to the post of Lecturer in Sociology against a regular vacancy along with one Sri Sital Deen Singh promoted to the post of Lecturer in Economics. Tills promotion was given by a resolution dated 31st October, 1976. But the District inspector of Schools, Ghazipur, dfd not approve the same on the ground that one of the post was to be filled up by promotion and the other by direct recruitment. Therefore, the school authority should send a revisedproposal. This communication was sent to the school authority on 17th January. 1977. Admittedly, the school authority did not send any fresh proposal. However, admittedly, the petitioner continued to take classes in intermediate college and perform the duties of a Lecturer. The petitioner did not come to this Court and did not assert his right. The situation shows that the petitioner was more conscious about his duties but less conscious about his rights. He concentrated on teaching without raising any ob...
Bire Alias Bir Bahadur Singh Vs. State of U.P.
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 2000CriLJ87
ORDERB.K. Sharma, J. 1. This is a revision against the judgment and order dated 28-9-1983 passed by Sri R. C. Verma, the then Sessions Judge, Mainpuri in Criminal Appeal No. 188 of 1983 under Section 376, I.P.C. whereby, he dismissed the appeal preferred against the judgment and order dated 19-8-1983 passed by Sri V. B. Singh, the then Assistant Sessions Judge, Mainpuri in S. T. No. 211 of 1983 convicting the accused-revisionist for the offence under Section 376, I.P.C. and sentencing him to undergo R.I. for a period of 3 years for having committed rape upon Km. Kusma Devi, aged about 10 years on 21-2-1983 in the field.2. Heard learned counsel for the accused-revisionist and the learned A.G.A.3. In this case, the learned counsel for the accused-revisionist has not challenged the conviction of the accused-revisionist for the offence under Section 376, I.P.C. He has only made his submissions on the point of sentence. His claim is that the accused-revisionist was a child within the meanin...
Rohtas Vs. State of U.P.
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 2000CriLJ89
B.K. Sharma, J. 1. This is an appeal against the judgment and order dated 26-2-1981 passed by Sri Ikramul Bari, the then IIIrd Addl. Sessions Judge, Bijnor in S.T. No. 317 of 1980, whereby he convicted the accused-appellant Rohtak of the offence 307, I.P.C. and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 200/ - and in default of payment of fine, to suffer R.I. for a period of 3 months.2. The prosecution story is that Rohtash accused-appellant and his brother Anand had encroached upon the Kharanja of the Gaon Sabha in village Jalalpur Turk P. S. Nahtaur, District Bijnor by constructing a platform and had dismantled a Gram Panchayat platform, that Tara Singh injured P.W. 3 who was the Gram Pradhan had initiated proceedings under Section 133, Cr. P. C, that in consequence the platform was removed and Rohtash accused had to undertake to reconstruct the platform of the Gram Panchayat, that Rohtash had threatened Tara Singh injured with killing for initiati...
Smt. Vidya Sinha Vs. Vth Additional District Judge, Varanasi and Other ...
Court: Allahabad
Decided on: Jul-28-1999
Reported in: 1999(3)AWC2611
A.K. Yog, J. 1. This petition, under Article 226, Constitution of India, arises out of proceedings initiated by Shyam Shankar Srivastava and his two sons by filing release application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 (U. P. Act No. XIII of 1972) (for short called the 'Act') before prescribed authority appointed under the Act. The Landlord claimed that he required premises No. S/6/12. Mohalla Miana Mohal, Orderly Bazar. Varanasi, wherein Smt. Vidya Sinha (petitioner) was a tenant at the rate ofRs. 35 per month. Release was also sought for other portion in the said premises in the tenancy of Smt. Madhuri Singh. After parties led evidence, the prescribed authority urde judgment and order dated 10th May, 1995 (Annexure-5 to the petition) allowed release application granting two months to the tenant (petitioner) to vacate said accommodation and hand over vacant possession to the landlord. During the pendency of the pr...
Ghanshyam and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-28-1999
Reported in: 1999(4)AWC2733
M. Katju, J.1. Heard Sri P. S. Yadav, learned counsel for the petitioner, and Sri Ashok Mehta, learned Chief Standing Counsel for respondents.2. The petitioners have prayed for a mandamus directing the respondents to permit them to join B.T.C. training course in pursuance of the advertisement dated 8.3.1998 copy of which is Annexure-1 to the petition. Since a large number of similar petitions have been filed In this Court, this Judgment will govern all such similar petitions which are pending in this Court. The aforesaid advertisement has been issued in pursuance of the G.O. dated 9,1.1998 whose validity has already been upheld by this Court in Writ Petition No. 29107 of 1999. Alok Kumar Pandey v. State of U. P. and others, which was disposed of by Hon'ble S. R. Singh, J., by its judgment dated 19.7.1999 copy of which is Annexure-3 to the counter-affidavit.3. The petitioners claimed that they have passed B.Ed. from various institutions and they claimed that they are entitled to be sent...
Achutyanand Dubey Vs. District Basic Education Officer and Another
Court: Allahabad
Decided on: Jul-28-1999
Reported in: 1999(4)AWC2997; (1999)3UPLBEC1899
V.M. Sahai, J. 1. Heard counsel for the petitioner Shri R. Y. Pandey and Shri S. N. Srivastava learned standing counsel for the respondents.2. The father of the petitioner died on 10.4.74. The petitioner claimed appointment under the Dying in Harness Rules. The petitioner was appointed as peon. Subsequently, concealing this fact he -obtained appointment in another Institution as teacher in untrained grade. The appointment of the petitioner has been cancelled by the respondents on 16.2.87 on the ground that the petitioner has concealed the fact that he had been appointed as peon cashier under the dying-in-harness rules.3. The counsel for the petitioner urged that recommendation was madein his favour by the authorities that a sympathetic view should be taken in favour of the petitioner. On the other hand, the learned standing counsel had supported the order of respondents. Since the petitioner concealed the fact of his earlier appointment and obtained appointment as untrained teacher aga...
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