Allahabad Court April 2002 Judgments
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Sushil Kumar Srivastava and anr. Vs. U.P. Public Service Commission
Court: Allahabad
Decided on: Apr-12-2002
Reported in: 2002(3)AWC1839; (2002)3UPLBEC2488
Ashok Bhushan, J.1. Heard counsel for the petitioners and Sri B. N. Singh appearing for Uttar Pradesh Public Service Commission. Counter and rejoinder-affidavits have been exchanged and both the parties have agreed that writ petition be itself finally decided.2. By this writ petition, the petitioners have prayed for writ, order or direction of suitable nature commanding the respondents to permit the petitioners to appear in the personality test of Regional Inspector (Technical)/ Assistant Regional Inspector (Technical) Examination, 1999 scheduled to be held on 4/5/6th January, 2001, treating the petitioners as having qualified for the same on the basis of the marks secured by them in the written and practical test. A further prayer has been made seeking a writ, order or direction commanding the respondents to treat the petitioners as having qualified for the personality test in pursuance to the above mentioned, examination on the basis of the aggregate marks secured by them on the basi...
Smt. Nayyer Subzwari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-12-2002
Reported in: 2002(3)AWC2117; (2002)2UPLBEC1832
S.K. Singh, J.1. The fight in this petition is in respect to the post of Principal in an intermediate college known as G.D.A.V, Kanya Inter College, Anushahr. Bulandshahr (hereinafter referred to as the college).2. In pursuance of an advertisement No. 1/95-96 dated 13.12.1995, by which applications were invited against existing substantive vacancy of the Principal the petitioner besides large number of other candidates applied. The petitioner having been selected by the U. P. Secondary Education Services Commission, Allahabad (now U. P. Secondary Education Services Board, Allahabad) (hereinafter referred to as the Board), for appointment as Principal, her name was finally shown in the panel for the post of Principal in the college. The panel was forwarded by the Board on 15.4.1997. On 22.1.1999, the District Inspector of Schools directed the management of the college to issue appointment letter to the petitioner and to permit her to Join after verification of certificates of educationa...
Raja Ram Vishwakarma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-12-2002
Reported in: 2002(3)AWC2519
R.B. Misra, J. 1. In this writ petition, the petitioner has challenged the order dated 13.8.1990 (Annexure-4) to the writ petition terminating the services of the petitioner. Heard Sri H. S. N. Tripathi, earned counsel for the petitioner as well as learned standing counsel for the respondents. 2. The brief I'acts necessary for adjudication of the present writ petition are that the petitioner was initially appointed on the 'Taqabi Amin' in the department of Agriculture an the basis of selection on 29.3.1971. subsequently his services were retrenched from August, 1975. A notification dated 27.6.1978 was also Issued for absorbing the retrenched Taqabi Amins' of the department in revenue department. The petitioner continued as seasonal collection amin in tehsil 'Nagaurth, district Siddharth Nagar (old district Basti) but the service of the petitioner was regulated by the Uttar Pradesh Collection Amins Service Rules, 1974. as amended from time to time. On 13.4.1990 the service of the petiti...
Trilok Nath Mittal Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-12-2002
Reported in: 2003CriLJ184; 2002(82)ECC70; 2003(154)ELT374(All)
ORDER1. The petitioners in both these petitions are accused in Criminal Case No. 1597 of 2000 for offences under Sections 132, 135(1)(a) and 135(1)(b), 136 of the Customs Act 1962. They have made request for quashing of the said complaint. Therefore, both these petitions are being disposed of by this common judgment. 2. The facts of the case in brief are as follows :- The officers of Directorate and Revenue Intelligence, New Delhi acting on the basis of intelligence information that two trucks containing ball bearings of foreign origin have been unloaded in the premises of M/s. Doob Exims, Mawana Road, Meerut and the same had been cleared from LCD.,Meerut by making false declaration regarding quantity, value and the country of origin, raided the said premises in village Saini, Meerut at 5.00 p.m. on 18-7-2000. They found that one person was trying to flee from the spot by scaling the boundary wall of the premises. He was over powered and taken in to custody, who is petitioner, Pawan Ku...
Shri Krishna Master and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-12-2002
Reported in: 2002CriLJ3653
J.C. Gupta, J.1. All the three above-named appellants are real brothers being sons of Nanhey Lal. They have been convicted and sentenced to death under Section 302 read with Section 34, I.P.C. Each of them has been further sentenced to a fine of Rs. 10,000/- and in default of payment of fine to undergo two years' R.I. by the judgment and order dated 22-2-2001 passed by the Special Judge (E.C. Act), Farrukhabad in Sessions Trial No. 17 of 1992.2. The prosecution story, in brief, was that about 10-15 days before the occurrence in question Sontara daughter of accused-appellant Shri Krishna had eloped with Amar Singh son of Jhabbu Lal, PW-1. On account of this appellant became inimical to Jhabbu Lal and his neighbour Gulzari. Shri Krishna put a pressure upon Jhabbu Lal and told him that his daughter should be given back to him before Sunday else no members of his family would be left alive. On this Jhabbu Lal made a search of his son Amar Singh and Sontara but they were not found. It is fu...
