Allahabad Court May 2001 Judgments
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Radhey Shyam Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-21-2001
Reported in: 2001(4)AWC2574; (2002)1UPLBEC176
Bhanwar Singh, J. 1. This writ petition has been filed for a writ in the nature of certiorari quashing the oral termination order. A writ of mandamus commanding the opposite parties to regularise the petitioner on the post of Telephone Parichar has also been sought for.2. According to the matrix of the petitioner's case, he was selected for appointment to the post of Telephone Parichar (Attendant) on 5.3.1986 by a Selection Committee duly constituted for the purpose. After his selection, he was appointed as TelephoneAttendant on 1.8.1986 in leave arrangement of one Sri Jamil Ahmad who proceeded on marital leave. His appointment was to be valid until Sri Jamil Ahmad resumed his duty. Despite, that Jamil Ahmad never came back to take charge of his post. the petitioner's services were terminated in October. 1989, without any order in writing. He was paid his salary up to the month of November. 1988. but thereafter his salary was not disbursed in spite of his repeated requests to the Execu...
Mohd. Zaheer Siddiqui and ors. Vs. Mohd. Umar and anr.
Court: Allahabad
Decided on: May-21-2001
Reported in: 2001(4)AWC2570
Bhanwar Singh, J.1. This contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971, for the willful contempt, alleged to have been committed by the opposite parties, of the order dated 17.5.1978 passed by the Sessions Judge. Barabanki and the order dated 23,12.1999 issued by this Court.2. In short, the petitioners' case is that they and their ancestors have been in possession of the sahan land as shown in the sketch map, Annexure-1. from the times immemorial. To the south of the petitioners' sahan land is an open pathway and to the further south thereof, the land of galla mandi lying vacant. In the year 1977. one AtaharAll. a local politician, who harboured ill-will against the petitioners and their father, made an attempt to create a bogus dispute that the land of the courtyard and that of the pathway was part and parcel of galla mandi. At the instance of the said Atahar All. the Sub-Divisional Magistrate, who was also the then Administrator of the town are...
Katori Devi Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-21-2001
Reported in: 2001(4)AWC2576
Bhanwar Singh, J. 1. This writ petition has been filed under Article 226 of the Constitution of India praying for a writ in the nature of certiorari quashing the impugned orders dated 21.11.1997 and 22.2.1996, enclosed as Annexures-2 and 2A. Further, the petitioner has sought a writ in the nature of mandamus commanding the opposite parties to treat the period of her two years service after attaining the age of 58 years as extension of serviceinstead of reappointment. The petitioner has also staked her claim for grant of L.T. grade, promotional scale, payment of her salary in the revised pay-scale and revised pension accordingly.2. In brief, the petitioner's case is that she was initially appointed on 27.9.1968 on the post of Head Mistress in Rajkiya Kanya Junior High School, Baldev, district Mathura and she joined the said post. However, her services were terminated on 31.10.1968. She was again appointed as Assistant Teacher in Rajkiya Kanya Higher Secondary School, Tugana, district Me...
Ravindra Nath Yadav Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: May-21-2001
Reported in: [2001(90)FLR846]; (2001)2UPLBEC1757
A.K. Yog, J.1. This application has been filed by Ravindra Nath Yadav, applicant-petitioner with the prayer to dismiss the petition as infructuous in view of the fact that his services as Assistant Teacher, L.T. Grade have been regularised by the concerned Joint Director of Education, VII Region, Gorakhpur vide order dated 9th February, 2001.2. Affidavit has been filed in support of the said application by Petitioner Ravindra Nath Yadav himself. Photocopy of regularisation order dated 9th February, 2001 has been annexed at Annexure-1 to the said affidavit. A perusal of the said order dated 9th February, 2001 shows that Petitioner was found eligible and suitable for being regularised under Section 33-B(.l) of U.P. Secondary Education Services Selection Boards Act (as amended upto date) contemplating regularisation of ad hoc appointees on the basis of the record received from the office of the District Inspector of Schools along with his letter dated 20th June, 1998.3. Petitioner was, ad...
Shri Ram Pandey Vs. Senior Superintendent of Police and ors.
Court: Allahabad
Decided on: May-21-2001
Reported in: [2001(90)FLR738]; (2001)2UPLBEC1885
A.K. Yog, J.1. By means of the present petition under Article 226, Constitution of India, Shri Ram Pandey (Petitioner) seeks to challenge order dated August 28, 1999 passed by Respondent No. 4/State of Uttar Pradesh through Secretary, Ministry of Home (Police Department), U.P. Government, Lucknow (Annexure-14 to the Writ Petition).No Counter-affidavit has been filed on behalf of the Respondents as yet even though copy of the petition was served on 17th May, 2000. The petition is listed for admission today. Considering the nature of the averments and that all the Respondents are represented, the petition is being finally decided at admission stage as contemplated under Rules of Court.2. Heard Shri Prakash Padia, learned Counsel for the Petitioner and Shri J.P. Misra, learned Standing Counsel appearing on behalf of the Respondents.3. As per averments in the petition, father of the Petitioner one Tribhuvan Pandey was posted as 'Diwan' in the Department of Police at Varanasi and he was wor...
