Allahabad Court August 2000 Judgments
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Mukesh Kumar Sharma Vs. District Inspector of Schools, Aligarh and Oth ...
Court: Allahabad
Decided on: Aug-31-2000
Reported in: 2000(4)AWC2929; (2000)3UPLBEC2332
S.R. Singh, J.1. Petitioner herein seeks issuance of writ of mandamus commanding the opposite parties to pay him salary admissible to the post of L.T. grade teacher w.e.f. 27.3.2000. Relief of mandamus against the respondent No. 1 is also sought commanding him to decide the petitioner's representation regarding payment of salary admissible to the post of L.T. grade teacher with effect from the date the petitioner joined his duties.2. Petitioner claims to have been appointed in a short term vacancy advertised by the Committee of Management. Patel Smarak Inter College. Jagtari, Aligarh. In Dainik 'Aaj' on 8.3.2000 and in 'Rashtriya Sahara' on 10.3.2000. It is alleged in the writ petition that one Karanpal Singh. Lecturer [Economics) retired from service on 30.6.1998. Resulted vacancy on the post of Lecturer (Economics) was filled by giving ad-hoc promotion to one Prem Raj Sharma. Assistant Teacher in L.T. grade. Ad-hoc promotion of Shrl Prem Raj Sharma is satd to have been approved by th...
Ramu Vs. Executive Officer, Nagar Palika, Mirzapur and Others
Court: Allahabad
Decided on: Aug-31-2000
Reported in: 2000(4)AWC2876; [2000(87)FLR355]
V.M. Sahai, J.1. The question that arises in this writ petition iswhere father and mother both are in service and one of them dies, whether hfs son can claim appointment under the Dying-in-Harness Rules.2. The father of petitioner Sri Jangi Lal, and his mother Smt. Radha wife of Sri Jangi Lal both were working as sweepers on permanent posts in Nagar Palika, Mirzapur. On 20.9.1991 Smt. Radha mother of petitioner died. The petitioner moved an application on 24.9.1991 claiming appointment as sweeper under the Dying-in-Harness Rules. He was appointed by Executive Officer, Nagar Palika. Mirzapur, as sweeper on 10.10.1991 on compassionate ground on probation of one year. He joined as sweeper from the dale of his appointment but his salary was not paid inspite of resolution dated 3.3.1993 passed by the Nagar Palika. The President also directed the Executive Officer to pay salary of petitioner. On 12.5.1993, the Executive Officer passed an order terminating the services of the petitioner. It i...
Deep Chand Vs. Sunder Lal and Others
Court: Allahabad
Decided on: Aug-31-2000
Reported in: 2000(4)AWC2826
R.H. Zaidi, J. 1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and decree dated 5.9.1997 passed by the trial court in S.C.C. Suit No. 79 of 1985 and the judgment and order dated 31.7.2000 passed by the revisional court in S.C.C. Revision No. 62 of 1997.2. Relevant facts of the case giving rise to the present petition, in brief, are that Shri Sunder Lal, respondent No. 1 filed a suit for ejectment and recovery of rent and damages against respondent Nos. 2 and 3 and the petitioner Shri Deep Chand, pleading that the building in dispute was let out to the respondent Nos. 2 and 3 at a monthly rent of Rs. 90 who have defaulted in payment of rent for 33 months. A notice of demand and termination of tenancy was served upon them on 22.7.1984 but they failed to pay the rent. On the other hand, they have sub-lei the premises in question to the petitioner...
Surya Nath Pandey Vs. 4th Addl. District Judge, Gorakhpur and Others
Court: Allahabad
Decided on: Aug-31-2000
Reported in: 2000(4)AWC2933
R. H. Zaidi, J.1. Present petition arises out of proceedings under Section 16 of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), (for short the Act), and is directed against the order dated 16.8.2000 whereby revisions filed by respondent Nos. 2 and 3 against the order of allotment dated 16.1.1986 and against the order dated 13.6.1986 dismissing the application under Section 16 (5) of the Act, passed by the Rent Control and Eviction Officer, were allowed by the revisional authority, IVth Additional District Judge, Gorakhpur.2. The facts of the case giving rise to the present petition, in brief, are that one Ayodhya Nath Dey happened to be the owner and landlord of the building in question. He died leaving behind Smt. Latika Sarkar, respondent No. 3, (daughter) and Deepu alias Subiechar Dey (son). During his lifetime, he had executed a will on 10.1.1977 in favour of his daughter. Smt. Latika Sarkar, bequeathing the property in ...
Vijai Pal Singh Vs. Secretary, Madhyamik Shiksha Parishad and anr.
Court: Allahabad
Decided on: Aug-31-2000
Reported in: (2000)3UPLBEC2510
S. Harkauli, J.1. Counter and rejoinder affidavit have been exchanged in this matter. The petitioner appeared in Intermediate Examination of U.P. Board in the year 1985. His result was withheld under W/B category and in accordance with rules a provisional mark-sheet was issued to the petitioner by the Principal of the College showing that the petitioner had passed in Second Division by award of two marks as grace marks in Physics.2. It appears that such provisonal mark-sheets are issued as enquiry into the matter of these nature takes time and if enquiry results ultimately in favour of the student, the particular student may not have to suffer loss of a academic year, therefore, on the strength of provisional mark-sheet, students gets the benefit of getting provisional admission to higher classes.3. It appears that the petitioner took admission to B.Sc. course in the Ruhelkhand University Bareilly. It has been stated on behalf of the petitioner that the petitioner completed two years c...