Ram Dutta Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-11-2002
Reported in: 2002(2)AWC1634
S.P. Srivastava and D.R. Chaudhary, JJ. 1. Heard the learned counsel for the petitioner as well as the learned counsel representing the respondent Nos. 1 and 2. 2. Perused the record. 3. The petitioner while he was holding the post of Assistant Development Officer had appeared at the selection test held by U. P. Public Service Commission through a competitive examination for being appointed against a vacancy in the post of Block Development Officer. The competitive examination held by the U. P. Public Service Commissionwas for selecting the suitable persons for appointment against the available vacancies in the posts of Block Development Officer, Assistant Employment Officer and District Harljan and Social Welfare Officer. The competitive examination was held in the year 1981. Its result was declared on 10.6.1983. The petitioner could not get his name placed in the merit list but on the basis of his performance succeeded in getting his name placed at serial No. 6 in the waiting list wh...
Jogendra Pal Singh Vs. Superintendent of Post Officers, Agra Division, ...
Court: Allahabad
Decided on: Apr-11-2002
Reported in: 2002(2)AWC1666
M. Katju and Rakesh Tiwari, JJ. 1. Heard learned counsel for the parties. 2. Petitioner is challenging the impugned order of the Central Administrative Tribunal. Allahabad, dated 2.8.2000. 3. We have carefully perused the impugned order and find no illegality in the same. 4. In paragraph 5 of the judgment of the Tribunal, it was observed that the post for which the petitioner seeks appointment, has already been banned and declared dying cadre. Hence, we find no infirmity in the Tribunal's order. 5. The petition is dismissed. ...
Mahendra Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-11-2002
Reported in: 2002(2)AWC1629; (2002)2UPLBEC1699
G.P. Mathur, J. 1. These writ petitions under Article 226 of the Constitution have been filed for quashing of the notifications issued under Sections 4(1) and 6 of the Land Acquisition Act. Both the writ petitions seek quashing of the same notifications and, therefore, they are being disposed of by a common order. 2. The State Government issued a notification dated 20.5.1996 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act] for acquiring certain land in village Bhiwai, Pargana Shikohabad, district Firozabad for the purpose of construction of a market-yard of Krishi Utpadan Mandi Samiti. Sirsaganj in district Firozabad under a planned development scheme. This was followed by another notification dated 27.12.1997 under Section 6 of the Act. There is a recital in the notification under Section 4 that the Governor, being of the opinion that provisions of Sub-section (1) ofSection 17 of the Act are applicable inasmuch as the land was urgently lequired for c...
Nankoo Vs. National Textile Corporation Ltd. and ors.
Court: Allahabad
Decided on: Apr-11-2002
Reported in: 2002(2)AWC1678; [2002(93)FLR1165]; (2002)3UPLBEC2411
R.B. Misra, J. 1. In this writ petition, the petitioner has challenged the orders dated 24.2.1987 and 4,6.1991 passed by the General Manager with a further prayer seeking directions to the respondents to treat the petitioner in service as a Fitter in 'Blow Room General Shift Mill' No, 1 at Swadeshi Cotton Mills Ltd., Naini, Allahabad upto the year 1995. 2. Heard learned counsel for the petitioner as well as learned counsel for the respondents. 3. The relevant facts necessary for adjudication of the writ petition are that the petitioner was appointed as a Fitter in Blow Room of Swadeshi Cotton Mills Limited. Naini. Allahabad (in short called 'the Mills'), which is owned and controlled by the Union of India. In the service card and identity card, the age of the petitioner was recorded year 1935, however, In the provident fund, the date of birth of the petitioner had been shown year 1928 and taking the same, the petitioner had been made to retire w.e.f. 25.2.1987, i.e,, at the age of 58 y...
Rajendra Singh Vs. Accountant General, U.P., Lekha Ii and ors.
Court: Allahabad
Decided on: Apr-11-2002
Reported in: 2002(3)AWC1804; (2002)3UPLBEC2118
S.N. Srivastava, J. 1. By way of the present writ petition, the petitioner made following prayers : (i) To issue a writ, order or direction in the nature of mandamus directing the respondents to give pension to the petitioner in pursuance of G.O. dated 1.7.1989 (Annexure-6 to this petition) ; (ii) To issue any other suitable writ, order or direction which may be deemed to be just and proper under the circumstances of the case. 2. According to Shri Ranjeet Saxena, learned counsel for the petitioner, the petitioner was appointed on 12.10.1964 in work charge establishment and worked till 30.12.1991, more than ten years, as such, he is entitled to get pension. He further urged that though he was not permanent employee and was continuing as temporary employee, he is entitled to get pension under Government order dated 1.7.1989 (Annexure-6 to the writ petition). He further relied on the following cases also in support of his contention that unconfirmed regular employee is also entitled to g...
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