Allahabad Court December 2000 Judgments
Anis Ahmad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-22-2000
Reported in: 2001(1)AWC661; (2001)1UPLBEC565
S. R. Singh and D. R. Chaudhary,JJ. 1. Challenge in this petition is fo-cussed on the communication dated 4.12.2000 (Annexure-1 to the petition) whereby the petitioner who is the Executive Officer in the Nagar Panchayat, Lalgopal Ganj. Allahabad, has been called upon to furnish details of itemised purpose of the sum withdrawn in the financial year 2000-2001 in connection with development work and other allied works within the circle of Nagar Panchayat. Lalgopal Ganj. It has been specified in the impugned communication that if the petitioner defaults in furnishing details as demanded for requisition by the District Magistrate, the matterwould be forwarded to the State Government/Directorate for appropriate action against the petitioner. The impugned communication is sought to be quashed basically on the ground that the District Magistrate is not clothed with the authority to call for details of the funds allocated to the Nagar Panchayat, Lalgopal Ganj, in the absence of a notification a...
Tag this Judgment!Km. Madhuri Mathur Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-21-2000
Reported in: 2001(1)AWC667; [2001(88)FLR755]; (2001)1UPLBEC751
ORDERV.M. Sahai, J.1. This petition relates to change of option by a teacher. The petitioner was Lecturer in Hindi since 1975 in Gyan Bharati Balika Inter College, Birhana, Kanpur Nagar is a recognised and aided institution. Her date of birth is 25.3.1939. She gave an option to retire at the age of 58 years on 31.12.1990 in pursuance of Government Order dated 6.10.1990 circulated by Director on 31.10.1990. She withdrew her option on 26.2.1997. The management recommended on 15.3.1997 to the District Inspector of Schools-II. Kanpur Nagar for permitting the petitioner to change her option. The District Inspector of Schools on 19.4.1997 returned the papers that it should again be sent along with the Government Orders. The petitioner filed Civil Misc. Writ Petition No. 16401 of 1997. She claimed that since her option has not been accepted, she could change It. A counter-affidavit was called and interim order was passed on 16.5.1997 and the petitioner was allowed to continue to work till 60 ...
Tag this Judgment!Rajendra Prasad Vs. Union of India Through G.M., N.R. and Others
Court: Allahabad
Decided on: Dec-21-2000
Reported in: 2001(1)AWC756; [2001(88)FLR791]; (2001)IILLJ302All; (2001)1UPLBEC570
S. R. Singh and D. R. Chaudhary, JJ.1. Heard Shri M. D. Mishra, learned counsel for the petitioner and Shri A. K. Rai, learned counsel representing respondents and perused the order passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, thereby holding that the application under Section 19 of the Administrative Tribunals Act, 1985 (in short the 'Act') filed by the petitioner is not maintainable.2. Admittedly, the petitioner comes within the purview of 'workman' within the meaning of the term as defined in Section 2(z) of the Industrial Disputes Act, 1947. The question is whether an application under Section 19 of the Act is maintainable before the Central Administrative Tribunal and it has jurisdiction to entertain the application concerning service matters of the workman. Section 2 of the Administrative Tribunals Act, 1985, enumerates the matter in respect of which the provisions of the Administrative Tribunals Act. 1985, will have no application. Clause (b) of Sec...
Tag this Judgment!Commissioner of Income-tax Vs. Sharwan Kumar Agarwal
Court: Allahabad
Decided on: Dec-21-2000
Reported in: [2001]249ITR233(All)
1. This is an application filed by the Commissioner of Income-tax (Central), Kanpur, for a direction to the Income-tax Appellate Tribunal to draw up a statement of the case and refer the questions of law mentioned in paragraph 3 of the application filed by the applicant.2. The assessee is a sharebroker and filed his return of income on December 13, 1994. The assessment was completed under Section 143(3) of the Income-tax Act, 1961. During the course of assessment proceedings, the Assessing Officer had found that the assessee had at times settled the share transactions by corresponding deliveries and at times settled the contract without effecting the delivery. On an examination of invoice bills, the Assessing Officer found that the assessee had earned a profit of Rs. 32,80,949 and suffered a loss of Rs. 1,10,14,010, thereby incurring a net loss of Rs. 77,33,061. It was held that this was speculative transaction within the meaning of Sub-section (5) of Section 43 of the Income-tax Act. ...
Tag this Judgment!Karan Pal Singh Vs. Rajya Shakshik Anusandhan Avam Prashikshan Parisha ...
Court: Allahabad
Decided on: Dec-21-2000
Reported in: (2001)1UPLBEC753
R.K. Agrawal, J.1. The only ground on which the candidature of petitioner for B.T.C. training has been rejected is that he has completed B.Ed, course through correspondence from Chaudhry Charan Singh Vishwa Vidyalaya, Meerut. This Court by its judgment and order dated 26.11.1992 passed in Civil Misc. Writ Petition' No. 818 of 1992, Ramesh Pratap Singh and Ors. v. State of U.P. has already held that the degree of B.Ed, obtained by correspondence course from the recognised institutions should be treated equivalent to the degree of B.Ed. obtained as regular student for the purpose of B.T.C. Training. The same has been followed subsequently in Writ Petition No. 38161 of 1999, Devendra Nath Tripathi v. State of U.P. and Ors., decided on 12.10.1999, Writ Petition No. 41467 of 1999; Sripal Singh and Anr. v. The Basic Shiksha Parishad, U.P., Allahabad, through its Secretary and Ors., decided on 30.9.1999. Respectfully, following the said decision, the impugned order dated 15.6.1999 cannot be s...
