Allahabad Court August 1999 Judgments
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Pilibhit Pant Nagar Beej Limited Vs. State of U. P. and Others
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3081
M. Katju & Krishna Kumar, JJ. 1. This writ petition has been filed for quashing the impugned order dated 12.3.99 (Annexure-17 to the writ petition) and for a mandamusrestraining the respondents from interfering in the business of the petitioner in certified seeds either before or after processing and further in restraining the respondents from demanding and realising market fee on the transaction of unprocessed or processed certified seeds.2. We have heard learned counsel for the petitioner and Sri B. D. Mandhyan, learned counsel for the respondents.3. In the year 1997-98 market fee was demanded from the petitioner on seeds of wheat by order dated 22.9.98 which was challenged by the petitioner in writ petition No. 32740 of 1998 which was disposed of by this Court on 15.1.99 (vide Annexure-15 to the writ petition) directing the petitioner to make a fresh representation, which should be decided in the light of the judgment of the Supreme Court in State of Rajasthan v. Rajasthan Agricultu...
Ravindra Nath Banarjee Vs. State of U.P. and Another
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3371; (1999)3UPLBEC2034
M. Katju, J.1. This writ petition has been filed against the impugned order dated 6.3.97 (Annexure-3 to the petition) and for a mandamus directing the respondents to release the petitioner's gratuity with interest and full pension of the petitioner.2. I have heard Sri T. P. Singh and Sri Ashok Bhushan learned counsel for the petitioner and learned standing counsel for the respondents.3. The petitioner retired on 31.7.91 as Associate District Inspector of Schools. Fatehpur. From 27.8.85 to 30.5.87, the petitioner worked as Basic Shiksha Adhikari. Allahabad and thereafter he was transferred out of Allahabad. A charge-sheet dated 26.8.87 was issued to him regarding certain allegations during his tenure as Basic Shiksha Adhikari, Allahabad. True copy of the charge-sheet is Annexure-1 to the petition. The petitioner submitted a reply to the charge-sheet on 12.5.88. It is alleged that thereafter the petitioner was not given opportunity to produce his evidence nor cross-examine the witnesses ...
Chief Post Master, Kanpur Vs. Mohammad Salim and Another
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3362; (1999)3UPLBEC2085
M. Katju, J.1. This writ petition has been filed against the impugned order of the Central Administrative Tribunal dated 6.5.1999 copy of which is Annexure-4 to the petition.2. The respondent No. 1 retired as postman on 19.5.1995 but he continued occupying the official accommodation in his possession and hence the rent of Rs. 900 was ordered to be recovered from his pension for the house rent with interest. The respondent No. 1 filed a petition before the Central Administrative Tribunal which allowed this petition by the impugned order and held that the recovery of house rent cannot be made from the respondent's pension but it can be made by other means.3. On the facts and circumstances of the case, we are not inclined to exercise our discretion under Article 226 of the Constitution by interfering with the impugned order. However, we are informed that the respondent No. 1 is still occupying the official accommodation even four and a half years after his retirement. This is indeed shock...
Sakhawat HusaIn Khan Vs. Aligarh Muslim University, Aligarh and Others
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3277; (2000)1UPLBEC570
R. R. K. Trivedi and M. C. Jain, JJ.1. Aggrieved by order dated 12.12.1991, Annexure-15 to the writ petition by which petitioner's services were terminated on one month's notice on the ground that his services were no more required by the University, petitioner filed Civil Misc. Writ Petition No. 1187 of 1992 in this Court. Learned single Judge dismissed writ petition by order dated 11.12.1997. Relevant paragraphs of the order dealing with the questions involved in the writ petition, are being reproduced below :'Learned counsel for the petitioner has relied on the first paragraph of the above Regulation in support of his contention that the petitioner is automatically confirmed after two years of service. However, the second paragraph of the same Regulation states that the employee will remain in probation even after the stipulated period and will not be automatically confirmed. Thus, it cannot held that the petitioner became confirmed after two years of service. Moreover, there are se...
Committee of Management, Janta Inter College, Azamgarh and Another Vs. ...
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3518; (1999)3UPLBEC2342
M. Katju, J.1. This writ petition has been filed for a writ of certiorari for quashing the impugned order dated 9.7.1999 Annexure-20 to the writ petition and for a mandamus restraining the respondents from interfering in the affairs of the institution in question and directing the respondent No. 1 to pass a speaking order regarding its approval In respect of the suspension order of respondent No. 2 dated 15.2.1999.2. I have heard learned counsel for the parties,3. The dispute relates to Janta Inter College, Bazar Gosal, Harraiyya, Azamgarh which is a recognised Intermediate College receiving grant-in-aid. In paragraph 3 of the petition, it Is alleged that the last election was held in June 1997 and the petitioner No. 2 was elected as Manager and his signature was attested by the District Inspector of Schools. Against that, two writ petitions were filed in this Court by Sheo Shankar Singh claiming to be lawfully elected Manager in the Institution in question. The petitions were dismisse...
Devi Dayal and Another Vs. Iiird Additional District Judge, Kanpur and ...
