Allahabad Court December 2003 Judgments
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Smt. Alka Mishra Vs. Dy. Director of Education (Secondary) and ors.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004(2)AWC1153
ORDERN.K. Mehrotra, J.1. This is a writ petition under Article 226 of the Constitution for issuing a writ of mandamus directing the opposite parties to appoint the petitioner on the post of L.T. Grade Teacher /Assistant Teacher according to her qualification under dying-in-harness rules and to consider her claim for appointment according to her qualification in pursuance of the Government order dated 2.2.1995. The case of the petitioner is that her father Misri Prasad Awasthi was a L.T. grade teacher in Jagat Jit Inter College, Ikauna, district Bahralch, who died on 30.6.1991. The petitioner was given appointment in place of her father under the dying-in-harness rules on a non-teaching post on 5.11.1992. She possesses M.A. B.Ed. qualification. The Regulation Nos. 101, 103 to 107 were amended by Notification dated 2nd February, 1995, as contained in Annexure-5 and now it has been provided that the appointment can be given in trained graduate scale of teachers in the case of compassionat...
Rama Shanker Singh Vs. D.i.O.S. and ors.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004(2)AWC1163; (2004)2UPLBEC1612
R. B. Misra, J.1. Heard Sri Ashok Khare learned counsel for the petitioner as well as learned standing counsel.2. In this petition the prayer has been made quashing the order dated 23.3.1993, passed by the District Inspector of Schools, Gorakhpur (Annexure-6 to the writ petition) whereby the D.I.O.S. has refused the payment of salary by saying that the teachers of primary school could never be validly promoted to the vacant post of teachers in High School and Intermediate College.3. According to the petitioner, he was appointed as assistant teacher in primary section on 8th July, 1970 in Neena Thapa Inter College, Gorakhpur, a recognised and aided educational institution governed by the provisions of U, P. Intermediate Education Act, 1921 (in short called 'Act 1921') and U. P. Secondary Education Service Commission and Selection Act (Act No. 5 of 1982) and U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971, i.e., (U. P. Act No. 2...
Anil Kumar Srivastava Vs. Senior Regional Manager, Punjab National Ban ...
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004(2)AWC1151
ORDERN.K. Mehrotra, J.1. By means of this writ petition, the petitioner has challenged the pending disciplinary enquiry and the charge-sheet against the petitioner. The petitioner has prayed for issuing a writ of certiorari for quashing the institution of the disciplinary enquiry as contained in Annexure-3. It has been further prayed for a writ of mandamus commanding Shri A. K. Mishra Senior Manager Punjab National Bank respondent No. 5, the General Secretary of the Punjab National Bank Staff Association, U.P. to intervene effectively in accordance with law on behalf of the petitioner in preventing the violation of para 11 of bi-partite settlement dated 10.4.2002.2. Heard the learned counsel for the petitioner and Sri Sharad Bhatnagar learned counsel for the opposite party No. 1.3. The petitioner is employee of Punjab National Bank he has filed the writ petition by impleading the Senior Regional Manager by name and by his office. Shrl Anand Agrawal, Enquiry Officer, Shrl A. K. Mishra, ...
Gita Awasthi Vs. University of Lucknow and anr.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004(2)AWC1155
ORDERN.K. Mehrotra, J.1. This is a writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of mandamus commanding the opposite parties to appoint the petitioner on the compassionate ground on suitable post as per her qualification and for direction to the opposite party No. 1 to decide the representation of the petitioner dated 10.6.2003, by a speaking order. On the first date of hearing on admission, the learned counsel for the Lucknow University sought time to show the Rules applicable for giving appointment on compassionate ground but on the subsequent date surprisingly nobody appeared from the side of the Lucknow University.2. Learned counsel for the petitioner herself has filed a supplementary-affidavit enclosing the copy of the dying-in-harness rules applicable in the matter of the State Government employees and it has been averred in the affidavit that these rules have been adopted by the Lucknow University for the non-_teaching staff of the...
Smt. Sultana Sayeeda Vs. Additional D.J. and ors.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004(2)AWC1260
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The writ petition has been filed challenging the orders dated 27.2.2001 and 29.5.2001 passed by the Civil Judge (Senior Judge) and the Additional District Judge, Meerut respectively, refusing to restore the Original Suit No, 888 of 1994, alleged to have been passed on a fraudulent compromise decree.3. Since practising fraud and committing forgery in Court records is alleged in passing the decree, It is necessary to give some facts in detail.4. According to the case of the petitioner, she inherited certain properties from her father. Out of these properties the four-disputed house are situate at Meerut. The petitioner lives at Bareilly and is a Pardanashin Muslim woman. In order to manage her properties, which she inherited from her father at Meerut, she appointed Sri Zameer Ahmad, her husband, as general attorney. She and her five daughters executed general powers of attorney on 16.3.1991 in favour of Sri Zamee...