United Insurance Co. Ltd. Vs. Vidya Yadav and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: II(2001)ACC667; I(2002)ACC606; 2002ACJ606; 2001(2)AWC1605
S. Rafat Alam, J. 1. This appeal arises out of the award of the Motor Accident Claims Tribunal, dated 31.10.1998 given in Motor Accident Claim Case No. 191 of 1997.2. The short facts giving rise to the present appeal is that the deceased Santosh Kumar Yadav while going on a Tempo in the morning at 7.30 a.m. on 3.1.1997, met with an accident near St. Joseph's School. P.S. Chakeri, on account of which he sustained several injuries and ultimately died in the hospital the same evening. An F.I.R. was also lodged on the same day at about 8.30 a.m. alleging that the aforesaid tempo when reached near St. Josephs School, a tanker bearing registration No. UP 78-B/3274 coming from opposite direction, dashed into it, on account of which the deceased was badly injured. It was also alleged that the accident took place due to rash and negligent driving of the driver of the tanker. The widow, children andmother of the deceased who were dependent on him, filed Claim Case No. 191 of 1997 before the Moto...
Ram Nihor Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: 2001(2)AWC1630; (2001)2UPLBEC1523
A.K. Yog, J.1. A short counter-affidavit has been filed on behalf of all the respondents. Learned counsels for all the parties agreed that the case may be finally heard and decided at the admission stage as contemplated under Chapter XXII, Rule 2 (Second Proviso) of the Rules of the Court, 1952 (as amended upto date).2. Heard learned counsels appearing for the petitioner and Sri Vinod Swaroop, Additional Advocate General representing all the respondents.3. Facts of the case, required for decision of this petition, are not disputed.4. Ram Nihor Singh, petitioner, is a duly enrolled Advocate on the Rolls of the Bar Council of Uttar Pradesh. He is a regular legal practitioner of the District Court. He was appointed as Assistant District Government Counsel (Civil) in 1978 by the State Government to conduct cases on its behalf, as is evident from the perusal of the District Magistrate's letter dated October 6, 1978 (Annexure-3) to the Writ Petition). Vide Government letter February 3, 1980....
Abdul Hai Vs. Iiird Addl. District Judge, Basti and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: 2001(3)AWC1783
U.S. Tripathi, J. 1. The above writ petition has been filed for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 14.3.2001 passed by IIIrd Additional District Judge, Basti in Civil Appeal (Rent Appeal) No. 35 of 2000.2. The respondent Nos. 2 and 3, landlords, filed an application against the petitioner, tenant under Section 21 (1) (b) of U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972). hereinafter called the Act. for release of shop, which was part of premises No. 168 Ka. Ward No. 6 situate in Basti town on the ground that it was in dilapidated condition and required fresh construction mainly on the ground that initially premises in question was joint property of their father and other co-sharers. After death of their father, suit No. 115 of 1989 was filed for partition, which was decided in terms of compromise dated 21.10.1992. According to compromise, the shop in question came ...
Ram Chandra Vs. Dy. Director of Consolidation, Ghaziabad and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: 2001(3)AWC1799
R.H. Zaidi, J. 1. Heard learned counsel for the petitioner. None appeared on behalf of the respondents. However, learned standing counsel is present.2. 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 order dated 22.6.1988 passed by the Deputy Director of Consolidation and order dated 13.10.1987 passed by the Settlement Officer. Consolidation.3. The relevant facts of the case giving rise to the present petition, in brief, are that the petitioner purchased the land in dispute through registered sale deed dated 11.6.1981 and thereafter applied for mutation of his name in the revenue papers. The application filed by the petitioner was allowed by the Consolidation Officer by judgment and order dated 16.10.1985. The validity of the said order was challenged by the contesting respondent before the Settlement Officer. Consolidation. The Settlement Officer, Consol...
Niraj Kumar Tripathi Vs. School Management Committee and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: [2001(90)FLR377]; 2001LabIC3915; (2001)2UPLBEC1876
S. Ambwani, J. 1. Air Force School Bamrauli, Allahabad made an advertisement inviting applications from the candidates for 'Walk in Interview' on 19th September, 2000 for the post of P.G.T. Math (English Medium) C.B.S.E. Syllabus, requisite qualification M.Sc. (Math) with B.Ed. on 10th September. 2000 in English News 'Sunday Times of India'. Lucknow. In pursuance of the above advertisement, petitioner was interviewed and an appointment order was issued by the Wing Commander, Officer Incharge, Air Force School, Bamrauli, Allahabad on 22nd September, 2000. In this appointment letter, it was clearly mentioned that petitioner was selected for the post of P.G.T. (Math) on ad hoc basis in Air Force School, Bamrauli, Allahabad w.e.f. 20th September, 2000 in the scale of Rs. 4,000 basic plus 20% D.A. per month. The appointment order attached the terms and conditions of the appointment which were to be signed by the petitioner duly witnessed for acceptance. A form of agreement was also attached...
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