Allahabad Court August 2001 Judgments
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Jagdish Mani Tripathi Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-17-2001
Reported in: 2001(4)AWC2663; (2001)3UPLBEC2664
Ashok Bhushan, J.1. Heard Sri K. D. Mishra and Sri S. K. Mishra counsel appearing for the petitioner. Sri Sada Nand Shukla appearing for respondent No. 3 and learned standing counsel appearing for respondent Nos. 1, 2 and 4.2. Counter and rejoinder-affidavits have been exchanged and with the consent of the parties, the writ petition is being finally disposeof.3. This writ petition has been filed by the petitioner praying for a writ of mandamus commanding the respondents to grant dearness allowance on his pension at a rate equivalent to the rate of dearness allowance being paid to retired employees of U.P. Government. It has further been prayed that mandamus be issued directing the respondents to pay interest at the market rate on the delayed payment of pension and gratuity.4. The facts of the case as set out in the writ petition are ; petitioner was appointed as Chungi Moharrir (Octroi Clerk) in Nagar Palika Parishad, Deoria. He retired after attaining the age of superannuation on 31st...
Brij Raj Swarup Bhatnagar Vs. District Inspector of Schools, Ghaziabad ...
Court: Allahabad
Decided on: Aug-17-2001
Reported in: 2001(4)AWC2773; (2001)3UPLBEC2681
Ashok Bhushan, J. 1. These two writ petitions involve common question of facts and law hence are being decided together. In both the writ petitions counter and rejoinder-affidavits have been exchanged and with the consent of the parties the writ petitions are being finally decided. 2. Facts of the case as emerge from the pleadings of both the parties in above two writ petitions are as follows : There is a recognised institution, namely, Chandi Vidyalaya Intermediate College, Pilkhuwa, district Ghaziabad. The said institution is receiving grant-in-aid from the State Government and governed by the U. P. Act No. 24 of 1971. Petitioner who has described himself as Brij Raj Swarup Bhatnagar in the first writ petition (16532 of 1994) and as Brij Swarup Bhatnagar in second writ petition (17510 of 1995) claimed to be appointed as lecturer Biology on 12.7.1971 in the college. Post of Principal fell vacant due to retirement of permanent incumbent. Sri C.L. Goyal was officiating as Principal who ...
Krishnavatar Shukla Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-17-2001
Reported in: 2001(4)AWC2652
Ashok Bhushan, J.1. Heard Sri D. S. Srivastava, counsel for the petitioner and Sri S. S. Sharma, standing counsel appearing for therespondents.2. Counter and rejoinder-affidavits have been exchanged and with the consent of the parties the writ petition is being finally decided.3. This writ petition has been filed by the petitioner praying for issue of a writ, order or direction in the nature of certiorari quashing the order dated 16th August, 1990, passed by the Executive Engineer, Rural Engineering Services, Banda Division, Banda. The aforesaid decision was taken in pursuance of the direction issued by the Chief Engineer that in the office no work charge employees or daily wage employees be allowed to continue.4. The petitioner's case is that he was appointed in the department of Rural Engineering Services as work charge chowkidar in the year 1988 at the rate of Rs. 300 per month. The petitioner worked from 6th April, 1988 to 3.1.1989. Petitioner's case is that the Chief Engineer pass...
Prof. Ram Vir Singh Vs. Chairman, Kendriya Hindi Shikshan Mandal, Mini ...
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2001(3)AWC2273; [2002(92)FLR580]; (2001)3UPLBEC2177
S.R. Singh and D. R. Chaudhary, JJ.1. Kendriya Hindi Shikshan Mandal (hereinafter referred to as the 'Mandal') is a society registered under the Societies Registration Act, 1860 the registered office of which is situated at Agra. The objects professed in the Memorandum of Association of the aforestated society for which the Mandal is established are : 'To establish and to carry on the administration and management of the Central Institute of Hindi, i.e., Kendriya Hindi Sansthan. Agra (hereinafter to be called in abbreviated form as the 'Sansthan')'. The functions of the Mandal are to improve the standard of teaching of Hindi at various levels, to train Hindi teachers, to provide for the advanced study of Hindi language and literature and comparative linguistics of different Indian languages in relation to Hindi, to organise research in the teaching of the subject, to formulate, undertake, and facilitate such courses as are conducive to the development and propagation of Hindi as an all...
Desh Deepak Tripathi Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2001(4)AWC2493; [2001(90)FLR1131]; (2002)1UPLBEC187
D.S. Sinha, J.1. Heard Shri C. P. Gupta, the learned counsel appearing for the petitioner, and Shri Sandeep Mookherji, the learned standing counsel of the State of U. P., representing the respondent No. 1.2. Armed with the order dated 16th January, 1989, passed by the Vice-Chancellor of the Purvanchal University, Jaunpur (W.P. Annexure-4), the resolution dated 5th January, 1991 passed by the Executive Council of the University (W.P. Annexure-6), certificate dated 30th January, 1992, issued by the Registrar of the University (W.P. Annexure-5), the office order dated 8th February, 1991, issued by the Registrar of the University (W.P. Annexure-7), the order dated 14th May, 1992, passed by the Vice-Chancellor of the University (W.P. Annexure-8), and the communication dated 9th June, 1992, of the Registrar of the University (W.P. Annexure-9), the petitioner, a routine clerk Of the University, appointed vide ofder dated 25th May, 1989 (W.P. Annexure-3) on ad hoc basis and on one year's proba...
