Allahabad Court November 2002 Judgments
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U.P. State Spg. Co. Ltd. Vs. R.S. Pandey and anr.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC322; (2003)IILLJ699All
R.K. Agrawal, J.1. The present special appeal has been filed by U. P. Stale Spinning Company Ltd.. against the judgment and order dated 27.8.1996 passed by the learned single Judge in CM. Writ Petition No. 15027 of 1987 whereby the learned single Judge had allowed the writ petition and had quashed the order of termination dated 1.12.1987 passed against the respondent-writ petitioner No. 1 and 4.1.1988 passed against the respondent-writ petitioner No. 2.2. Briefly stated the facts giving rise to the present special appeal are as follows :'The two respondents--writ petitioners while working in the U. P. State Spinning Company Ltd., Maunath Bhanjan district Azamgarh, made a claim of 15% of the basic pay as interim relief as was being paid to the officer and clerical staff of the Headquarters as there was no reason for refusing the said relief to the staff of Maunath Bhanjan Unit of the appellant Mills. They also submitted a memorandum representing the clerical staff of the Mills. It appea...
General Manager, Modipon Fibre Co. Vs. Narendra Pal Gahlot
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC381
R.K. Agrawal, J.1. The General Manager, Modipon Fibre Company, Modlnagar, district Ghaziabad, have filed Special Appeal Nos. 803, 804 and 809 of 1993 against the Judgment and order dated 1.11.1993 passed by the learned single Judge in Civil Misc. Writ Petition No. 18116 of 1993, 18117 of 1993 and 18118 of 1993, whereby the learned single Judge had allowed the writ petitions filed by Narendra Pal Gahlot, respondent-writ petitioner in Special Appeal Nos. 803 of 1993, Om Pal Singh Chauhan, respondent-writ petitioner in Special Appeal No. 809 of 1993 and Atar Pal, respondent-writ petitioner in Special Appeal No. 804 of 1993.2. Special Appeal No. 413 of 1998, has been filed by Dharam Vir, Rajendra Sharma, Hari Ballabh Maheshwari, Suresh Sharma and Ahibaran Singh against the Judgment and order dated 27.4.1998, passed by the learned single Judge whereby the Civil Misc. Writ Petition No. 30351 of 1993 filed by them has been dismissed.3. Special Appeal No. 415 of 1998, has been filed by Jasveer...
Sanjay Kumar Singh Vs. Central Administrative Tribunal and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC406; (2003)1UPLBEC144
Rakesh Tiwari, J. 1. Heard the learned counsel for the parties and perused the records. 2. The aforesaid two writ petitions have been filed against the judgment and order dated 30.4.2002 passed by the Central Administrative Tribunal, Allahabad Bench, by which appointment of Sanjay Kumar Singh, petitioner in Civil Misc. Writ Petition No. 23938 of 2002, was quashed and the respondents were directed to appoint Gyan Prakash Yadav, respondent No. 6 in the said writ petition. 3. The short points involved in the present case are : (1) Whether Gyan Prakash Yadav was eligible for appointmenton the last date fixed for receiving applications, i.e., 20.11.1998? (2) Whether the Senior Superintendent of Post Offices (East Division), Varanasi, could have extended the date for submitting the proof of income and ownership of property during the extended period for submission of forms? 4. It is contended by the senior standing counsel that the last date for receiving applications was 20.11.1998 and on ...
Chhotkan Prasad and ors. Vs. Chief Secretary, Panchayati Raj and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC353
R.K. Agrawal, J. 1. These special appeals have been filed against a common judgment and order dated 8th January, 2002, passed by the learned single Judge of this Court in Civil Misc. Writ Petition No. 22874 of 2001, Krishan Kant Tiwari and Anr. v. State of U. P. and Ors., and other connected writ petitions whereby the learned single Judge had held that the Government order dated 6th June, 2001 is a decision of the State Government and employees who were transferred by the Government order dated 1st July, 2001, are not absorbed in any new service but are on deputation to Gram Panchayat and they can always be repatriated to their parent department. The learned single Judge further held that there is no illegality in transferring Sinchpal (Canal Department), Male Health Workers (Medical Department) and Sinchpal (Bhumi Vikas Evam Jal Sansthan) and the provisions of the Government orders dated 6th June, 2001, and 19th November, 2001 repatriating them to their parent department are valid. Ho...
State of U.P. and anr. Vs. Rakesh Kumar
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC327
R.K. Agrawal, J.1. The present special appeal has been filed against the judgment and order dated 10th March, 1999 passed by the learned single Judge whereby a direction in the nature of writ of mandamus has been issued commanding the present appellants who were respondents in the writ petition to give appointment to the respondent-writ petitioner on the post of Machine Assistant which fell vacant on 3rd November, 1989. This Court, however, directed that the service shall be deemed to have commenced after one month from the date when he had approached this Court, namely, 14th September, 1993, and the said period shall be counted towards his service. Further, if the petitioner has crossed the age limit in the meantime, the same should be overlooked since he had become eligible for appointment on 3rd November, 1989. However, he shall not be entitled for payment of salary for the period till the date of his appointment pursuant to this order. In case, the petitioner's appointment is made ...