Mohammad Ishrat Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004(2)AWC1232
M. Katju, J.1. This writ petition has been filed against the impugned order dated 6.4,1998 Annexure-1 to the writ petition passed by the State Government respondent No. 1. By that order the petitioner's absorption on the post of Assistant Project Engineer in New Okhala Industrial Development Authority (hereinafter referred to as N.O.I.D.A.) has been cancelled.2. Prior to 2.7.1994 the petitioner was functioning as Assistant Project Engineer in the Rural Engineering Service of the State of U, P. By means of order dated 2.7.1994 the petitioner was appointed as Assistant Project Engineer on deputation in N.O.I.D.A. by the State Government. This appointment of the petitioner on deputation was made under the New Okhala Development Authority Service Regulations 1981. Regulation 16 of the said Regulations states :'Sources of Recruitment 16 (I): Recruitment to any post under the Authority may be made from any of the sources : (a) by direct recruitment ;(b) by promotion from amongst the employee...
Ram Sagar Shukla Vs. U.P. Textile Printing Corporation Ltd.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: AIR2004All209
R. B. Misra, J.1. It appears that the Writ Petition No. 7937 of 1985. Ram Sagar Shukla v. U.P. Textile Printing Corporation Ltd. Khalilabad, Basti and Ors., was dismissed in default on 16.7.2003 and restoration application has been filed by Sri K. P. Agrawal designated Senior Advocate on 14.8.2003 and this Court has passed the order dated 18.8.2003 which reads as below :'List this case before me on 21.8.2003. A notice has to be issued to Sri K. P. Agrawal, Senior Advocate to indicate under what circumstance he has filed this application, being a Senior Advocate he is not supposed to file any application and he is not supposed to file Vakalatnama by his signature as the Full Court of Allahabad High Court has designated him as Senior Advocate. If satisfactory explanation is not given by him the case shall be referred to Hon'ble the Chief Justice for consideration for removal of his senior's counsel designation and the matter shall be sent to Bar Council of U. P. and Registrar General sha...
Brij Lal Patel Vs. U.P. State Agro Industrial Corporation and anr.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: AIR2004All178
ORDERR.B. Misra, J.1. Writ Petition No. 28709 of 1993 Brij Lal Patel v. U.P. State Agro Industrial Corporation and another was dismissed in default by an order dated 24-7-2003 which reads as below :'Sri Arvind Kumar has fairly submitted that at present he has no instruction to pursue the case, therefore, for lack of instruction he is not able to render assistance.It appears that the cause of action does not survive, therefore, writ petition is dismissed.'(1) A Civil Misc. (Restoration) application No. 138670 of 2003 was preferred on 14-8-2003 by the signature of Sri K.P. Agarwal, Senior Advocate as learned counsel for the petitioner supported by an affidavit of Sri Nazme Hasan aged about 54 years son of Late Shri Mazhar Hussain resident of 275, Rani Mandi, Allahabad, as a registered clerk in the office of Sri K.P. Agarwal, Senior Advocate.2. In para 2 of the affidavit it is indicated that name of Arvind Kumar, Advocate was printed as the counsel for the petitioner. According to para 3 ...
Ram Niwas Singh Vs. State of U.P.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: 2004CriLJ2712
K.N. Sinha, J.1. Both these appeals arise out of one common judgment in sessions trial No. 242/1979, hence taken up together for hearing and judgment, The above appeals have been filed against the judgment and order dated 5-2-1981 passed by third Additional Sessions Judge, Fatehpur convicting the appellants Ram Niwas Singh, Shiv Karan Singh, Jai Karan Singh, Desh Raj Singh and Adru Singh for the offences under Sections 302/149 Indian Penal Code and 364/149 Indian Penal Code and sentencing each one of them to undergo life imprisonment for each offence. The appellants have further been convicted for the offence under Section 307/149 I.P.C. and sentenced to Rigorous imprisonment for five years. Beside above, appellant Jai Karan Singh has been convicted for the offence under Section 147 Indian Penal Code and sentenced to undergo one year's rigorous imprisonment and appellants Shiv Karan Singh. Adru Singh, Ram Niwas Singh and Desh Raj Singh have been found guilty for the offence under Secti...
Pravati Mills Sahjanwa Vs. Sales Tax Officer and ors.
Court: Allahabad
Decided on: Dec-18-2003
Reported in: [2006]146STC672(All)
M. Katju, J.1. This writ petition has been filed for quashing the impugned penalty notice dated December 20, 1988, annexure 11 to the petition, issued Under Section 15-A(l)(a) of the U.P. Sales Tax Act, 1948 for the assessment year 1984-85 by the Sales Tax Officer, Sector-4. Gorakhpur. The petitioner has also praved for quashing of the assessment order dated December 14, 1988 and the orders dated October 27, 1988 and February 6, 1988, annexures 9 and 5 to the writ petition. The petitioner has also prayed for a mandamus directing the respondent No. 2 to issue form III-C(2) to the petitioner and to refund the amount deposited by the petitioner for obtaining form III-C(2). The petitioner has also prayed that the respondent No. 1, be prohibited from passing assessment orders subsequent to assessment year 1984-85.2. Heard learned Counsel for the parties.3. The petitioner is a new unit as contemplated Under Section 4-A of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') an...
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