Allahabad Court February 2003 Judgments
Km. Alka Rani Gupta Vs. Director of Education (Higher) and anr.
Court: Allahabad
Decided on: Feb-27-2003
Reported in: 2003(2)AWC1364; (2003)2UPLBEC1152
M. Katju, J. 1. This writ petition and connected Writ Petition No. 23044 of 2000 and Writ Petition No. 35822 of 2001 are being disposed off by a common judgment. 2. The controversy in this case has arisen in a large number of similar cases, and is also likely to arise in a large number of cases in future also. Hence, we are giving this detailed judgment so that the present controversy as well as other controversies of similar nature may be set at rest. 3. We are concerned with the placement of teachers selected under the U. P. Higher Education Service Commission Act, 1980 (hereinafter referred to as the Act) in degree and postgraduate colleges in U. P. The procedure of appointment of the teachers is given in Section 12 of the said Act. Under the Act, appointments of teachers, which would include Principals vide Section 2 (g) of the Act read with Section 2 (18) of the U. P. State Universities Act, involves two stages. In the first stage, selection is done by the U. P. Higher Education S...
Tag this Judgment!Dinesh Kumar Shukla Vs. State of U.P.
Court: Allahabad
Decided on: Feb-26-2003
Reported in: 2003(2)AWC1298
ORDERM. Katju, J.1. This writ petition has been filed for a mandamus directing the respondents to conclude the proceedings against the petitioner and if the petitioner is entitled for promotion, he may be promoted. 2. Heard learned counsel for the parties. 3. In this case on 16.5.2002, learned standing counsel was granted one month's time to file counter-affidavit but no counter-affidavit has been filed so far. Hence, we are treating the allegations in the petition to be correct. 4. The petitioner was selected by the U. P. Public Service Commission and appointed in the year 1965. In the year 1974, he was promoted as Senior Auditor and in the year 1983 as District Audit Officer and in the year 1987 as Assistant Director and in the year 1996 as Dy. Director. Being the senior most in the department on the retirement of the then Director in the year 1998, the petitioner was made Incharge Director. The petitioner has alleged that his service has been throughout good. However, it is alleged ...
Tag this Judgment!Atul Kumar Gupta Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-26-2003
Reported in: 2003(3)AWC1819
ORDERM. Katju and Prakash Krishna, JJ.1. Heard learned counsel for the petitioner and the learned standing counsel for the Central Government.2. The petitioner had been granted Mail Motor Contract for the period 11.10.1995 to 10.10.2000. Admittedly, that period has expired and now the respondents have, invited fresh tenders.3. Learned counsel for the petitioner submitted that the petitioner had applied for extension of the period of contract and that period had been extended vide Annexure-5 to the writ petition and the petitioner has also deposited rupees thirty thousand.4. In our opinion, there cannot be any extension of a fixed period contract. After the fixed period has expired, there must be a fresh public auction/ public tender after advertising it in well-known newspapers having wide circulation so that all eligible persons can apply for the said contract. If extension of the fixed period is granted, it will result in a monopoly in favour of a person and exclude others from apply...
Tag this Judgment!Sobaran Singh Yadav Vs. Regional Administrative Committee, Agra Mandal ...
Court: Allahabad
Decided on: Feb-26-2003
Reported in: 2003(3)AWC1867
M. Katju, J.1. Heard learned counsel for the parties.2. The petitioner is challenging the impugned order dated 10th July, 2002 passed by the Member-Secretary, Regional Administrative Committee, along with the resolution dated 4.6.2002 and the order dated 24.7.2000 passed by the Member-Secretary, District Administrative Committee and the resolution dated 22.7.2000.3. The petitioner was appointed as Secretary of a Co-operative Society in 1982. He was suspended on 22.8.1998, vide Annexure-3 to the writ petition. He challenged the suspension order by means of Writ Petition No. 51528 of 1999, which was disposed of by this Court with a direction that the inquiry be concluded within two months, Vide Annexure-4 to the writ petition.4. It is alleged in para 6 of the writ petition that despite the order of this Court on 8.12.1999, no charge-sheet has been given to the petitioner and hence, he filed another Writ Petition No. 26056 of 2000 in which order dated 25th May, 2000, was passed directing ...
Tag this Judgment!Beni Prasad Vs. State of U.P.
Court: Allahabad
Decided on: Feb-26-2003
Reported in: 2003(90)ECC902
R.C. Deepak, J.1. This is a criminal appeal against the judgment and order of the then Additional District and Sessions Judge, Maharajganj dated 25.1.2001 in Special Case No. 79 of 1994 convicting and sentencing the accused appellant under Section 8/20B(ii) N.D.P.S, Act to 10 Years Rigorous Imprisonment and a fine of Rs. 1 lac and in default of payment of fine he shall further undergo 3 years R.I. 2. The prosecution case briefly stated is that on 20.6.1990 the informant in the case Tribhuvan Singh Rathore, the then Station Officer of P.S. Nautanwa district Maharajganj was on patrol duty accompanied by Police Constable Yogendra Nath Shukla and Police Constable Sujauddin, at about 9:30 in the night, he received an information from an informer that accused Beni Prasad alongwith another having Charas were coming from Nepal and they would enter the territory of India through Tumohanua Ghat, if efforts were to be made, the Charas would be recovered. Relying upon this information he took publ...