Hasi Devi Yadav Vs. Regional Transport Officer, Varanasi and ors.
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2001(4)AWC2711
Sudhir Narain, J. 1. This writ petition is directed against the order dated 19th July. 2001, passed by the Regional Transport Officer, Varanasi, whereby he has directed to pay ten times of the tax due against the petitioner as penalty. 2. The petitioner is owner of Vehicle No. WB-03-A 6048. The Assistant Regional Transport Officer, Varanasi. seized the vehicle in question on 13th July. 2001 under Section 207 of the Motor Vehicles Act. 1988. on the ground that the petitioner was plying the vehicle without registration certificate and permit. On 19th July, 2001, the petitioner made an application to release the vehicle in question and prayed that since the vehicle of the petitioner was plying without permit, she was ready to deposit penalty as provided under (he law. 'Respondent No. l, on the application of the petitioner, directed her vide impugned order dated 19th July. 2001 to pay ten times of the tax due against her and on such deposit, the vehicle shall be released. 3. Learned couns...
Arun Kumar Choubey Vs. Administrator, Nagar Palika, Mirzapur and anr.
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2001(4)AWC2705; [2001(91)FLR361]; (2001)3UPLBEC2198
R.H. Zaidi, J.1. In all the above noted petitions, common questions of law and fact are involved, they were, therefore, heard together and are being disposed of by this common judgment. Writ Petition No. 36179 of 1991, shall be the leading case.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 orderdated 28.11.1991, whereby the Administrator of Nagar Palika, Mirzapur, has terminated the services of the petitioner in exercise of power under Rule 11 of the Rules, known as the U.P. Municipal Board Services [Inquiry, Punishment and Termination of Services) Rules, for short 'the Rules'.3. The relevant facts of the case giving rise to the present petition. In brief, are that, according to the petitioner, he was appointed as clerk grade II on daily wage basis for a period of three months only by the then President of the Municipal Board, Mirzapur, by order date...
Sumit Kumar and ors. Vs. Uttar Pradesh Public Service Commission, Alla ...
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2001(4)AWC2805; (2001)3UPLBEC2310
S.R. Singh, J.1. The petitioners in this bunch of writ petitions applied for and appeared in the U. P. Combined State/Subordinate Services (Pre) Examination, 2001. On the declaration of result on 28.6.2001, they found themselves to have failed to succeed for the main examination. The petitioners who claim to have brilliant academic record have now approached this Court for issuance of writ in the nature of mandamus directing the respondent the U. P. Public Service Commission to produce the record of the U. P. Combined State/Subordinate Service (Pre) Examination, 2001, and upon evaluation of their answer sheets, direct the Commission to treat them as successful candidates entitled to appear in the main examination.2. We have had heard counsel appearing for the petitioners in their respective cases and Sri B. N. Singh representing the U. P. Public Service Commission as well as learned standing counsel representing the State. We have also perused the answer sheets of some of the petitione...
Lalji Vs. Deputy Director, Consolidation, Varanasi and ors.
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2001(4)AWC2743
R.R. Yadav, J.1. Heard the learned counsel for the petitioner. Perused the order impugned dated 4.8.2001 (Annexure-1 to the writ petition) whereby ad-interim stay order has been modified by the Deputy Director of Consolidation, Varanasi.2. At the first instance, it is held that ordinarily no writ petition is maintainable against interlocutory order modifying the ad interim stay order unless compelling unconscionable reasons are demonstrated. The writ petition against interlocutory order cannot be entertained as a matter of course under Article 227 of the Constitution. The present writ petition is not maintainable against Interlocutory order and an argument contrary to it is not acceptable.3. It is contended by the learned counsel for the petitioner that he has no objection, if the chak is demarcated on the spot, but delivery of possession should not be made because crops of the petitioner are standing over a portion of chak which is likely to be disturbed causing prejudice to him.4. Th...
Kamlesh Kumar Pandey Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-16-2001
Reported in: [2001(91)FLR289]; (2001)3UPLBEC2188
A.K. Yog, J.1. Heard Sri Manoj Mishra, Advocate, representing the Petitioner and Sri S. K. Garg, learned Standing Counsel appearing on behalf of all the Respondent Nos. 1 and 2. Petition is finally decided at the admission stage as contemplated under 'Rules of Court' and also agreed by the learned Counsels for the parties.2. One Shyam Narain Pandey (father of the petitioner) holding a Class HI post in a Department of Government of U.P. died on 29.6.1999. Petitioner applied for compassionate appointment, disclosing that he had passed Intermediate Examination, 1988 from U.P. Board. There is no explanation for the period between 1988 to June, 1999. Petitioner was given compassionate appointment under Dying in Harness Rules vide appointment letter dated 18.4.2000/ Annexure 6 to the Writ Petition mentioning that services of the Petitioner were absolutely temporary and liable to be terminated any time without prior notice. It also recited that Petitioner's services were initially on probatio...
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