Tag this Judgment!Sudhir Kumar Anand and Others Vs. U. P. State Electricity Board, Luckn ...
Court: Allahabad
Decided on: Dec-20-2000
Reported in: 2001(1)AWC490; (2001)1UPLBEC708
S. R. Singh, J.1. These petitions raise common question of law and being grounded on same set of facts were taken up together for convenient disposal by a common judgment. The petitioners of Writ Petition No. 41634 of 1999 who are Senior Assistant Engineers belonging to the Electrical and Mechanical cadre of Uttar Pradesh State Electricity Board (hereinafter referred to as the Board) have prayed for issuance of writ of mandamus commanding the respondents to make promotion to the posts of Executive Engineer in consonance with the law laid down by the Supreme Court in Indra Sawhney v. Union of India, and not to extend the benefit of reservation in promotion for officers belonging to Scheduled Castes/Scheduled Tribes to the posts of Executive Engineer. Promotion of Mewa Lal (SC) from the post of Superintending Engineer to the post of Chief Engineer vide order dated 30.10.1999 (Annexure-1) to Writ Petition No. 46973 of 1999 is sought to be quashed on the ground that he has been illegally g...
Tag this Judgment!Badri Prasad Vs. State of U. P. and Others
Court: Allahabad
Decided on: Dec-20-2000
Reported in: 2001(1)AWC559
S. K. Sen, J. 1. We have heard learned counsel Mr. R. N. Gupta for petitioner and learned standing counsel for respondents. 2. In the instant writ petition the petitioner has prayed for the following reliefs : (i) A writ order or direction in the nature of certiorari the result of respondent No. 7 to be elected as Corporator Lucknow Corporation declared on 25.11.2000 be quashed. (ii) Writ order or direction in the nature of mandamus the provisions of Section 62(2) of Municipal Corporation Act, 1959 be declared as ultra vires and opposite parties be commanded to hold a fresh election after preparation of final voter list. (iii) the cost of the writ petition be awarded to the petitioner against opposite parties. (iv) Any other writ order or direction befitting in the circumstances of the case be also passed. 3. The contention of the writ petitioner is that some voters whose names figure in the list which is part of the voters list which is annexed to the writ petition at page 60 to 90 ...
Tag this Judgment!Sheela Singh Vs. Purvanchal University, Jaunpur and Others
Court: Allahabad
Decided on: Dec-20-2000
Reported in: 2001(1)AWC664; (2001)1UPLBEC697
S. R. Singh, J. 1. Since both the petitions arise out of common cause of action and raise common questions of law, they were taken up together with the consent of the parties counsel for a convenient disposal by common judgment. 2. The advertisement dated 2.11.1998 is sought to be quashed in so far as it relates to the post of Lecturer (General Category) in the Department of Business Administration, Purvanchal University. Jaunpur. The petitioner, it is alleged, is working on the post in question on the basis of appointment orders issued from time to time in her favour for specified durations. Concededly, the posts in question were created on temporary basis for the first time vide Government Order dated 11.12.1997 for a period up to 28.12.1998 and were allowed to continue up to 28.2.1999 vide Government Order dated 30.3.1998. In fact, vide Government Order aforestated one post of Professor, two posts of Reader and four posts of Lecturers in the Department of Business Administration wer...
Tag this Judgment!Ved Prakash Tripathi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-20-2000
Reported in: 2001(1)AWC669; (2001)1UPLBEC462
ORDERS. R. Singh, J.1. The petitionseeks quashing of the letter No.2115/C-3/1997-1998 dated 28.6.2000 issued by the U. P. Public Service Commission. Allahabad and a direction to the third respondent to forthwith forward four additional names from the waiting list prepared on the basis of Assistant Prosecuting Officer Examination, 1996 in pursuance of the request made by the State Government vide communication dated 2.2.2000 and appropriate super-added with thedirection to respondent Nos. 1 to 4 toforthwith grant appointments to fouradditional wait-listed candidatesimmediately after receipt of suchnames from the U. P. Public ServiceCommission.2. We have heard Sri Ashok Khare, senior advocate for the petitioner and Sri S. K. Singh, learned counsel appearing for the U. P. Public Service Commission and standing counsel appearing for the respondents 1 and 2.3. Petitioner appeared in Assistant Prosecuting Officer Examination, 1996 result of which was declared on 27.2.1998. Total number of va...
Tag this Judgment!Daya Shankar Pande Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-20-2000
Reported in: 2001(1)AWC671; (2001)1UPLBEC741
ORDERV. M. Sahai, J.1. In this petition filed by a teacher appointed to short-term vacancy, one of the questions that arises for consideration is whatis the effect of rescission of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (in brief Second Order) by insertion of Section 33E in the Uttar Pradesh Secondary Education Services Selection Boards Act, 1982 (in brief the Act).2. Maharshi Durbasa Inter College, Kakara Dubawal, Allahabad (in brief institution) is a recognised and aided institution. Sri Yaduraj Singh an Assistant Teacher L.T. grade took medical leave from 1.1.1998 to 30.6.1998. The management on 1.1.1998 intimated the District Inspector of Schools (in brief D.I.O.S.) to fill the short-term vacancy. This letter does not appear to have been received by the D.I.O.S. The management notified the vacancy on 7.1.1998 on the notice board and on the same day advertisement was published in newspaper 'Dainik Jagran'. The petitio...
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