Dr. Rajesh NaraIn Hajela Vs. Presiding Officer, Debts Recovery Tribuna ...
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC420; (2003)1UPLBEC79
S.P. Srivastava and M.P. Singh, JJ. 1. Heard, learned counsel for the petitioner. Learned counsel for the respondent-Bank, who has put in appearance on advance notice, has also been heard. 2. The suit filed by the State Bank of India against the petitioner was decreed, by the Civil Court of competent jurisdiction on 4.4.1996. This is claimed by the petitioner to be an ex parte decree. The Debt Recovery Tribunal, Allahabad, in theproceeding for executing the said decree issued a certificate for recovery of the decreed amount on 12.7.2001. 3. In the writ petition, it has been asserted that the amount sought to be recovered comes to Rs. 24,52,896.69. The suit had been filed in the year 1992 and the decretal amount has not been recovered as yet. The petitioner alleges that in the proceedings for execution of the decree for recovery of the aforesaid amount, the property of the defendants/judgment debtor has been attached which is now likely to be sold by public auction scheduled for 16.11.2...
Nand Kishore Vs. State Election Commission and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC394; (2003)1UPLBEC158
M. Katju, J. 1. This writ petition has been filed against the impugned order dated 27.7.2002 Annexure-1 to the petition passed by the Vth Additional District Judge, Meerut, by which he has allowed the election petition of Shoraj (respondent No. 5 in this petition) and has cancelled the election of respondent No. 6 Vishnu for the post of Adhyaksh, Nagar Panchayat, Qasba Kharkauda, tehsil and district Meerut and has further directed that Shoraj should be installed as the Adhyaksh of the Nagar Panchayat.2. It is alleged in paragraph 2 of the writ petition that in the election held in November, 2000, the respondent No. 6 Vishnu was elected as Adhyaksh of the Nagar Panchayat by defeating the respondent No. 5 Shoraj, the petitioner and six other candidates. In this election Vishnu the respondent No. 6 got 2,051 votes, the respondent No. 5 Shoraj got 1,544 votes and the other candidates got lesser votes. The respondent No. 5 filed an election petition challenging the election of Vishnu, and t...
Sher Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC414
R.K. Agrawal, J. 1. The present special appeal has been filed against the judgment and order dated 10.1.2001 passed by the learned single Judge in C.M. Writ Petition No. 35346 of 1997, whereby the writ petition has been dismissed. 2. Briefly stated the facts giving rise to the present special appeal are as follows : According to the appellant-writ petitioner, he was enrolled in the Indian Army on 25.2.1984. He was shifted to Holding Battery Depot Regiment Nasik Road Camp on 12.6.1996 and thereafter to R. P. Section Depot on 3.7.1996 on medical grounds. According to the appellant-writ petitioner, he was admonished by one Shri Sulkhan Singh, R.P. Hawaldar on 4.7.1996 and was asked to work under him. It is alleged that he was required to give a Bottle of Rum (wine) as bribe otherwise he was to face dire consequences. The appellant writ petitioners did not oblige and instead reported the matter to the Commanding Officer vide representation dated 16.7.1996. An inquiry was initiated but the ...
Arvind Kumar Vs. Principal Director, Process and Product Development C ...
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC601
G.P. Mathur, J. 1. There is a Society known as Process and Product Development Centre, which is functioning at Agra. The Society is wholly owned and managed by Government of India through the Ministry of Industries. Its object is to upgrade technological base of small scale casting and forging units. A selection was made for the post of Director (Project Development) for which the petitioner Arvind Kumar and respondent No. 4 S. K. Nitsure were applicants. After interview, etc. had been held, the respondent No. 4 was selected for the said post which has been challenged by means of present writ petition under Article 226 of the Constitution. The main prayers are that the selection and offer of appointment to respondent No. 4 may be quashed and a writ of mandamus be issued to appoint the next person in the merit list on the post of Director (Project Development).2. The selection of respondent No. 4 has been basically challenged on the ground that he does not have the qualification and exp...
Arun Kumar Kaushik and ors. Vs. Regional Manager, Meerut Region, U.P.S ...
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC617
S.N. Srivastava, J.1. These two petitions involve similar controversy to be decided and with the consent of the parties, they are being disposed of by a composite decision.2. Subject matter of impingement in the present petition is the order dated 24.7.2002 passed by Regional Manager, U. P. State Road Transport Corporation, Sohrab Gate, Meerut, whereby terminating the contract as a consequence flowing from general order of the Corporation dated 22.2.2002 and consequential order dated 27.2.2002.3. Civil Misc. Writ Petition No. 44688 of 2002, has been filed as a composite petition on behalf of seven petitioners. Similarly, Writ Petition No. 40874 of 2002, has been filed by equal number of petitioners for similarly relief. The petitioners claim to have been inducted into the service of the Corporation in the year 1999 on contract basis though on varying dates. The matrix of allegations in the petition is that the petitioners by reason their being dependants of retired employees of the Cor...
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