Tag this Judgment!Ram Muni Yadav and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Feb-26-2003
Reported in: 2003CriLJ4131
M.C. Jain, J.1. This appeal has been directed against the judgment and order dated 26th Feb. 1981 passed by Sri Prem Singh, the then Sessions Judge Ghazipur in Sessions Trial No. 176 of 1979. The appellants are Ram Muni Yadav, Kishore Yadav, Shyama Yadav, Phool Chand Yadav, Hardeo Yadav and Daya Ram Yadav Appellants Nos. 1 to 3, namely, Ram Muni Yadav, Kishore Yadav and Shyama Yadav are realbrothers being the sons of Jagpat Yadav. All the appellants have been convicted under Section 302, I.P.C. read with Section 149 I.P.C. and sentenced to life imprisonment, Ram Muni and Phool Chand have further been convicted under Section 148 I.P.C. and each sentenced to two years rigorous imprisonment. The remaining four, namely, Kishore, Shyama, Hardeo and Daya Ram have been convicted under Section 147, I.P.C. with one year's rigorous imprisonment for the said offence. All the substantive sentences have been ordered to run concurrently. 2. The incident took place on 3-6-1978 at about 12 O'Clock in ...
Tag this Judgment!Ashwani Kumar and ors. Vs. Divisional Railway Manager,
Court: Central Administrative Tribunal CAT Allahabad
Decided on: Feb-25-2003
Reported in: (2003)(3)SLJ223CAT
1. By this O.A. under Section 19 of Administrative Tribunals Act, 1985, the applicants, who are 12 in number, have prayed to quash the order dated 30.11.2000 (Annexure-2) by which the claim of the applicants for empanelment in the panel dated 3.2.1990 has been rejected.2. The facts, in short, giving rise to this application, are that applicants were engaged as Casual Labourers in the Office of Chief Controller, Northern Railway, Allahabad on different dates before 1.5.1988. They had already completed 120 days and were eligible for absorption on regular basis for which purpose proceedings were initiated by publishing the lists of eligible Casual Labourers on 23.12.1988, 13.2.1989 and 25.7.1989. In the aforesaid three lists, names of all those Casual Labourers, who had completed 120 days prior to 1.5.1988, were included. The names of applicants were mentioned in the list dated 23.12.1988, screening test took place between August, 1989 to October, 1989 then apanel of 394 persons, who wer...
Tag this Judgment!Kedar Vs. Additional Commissioner, U.P. Government and ors.
Court: Allahabad
Decided on: Feb-25-2003
Reported in: 2003(2)AWC866
ORDERS.K. Singh, J. 1. Heard counsel for the petitioner and learned standing counsel who appears for the respondent Nos. 1 and 2.2. Challenged in this petition is the order passed by Additional Commissioner, Consolidation dated 14.2.2003 by which petitioner's transfer application for transferring pending appeal from the Court of the Settlement Officer, Consolidation was rejected.3. The argument of the learned counsel for the petitioner is that although there were serious allegations against the Presiding Officer as has been stated in the transfer application itself, copy of which has been brought on record as Annexure-2 to the writ petition and although it has been held by this Court in 1984 RD 1 in the case of Indra Dev and Ors. v. District Deputy Director of Consolidation, that it is not necessary to prove allegation to its hilt and it is only an apprehension in the mind of litigant which is sufficient for transfer of case, the transfer application has been rejected by the concerned ...
Tag this Judgment!ishrat HusaIn Ansari Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-25-2003
Reported in: 2003(2)AWC1306; (2003)2UPLBEC1390
V.M. Sahai, J.1. The petitioner, who is working as Head of History department since 1974, has filed this petition for direction to the respondents to promote him as Principal with effect from 22.8.1997, the date on which juniors to him have been appointed as Principal, Degree College. He was appointed on 30.8.1972 as lecturer, History Department, Government Raza Post Graduate College, Rampur. On 22.11.1974 he was promoted as Head of History Department in Government Degree College, Lambgaon, District Tehri Garhwal. He joined on 30.11.1974. The State Government also issued a notification on 18.3.1975 to the effect that the petitioner along with others had been promoted as Head of History Department on ad hoc basis. On 3.9.1976, he was transferred as Head of Department, Degree College, Mahmoodabad, Sitapur. He was transferred in May, 1981 to Government Degree College, Chakia, Varanasi as Head of History Department where he joined on 15.9.1982. He was promoted as Principal, Government Degr...
Tag this Judgment!Smt. Saubhagyawati Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-25-2003
Reported in: 2003(2)AWC1689
I.M. Quddusi, J.1. Heard learned counsel for the petitioner and the learned standing counsel for the State of U.P. as well as Shri R.N. Gupta, learned standing counsel for Gaon Sabha.2. This writ petition has been filed against the refusal to grant interim order in a pending Case No. 13656 under Section 9 (A) (2) of the U.P. Consolidation of Holding Act by Consolidation Officer. The petitioner approached the Deputy Director of Consolidation, Sultanpur also, but the Deputy Director of Consolidation, Sultanpur, vide its order dated 30.1.2003 dismissed Revision No. 1659 holding that the revision is not maintainable against the interlocutory order. There is no doubt that against the rejection of the interim order, no revision lies under Section 48 of the U. P. Consolidation of Holdings Act. The Consolidation Officer has rejected the application for interim relief indicating the reason that he has no jurisdiction to grant interim relief, which is not sustainable in the eye of law.3. In the ...
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