Allahabad Court August 1999 Judgments
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Prabha Pathak Vs. Director of Education (Secondary) and Others
Court: Allahabad
Decided on: Aug-03-1999
Reported in: 1999(4)AWC3096; (2000)2UPLBEC1045
D.K. Seth, J. 1. In the present case the impugned order dated 2ndFebruary, 1996 contained in Annexure-5 to the writ petition has since been challenged. Ms. Anu Jaiswal, learned counsel for the petitioner contends that the Impugned order has been passed thoroughly on misconception of the provisions of law. According to her, there cannot be any reservation in respect of ad hoc appointment. That apart even from the record, it appears that number of appointment from reserve quota is already in excess in the said school. On facts the vacancy did not fall within the reserve quota. She secondly contends that the appointment has been made under Section 18 of the U. P. Secondary Education Service Commission and Selection Boards Act. 1982. Therefore, it would not attract the mischief of the U. P. Education Service Commission (Removal of Difficulties) Order, 1981. Therefore, the impugned order should be set aside and quashed.2. Mr. K. R. Singh, learned standing counsel on the other hand contended...
Himalaya Hotel Vs. Government of India and ors.
Court: Allahabad
Decided on: Aug-03-1999
Reported in: (1999)IILLJ1315All
Yatindra Singh, J. 1. Petitioner has a Hotel in district Nainital. According to the petitioner, it employees less than 20 persons and as such the provisions of Provident Fund Act, (the Act for short) are not applicable. 2. The Regional Provident Fund Commissioner issued a notice on December 14, 1981 to the petitioner under Section 7(a) of the Act that it is employing more than 20 persons and as such the Act is applicable and the petitioner was to deposit the required amount as contemplated under the Act. Petitioner replied to the letter dated December 14, 1981 to the Regional Provident Fund Commissioner that it has employed less than 20 persons and as such the Act is not applicable. This correspondence between Regional Provident Fund Commissioner and the petitioner went on for sometime. The Regional Provident Fund Commissioner kept on insisting that the petitioner should deposit the required amount without deciding the representation by the petitioner that as it has employed less than ...
Committee of Management, Public Higher Secondary School and anr. Vs. J ...
Court: Allahabad
Decided on: Aug-03-1999
Reported in: (1999)3UPLBEC1874
A.K. Yog, J.1. Petitioner No. 1 claiming to be Committee of Management Public Higher Secondary School, Anthari Nidhuri, District Sant Kabir Nagar, has filed this petition under Article 226, Constitution of India and seeks to challenge the orders dated 27th March. 1999 and 8th June, 1999 (Annexures-6 and 7 to the Writ Petition respectively).2. By means of the order dated 27th March, 1999 District Inspector of Schools purports to have refused to recognize the petitioner's Committee of Management and, on the other hand, held that Committee of Management allegedly constituted on 25th September, 1996 represented by Maqbool Ahmad was valid and recognized. The District Inspector of Schools thereafter vide impugned order dated 8th June, 1999 (Annexure-7 to the Writ Petition) recognised alleged Committee of Management represented by Chaudhary Javed Ahmad Khan on the basis of alleged elections held on 23rd June, 1999. The District Inspector of Schools further attested signature and sent the same...
Mrs. Bharti Krishna Vs. Vice-chancellor, Banaras Hindu University and ...
Court: Allahabad
Decided on: Aug-03-1999
Reported in: (1999)3UPLBEC2149
D.K. Seth, J.1. An advertisement was issued on 13th October, 1995 by Banaras Hindu University for filling up of vacancies in different Posts in the Central Hindu Girls School including the post of Assistant Lecturer in English. Many others as well as the petitioner and respondent No. 5 had applied for the post pursuant to the said advertisement. At the material point of time, in the absence of the principal, the respondent No. 4 was acting as principal of the Central Hindu Girls school as officiating principal. She was inducted in the Selection committee as one of the members in place of the principal. The selection committee had recommended the name of the respondent No. 5 for appointment in the post for which the petitioner had contested. By a resolution dated 20/21st July 1996, the Executive council had appointed the respondent No. 5 in the said post. This appointment has since been challenged by the petitioner in this writ petition.2. Mr. K. M. L. Hajela, learned counsel for the pe...
Akhilesh Kumar Singh and ors. Vs. District Magistrate/Collector and or ...
Court: Allahabad
Decided on: Aug-03-1999
Reported in: (2001)2UPLBEC1042
Sushil Harkauli, J.1. Heard learned Counsel for the parties. The respondents Counsel was given an option to file counter-affidavit which he did not opt to file. He has argued the matter relying upon the decision or Supreme Court reported in AIR 1999 SC 896, State Bank of India v. Y.V. Rao, the said decision has no application with the present case.2. Learned Counsel for the petitioner has relie dupon Section 11-A(2) of the U.P. Agricultural Credit Act, 1973.3. In para 4 and 6 of the Writ Petition, it has been stated that the petitioner become defaulter in 1989 and the amount became due was not recovered. The recovery certificate which has been issued after seven years is hereby quashed in view of provision of Section 11-A (2) of the U.P. Agricultural Credit Act.4. The writ petition is accordingly allowed. However, it will be open to the respondent Bank to pursue such other remedy as may be available to the bank under the law....
Shanker Lal (Dead.) Through L.Rs. Vs. Rent Control and Eviction Office ...
