Allahabad Court October 2002 Judgments
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Ram Sanehi Parasar Vs. U.P. Subordinate Service Selection Commission a ...
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC301
S.K. Singh, J. 1. By means of this writ petition, petitioner has prayed for issuance of writ in the nature of certiorari quashing the impugned result dated 12.10.1994 as appeared in the news paper 'Dainik Jagran' dated 12.10.1994 published from Lucknow. There is further prayer for quashing the entire selection process in pursuance of the advertisement No. 1/92-93 dated 23.5.1992, issued by the respondents for the recruitment of the assistant teachers in the Government Inter Colleges of the State. By way of an amendment, a further prayer has been made that respondents be commanded to appoint the petitioner on the post of Assistant Teacher in the subject of Biology in any of the Government colleges run by the State of U. P.2. Pleading between the parties is complete and, therefore, as prayed, the writ petition is being heard and is being decided finally.3. Heard Sri H.N. Singh, advocate who appeared for the petitioner and Sri U.K. Pandey, learned standing counsel who appeared for the res...
Anuj Bansal Vs. Collector and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC111
G. P. Mathur, J.1. This petition under Article 226 of the Constitutionhas been filed for quashing the citation dated 24.9.2002 (Annexure-13 to the writ petition) and for restraining the respondents from taking any coercive action against the petitioner.2. M/s. Nehru Steel Rolling Mills (hereinafter referred to as the Rolling Mills) was sanctioned a load of 700 K.V.A. and an agreement was executed between the aforesaid Rolling Mills and U. P. State Electricity Board (U.P.S.E.B.) (now U. P. Power Corporation Ltd.). On behalf of the Rolling Mills, the agreement was signed by the petitioner Anuj Bansal. On 11.5.1994, a check/raid of the Rolling Mills was done by the staff of U.P.S.E.B. and they found that theft of electricity was being committed. The electricity connection was disconnected on the same day and thereafter an assessment bill of Rs. 92,92, 215.40 was issued. Subsequently, a final bill was prepared on 13.12.1995 for Rs. 1,25,22,329 and recovery was sought to be made in accordan...
Sushil Kumar Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC159; (2003)1UPLBEC111
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. The petitioner was appointed on the post of Work Supervisor in the P.W.D. Office at Banda w.e.f. 26.10.1989 as a daily wage employee for a period of three months. He was thereafter engaged from time to time for a specified period of three months in the exigency of work and his services came to an end in October, 1992.3. The petitioner has Diploma in Civil Engineering. He contends that as he had continuously worked for more than 240 days without any break in the service during the period 26.10.1989 to 25.3.1994, and claimed that he Is entitled for regularisation, he submits that respondents have not engaged him after 25.3.1994 which is illegal, arbitrary and without jurisdiction as the respondents have failed to act in accordance with law and the directions given by the State Government. In the petition, he has prayed for issuance of a writ, order or direction in the nature of mandamus directing the responde...
Heera Lal Vs. Regional Manager, U.P.S.R.T.C. and anr.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC135
Rakesh Tiwari, J.1. The petitioner was a Driver/Instructor In the U. P. State Road Transport Corporation (hereinafter referred to as the Corporation). He retired from service on 24.9.1991 in pursuance of an order passed by the Regional Manager of the Corporation.2. The case of the petitioner is that his date of birth is 28.6.1937 but it is wrongly recorded in his service book as 18.10.1933 and as such the order of retirement of the petitioner at the age of 58 years is illegal.3. At the time of admission of the petition, the following interim order was passed on 16.11.1991 :'In the meanwhile, the petitioner shall not be retired from service till he attains the age of 60 years from the service record or 31.10.1993, whichever is earlier.'4. The issue germane to the controversy involved in the writ petition is as to whether actual date of birth recorded in the certificate will be basis for counting the age of superannuation. The petitioner contends that the Corporation is an industrial est...
Shiv Narayan Upadhyay Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC208
Rakesh Tiwari, J. 1. The brief facts of the case are that the petitioner joined the service as a Runner, which is a Class IV post, under the Executive Engineer, Sharda Sahayak Khand, Jaunpur on 2.1.1972. He had passed Class V from Primary School, Mahul, Azamgarh and his date of birth, as mentioned in the school's record, is 1.9.1939. A photo copy of the school leaving certificate issued by the Head Master and counter- signed by the Upper Vidyalaya Up-Nirikshak (Sub-Deputy Inspector of Schools) has been appended as Annexure-1 to the writ petition.2. According to the date of birth, as recorded in the service book of the petitioner, respondent No. 2 has arbitrarily passed an order, dated 31.1.1991 to the effect that the petitioner had completed his age of superannuation on 30.9.1990. It is alleged by the petitioner that before passing of this arbitrary order, he was not given any opportunity or notice and as such, the impugned order, dated 31.1.1991, passed by respondent No. 2 is illegal ...