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3539
A. K. Yog, J. 1. Applications under Section 21 (1) (b), U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972) for short called 'the Act', were filed against four tenants by landlord, Mahesh Prasad (respondent No. 3) contending that accommodations in dispute are dilapidated and it require demolition and construction.All the four tenants filed objections.2. Prescribed Authority under the Act allowed these applicationsvide order dated 31.7.1981 (Annexure-V to the writ petition).3. Feeling aggrieved by order dated 31.7.1981 (Annexure-V to the writ petition), these tenants preferred four appeals under Section 22 of the Act. All the appeals have been dismissed by common judgment and order dated 5.1.1982 (Annexure-Vl to the writ petition).4. Devi Dayal and Sita Ram (Appellants in Rent Appeal No. 265 of 1981) and Rent Appeal No. 263 of 1981) have, therefore, filed this writ petition.5. Petitioners (tenants) claim writ in the nature of certiorari ...
Dr. Dinesh Jha Vs. Chancellor, University of Allahabad and Others
Court: Allahabad
Decided on: Aug-25-1999
Reported in: 1999(4)AWC3524; (1999)3UPLBEC2092
M.Katju, J.1. Heard learned counsel for the parties.2. The petitioner has prayed for a mandamus directing the respondents not to make any selection in pursuance of the advertisement dated 12.2.1996. He has also challenged the constitutional validity of Section 3 of the U. P. State Universities (Amendment) Act, 1998.3. The dispute in this case is regarding the post of Principal of Motilal Nehru Regional Engineering College, Allahabad. It is this post on which the selection of respondent No. 5 was made on contract basis. The petitioner is working as Professor in the Engineering College and he has challenged the selection of respondent No. 5 for the post of Principal of the college.4. It appears that the U. P. Legislature has amended the law regarding the appointment of Principal of the Motilal Nehru Engineering College, Allahabad. Section 3 of the U. P. Amendment Act No. 9 of 1998 states as follows :'31-B (1) Notwithstanding anything to the contrary contained in any other provision of th...
Kumari Jyoti Rathore Vs. District Basic Education Officer
Court: Allahabad
Decided on: Aug-25-1999
Reported in: (1999)3UPLBEC2086
S. Harkauli, J.1. Heard learned Counsel for the petitioner and Sri Sudhakar Upadhyaya learned Counsel for the respondents.2. The petitioner is working as Assistant Teacher she has been suspended by the impugned order dated 7th July. 1999 on the ground that in a surprise inspection on 2-7-1999 the respondent found the petitioner absent in the school. No other allegation has been made against the petitioner. The suspension on the ground of single day absence, without trying to verify the reasons for the said absence is not justified.3. In the result the writ petition succeeds and is allowed, the impugned suspension order is hereby quashed. However, inquiry against the petitioner may go on. ...
Virendra Singh and Others Vs. Addl. Director of Education (Secondary), ...
Court: Allahabad
Decided on: Aug-24-1999
Reported in: 1999(4)AWC3049; (2000)1UPLBEC615
Palok Basu, J. 1. 'Petitioners are challenging transfer order. The petitioners are in Government service and transfer is an exigency of service. Petition is dismissed' is the order of the learned single Judge dated 6.7.1999 which is under challenge in the present Special Appeal filed by all the five petitioners, namely. B. P. Singh, Virendra Singh, Rameshwar Prasad Pandey, Shahir Uddin and Abdul Qayyum Khan though it is admitted case that the transfer order in so far as It related to B. P. Singh, petitioner stood cancelled, Consequently, during the course of arguments, the learned counsel for the petitioner-appellant has argued the case only of the remaining four petitioners-appellants.2. The principal question argued by the petitioners-appellants counsel was that after affidavits have been exchanged between the parties, relevant materials were brought on record challenging the transfer order, the learned single Judge may have gone into the reasons but the aforesaid order which has bee...
Committee of Management Arya Kanya Pathshala Inter College, Roorki, Ha ...
Court: Allahabad
Decided on: Aug-24-1999
Reported in: 1999(4)AWC3529; (1999)3UPLBEC2313
A.K. Yog, J.1. The Arya Kanya Pathshala Inter College, Roorki, district Harldwar is a recognised Intermediate Girls Institution under U. P. Intermediate Education Act, 1981 (the Act). It is managed according to the provisions of the Act. a newly provided scheme of administration framed under the Act (Annexure-1). One Virendra Kumar Gupta, alleging to be the Manager of the Committee of Management (petitioner No. 1) has filed this writ petition to challenge the impugned order dated 30/31.7.1999 (Annexure-11) passed by the Dy. Director of -Education (Secondary), Saharanpur Region, Saharanpur. The contesting Committee of Management allegedly represented by one Hari Narayan Mehrotra, who is impleaded as respondent No. 4 and is represented by Shri Arun Kumar. Advocate. respondent Nos. 1, 2 and 3 are represented by standing counsel. Since there is no dispute on fact, the present writ petition is decided finally at the admission stage as contemplated in the rules of the Court.2. Admittedly, el...
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