Court: Allahabad
Decided on: Aug-02-1999
Reported in: 1999(3)AWC2642
J.C. Gupta, J.1. By means of this writ petition, the order of Rent Control and Eviction Officer dated 30.8.82 (Annexure-15) has beenchallenged.2. The dispute relates to a shop situate at Hira Building. Poorana Adda Hathras, Altgarh, of which respondent No. 2 is the landlady. It is not in dispute that in the said shop, one Bishambher Dayal was tenant on behalf of the landlady and was doingHomoeopathic practice. The proceedings started on an application moved by landlady for the release of the said shop in her favour on the ground that the shop had been sublet by Bishambher Dayal and he has substantially removed his effects from the said shop and. therefore, a vacancy had come into existence. It further appears that a report was called for from the Rent Control Inspector who by the report dated 25.5.77 reported that tenant Bishambher Dayal was found in occupation of the shop at the time of his visit and the said shop was not in occupation of any third person. Landlady filed her affidavit...
Praveen Pratap Singh Bhadauria Vs. District Inspector of Schools, Vara ...
Court: Allahabad
Decided on: Aug-02-1999
Reported in: 1999(3)AWC2696; (1999)3UPLBEC1734
D. K. Seth, J. 1. The refusal of approval of appointment of the petitioner, made against a short term vacancy, has since been challenged in this writ petition. The grounds of refusal are three fold. The first ground is that the vacancy was notified only at the notice board and it was not published in a widely circulated newspaper. The second ground was that the appointment was made against a vacancy meant for reserved quota and the third ground was that there were only two applications.2. Mr. V. K. Singh, learned counsel for the petitioner contends that the first ground cannot be sustained since the notice was also published in 'Sanmarg' which has wide circulation which is apparent from Annexure-8. The said 'Sanmarg' has been accepted as a widely circulated newspaper by order dated 24th June, 1996 passed by the Sahayak Suchna Nirdeshak contained in Annexure-8 to the writ petition. Therefore, according to him, the first ground cannot be sustained. He then contends that by reason of the ...
V.K. Gupta Vs. Iind Additional District Judge, Kanpur and Others
Court: Allahabad
Decided on: Aug-02-1999
Reported in: 1999(4)AWC2752
J.C. Gupta, J.1. This is tenant's writ petition seeking quashing of the orders dated 9.4.1997 and 15.2.1994 passed by the revisional court and the trial court respectively.2. The dispute relates to a ground floor portion of house No. 104/458, Sisamau, Kanpur, Plaintiff respondent No. 3 brought suit for recovery of arrears of rent and ejectment against the petitioner on the ground of default in payment of rent alleging that the petitioner tenant was in arrears of rent at the rate of Rs. 320 per month from 1.7.1987 to 31.3.1989 in addition to water and drainage taxes at the rate of 18% of the rent, and the tenant failed to pay the same despite notice of demand and termination of tenancy, which was served on the tenant on 21.4.1989 by refusal. The suit was contested by the petitioner, inter alia, on the grounds that the rate of rent was only Rs. 180 per month inclusive of all local taxes and rent had been paid to the plaintiff landlady up to the period ending 30.6.1990 and accordingly the...
Khimman Singh Vs. Registrar, High Court, Allahabad and Others
Court: Allahabad
Decided on: Aug-02-1999
Reported in: 1999(4)AWC2940; (1999)3UPLBEC2293
V.M. Sahai, J.-1. The petitioner was appointed as peon on 1.9.80 in District Judgeship of Bulandshahr. In 1985 the petitioner and one another process server were handed over papers of an execution case and were directed to execute it by arresting the Judgment debtor. According to petitioner, the dispute was settled on intervention of certain persons of the village and the settlement was endorsed on the warrant. Later, on a complaint made by the decree holder, an inquiry was directed by the District Judge and Shri D. N. Arya was appointed as Inquiry Officer. He framed the charge-sheet and served it on petitioner. The petitioner filed his reply as well. Before completion of inquiry, Shri Arya was transferred. Another Inquiry Officer was appointed. He too was transferred. Thereafter, Shri Om Pal Singh, Additional District Judge was appointed as Inquiry Officer. He issued same charge-sheet on 29.9.86. It was in English. Since the charge was same, the petitioner stated that his reply, filed...
Smt. Kamlesh Saxena Vs. U.P. Secondary Education Service Commission, A ...
Court: Allahabad
Decided on: Aug-02-1999
Reported in: 1999(4)AWC2944; [2000(87)FLR956]; (1999)3UPLBEC2133
V.M. Sahai, J.1. The petitioner was appointed on 18.11.76 as Assistant Teacher in L. T. Grade in Ram Pyari Arya Kanya Inter College, Moradabad (in brief Institution). On '5.10.1991 she made a complaint to the principal that progress report and transfer certificates reveal that four students had obtained fictitious certificates that they passed XI class examination from the institution, though they were not students of the institution. It was alleged that these forged certificates were prepared by connivance of teaching and non-teaching staff. Out of the four students, name of Km. Chhabi, daughter of another teacher Smt. Savita Rastog! was also mentioned in the complaint. The petitioner also attached progress report and transfer certificate of Km. Chhabi along with her complaint. On 10.10.91. a fight took place in the Institution between the petitioner and Smt. Savita Rastogl. The petitioner lodged a F.I.R. on 10.10.91. The management, by resolution dated 14.10.91. suspended the petitio...
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