Brij Nath Singh Vs. Anpara thermal Project, U.P. State Electricity Boa ...
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC156; [2002(95)FLR837]
Rakesh Tiwari, J.1. Heard the counsel for the parties.2. The claim of the petitioner is that he was given a temporary appointment on 10.2.1984 on the post of caretaker on a monthly salary of Rs. 500 in the field hostel of the Anpara Thermal Project and since then he has been working on the said post.3. It is alleged by him that the pay scale of caretaker has been fixed by the Board by its order dated 30.6.1987 in pay scale of Rs. 490-750, therefore, he is entitled for the same. It is further alleged that since he worked for more than 7 years and as such he should be regularized in service. The petitioner contends that the respondents have been depriving him of the status of a regular/ permanent employee and have been keeping him as a temporary/casual employee, which is against the provisions of Sections 25T and 25U of the Industrial Disputes Act, 1947.4. In the counter-affidavit, the respondents have submitted that hundred of contractors are engaged against various work contracts in re...
Shiv Lal Vs. Sub-divisional Magistrate and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(1)AWC203; (2003)1UPLBEC575
Anjani Kumar, J.1. Petitioner who claims to have been selected on the class IV post in the selection held on 20.2.1980, made a complaint that though he was given opportunity to work from time to time on temporary/ad hoc basis but he has not been regularly selected and. Instead the petitioner, other persons have been appointed. The petitioner has impleaded the name of those persons as respondent Nos. 4, 5 and 6 in the writ petition. Counter-affidavit has been filed on behalf of, these contesting respondent Nos. 4, 5 and 6 stating therein that in the Tehsil Office of Baberoo, district Banda, the petitioner's name was empanelled at a list prepared on 20.2.1980 but the life of the said Panel was only one year and the same was extinguished after one year. The petitioner has never been selected pursuant to the aforesaid empanelment as there was no vacancy available. It is admitted in the counter-affidavit that the petitioner was allowed to work from time to time due to contingency and requir...
Debi Das (Deceased) and Etc. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: AIR2003All14; 2003(3)AWC1921
ORDERB.K. Rathi, J.1. The property in dispute is site No. 48, Civil Lines, Allahabad having an area of 14,400 sq. yards, on the portion of which bungalow No. 17/27, Elgin Road and 1 Stretchy Road exist. Three suits regarding this property have been filed In the Court of Civil Judge, (Senior Division), Allahabad, in which Debi Das, the revisionist is common plaintiff and in other two suits some others have been Joined as co-plaintiffs. In brief the allegations of the revisionists are that the land of this bungalow is nazul land and revisionist Debi Das is the lessee of the same. 2. It is further alleged that the lease of the nazul land was last renewed in favour of Sri Debi Das on 21-12-1989 by the Commissioner, Allahabad Division, Allahabad by the deed, Annexure No. 1 to the affidavit filed in support of the revision. That therefore, he continues to be lessee of the nazul land. That the State Government has decided to confer the free hold rights upon lessees of the nazul land. That acc...
Mohan Singh Sharma Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(3)AWC1724; (2003)1UPLBEC290
Anjani Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India petitioner, who was a constable in U. P. Police, has prayed for quashing of the order dated 24th November, 1993, Annexure-7 to the writ petition, passed by respondent No. 2 and also sought for a writ of mandamus commanding the respondents to treat the petitioner in service and pay full salaries with all benefits.2. The facts leading to the filing of present writ petition are that petitioner, according to his application dated 25.6.1386, a copy of which is being annexed as Annexure-1 to the writ petition, applied for voluntary retirement on 25.6.1986, on the ground that he had joined the services of the department on 17.10.1965 and has completed 20 years of service. It is also stated in the said application, which as stated above is annexed as Annexure-1 to the writ petition, that the petitioner is physically weak and also suffering from illness and thus he is unable to serve the Gove...
Dev Sharan Kushwaha Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(3)AWC1726; (2003)1UPLBEC338
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. By means of this writ petition, a relief in the nature of mandamus has been sought by the petitioner for a direction to the respondents to regularize him in services.3. The petitioner was appointed temporarily as Field Assistant by respondent No. 2 on 1.1.1989 in Bareilly depot. He was transferred from Bareilly Depot to Khatima Depot, district Nainltal and worked there from 13.6.1989 to 30.6.1990. It is alleged that the post of Field Assistant was abolished by the respondents, therefore, the petitioner approached respondent No. 3 who directed respondent No. 2 to appoint the petitioner in some vacancy which is available. The respondent No. 2 by his order dated 1.7.1990 directed the petitioner to work on a vacant post of chowkidar,4. It is alleged by the petitioner that he rendered his services as chowkidar till 13.8.1991 and thereafter was transferred from Khatima to Pllibhit Headquarters by order dated 29th Jul...
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