Smt. Shashi Kala Singh Vs. District Inspector of Schools, Mahrajganj a ...
Court: Allahabad
Decided on: Aug-30-2000
Reported in: 2000(4)AWC2732; (2000)3UPLBEC2327
S.R. Singh, J.1. Premlal Singhania Kanya Inter College, Siswa Bazar, Mahrajganj is a recognised Intermediate College, the affairs of which are husbanded by the Committee of Management constituted under and in accordance with the provisions of the U. P. Intermediate Education Act. 1921 (In short the 'Act'). Though recognised under the Act, the college has not yet been brought within the purview of the U. P. High School and Intermediate (Payment of Salary to Teachers and other Employees) Act, 1971 and recognition accorded to the Institution is sans financial aid (Vityavihin). The posts of teachers including Principal have not yet been sanctioned and the management has to fend on its own resources for payment of salary to teachers who. It would appear, have been appointed under Section 7AA of the Act. One of the conditions for recognition as contained in the order dated 16.1.1997 is 'Niyamanusar Ek Yogya Pradhancharya Kee Niyukta Kee Jaye'. This condition in the recognition order being An...
Nagar Palika Parishad, Shahjahanpur Vs. Ganga Ram and Another
Court: Allahabad
Decided on: Aug-30-2000
Reported in: 2000(4)AWC2785; (2000)3UPLBEC2305
ORDERBinod Kumar Roy and S.K. Jain,JJ. 1. The prayer of the pettttoner is to quash the order dated 2.2.1994 passed by District Forum Consumer Protection, Shahjahanpur, respondent No. 2, directing the petitioner to pay a sum of Rs. 2,000 as compensation for the inconvenience and trouble caused besides cost of Rs. 3.000 of the proceedings to respon-dent No. 1 (as contained in Annexure-3) in Complaint Case No. 834 of 1993 filed by respondent No. 1 Ganga Ram against the petitioner for granting suitable compensation and refund of the water taxes paid by him to the petitioner on the ground that his house has not been supplied regularly water by the petitioner despite several notices and who did not pay any heed to him.2. We find that on 17.1.1995 the following order was passed by the Bench before which this writ petition was placed for consideration :'Notices to respondent Nos. 1 and 2 to show cause why this petition be not admitted and disposed of at the admission stage. Counter-affidavit m...
Vijay Mohan and Others Vs. District Judge, Dehradun and Others
Court: Allahabad
Decided on: Aug-30-2000
Reported in: 2000(4)AWC2926
R.H. Zaidi, J.1. In this case counter and rejoinder-affidavits have already been filed, as desired by learned counsel for the parties this petition was heard and is being disposed of finally at this stage.2. Present petition arises out of proceedings 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 the Act), for release of the building. Municipal No. 3/1 and 3/2. Library Bazar. Mussoorle, Dehradun which consisted of shop-cum-residential accommodation against Shiv Dhan. father of the petitioners, who was the tenant of a shop on the ground floor and was also in occupation of the first and second floors of the said building. Itwas pleaded that the said building was bona fide and genuinely required to respondent No. 3. Plea of comparatively greater hardship was also taken in the said application. It was on 8.5.1994 that during the pendency of the said application, Shiv Dhan died leaving the p...
Trackparts of India Limited and ors. and Smt. Radkhika Bhargava and or ...
Court: Allahabad
Decided on: Aug-30-2000
Reported in: 2000CriLJ310
M.C. Jain, J.1. The dispute relates to a public limited company-Trackparts of India Ltd. which is appellant No. 1 in Appeal No. 2 of 2000 and respondent No. 6 in Appeal No. 3 of 2000. The said appellant No. 1 and appellants Nos. 2 to 5 were respondents before the Company Law Board (for short 'CLB') in Company Petition No. 35 of 1998. An application had been made there by the present respondents Nos. 1 to 5 under Section 397/398 of the Companies Act, 1956. Both the parties were on the board of directors. The appellants in the other Appeal No. 3 of 2000 are other shareholders of the company. In this appeal No. 3 of 2000, both the parties before the CLB in Company Petition No. 35 of 1998 have been arrayed as respondents. The appellants of this Appeal No. 3 of 2000 are family members/close relatives of appellants Nos. 2 to 5 of. Appeal No. 2 of 2000. In a sense, they are the alter ego of the appellants of Appeal No. 2 of 2000. The two appeals are connected with each other and are being dec...
Ashok Pandey, Advocate Vs. Union of India and Others
Court: Allahabad
Decided on: Aug-29-2000
Reported in: 2000(4)AWC3087
Shyamal Kumar Sen, C.J. 1. In the Instant writ petition, the petitioner an advocate, claiming to espouse the cause of the public in the form of Public Interest Litigation, has prayed for issuance of a writ in the nature of certiorari to quash the letter of respondent No. 2 as contained in Annexure-3 dated 11th January. 2000, to the writ petition. He further prayed for a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to clarify to all the State Governments that there cannot be an Additional Advocate General and to advise them to remove the Additional Advocate General appointed by them. Third prayer made in the writ petition is for issuance of a writ, order or direction in the nature of mandamus directing the respondent Nos. 3 and 4 not to allow respondent Nos. 5 to 8 to work as Advocate General and Additional Advocate General respectively and to cancel the order of appointment of respondent Nos. 5 to 8.2. The contention of the writ petitioner is...
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