Allahabad Court September 2003 Judgments
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Arvind Kumar Awasthi and ors. Vs. State Bank of India and ors.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2004)ILLJ332All; (2004)1UPLBEC69
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This petition has been filed by the petitioners with the allegations that the petitioners have been engaged without following (i) the requirement of Section 7 and 12 of the Contract Labour (Regulation and Abolition) Act, 1970 (ii) used as camouflage and a smoke screen through a contractor for discharging duties in the nature of dusting, cleaning, sweeping etc. in the Staff Training Centre of the Bank. The following prayer has been made:PRAYER(1) Issue a writ order or direction in the nature of certiorari quashing the tender notice dated August 11, 1997 published by respondent No. 3.(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to enforce the notification dated December 9, 1976 for abolishing the contract labour system, and to absorb the petitioners from the date of their engagement in the State Bank of India Staff Training Centre, Varanasi.(iii) Issue a writ, order or...
Ram NaraIn Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: 2004(2)AWC1036
N.K. Mehrotra, J.1. Heard the learned counsel for the petitioner and the learned standing counsel for the opposite parties.2. 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 consider the appointment of the petitioner on the post of peon or any other Fourth Class post under Dying in Harness Rules.3. The father of the petitioner was working as a Principal in the Primary Vidyalaya, Pipra and he died during service on 25.3.1977. The petitioner was minor at the time of death of his father. He applied for appointment on compassionate ground on 11.2.1998. It is alleged that the mother of the petitioner has also died and there is no source of income in the family. He further moved a representation on 19.5.2003 but was of no effect. The learned counsel for the petitioner has referred U.P. Government Servant Dying-in-Harness Rules, 1974 as amended by Vth Amendment Rules, 1999. Rule 5 of these R...
inder Mohan Oberoi Vs. Zila Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2004)1UPLBEC208
Rakesh Tiwari, J.1. Heard Counsel for the parties.2. The petitioner, was working as Assistant Teacher in Gopal Balak Junior High School, Kankar Khera, Shobhapur, Meerut since 25.2.1996. The Zila Basic Shiksha Adhikari approved his appointment. He is aggrieved by the order of his dismissal dated 3.12.2001, passed by Committee of Management (respondent No. 2). The petitioner has the following educational qualifications :-----------------------------------------------------------------------------Educational Qualification Year Examination Body-----------------------------------------------------------------------------High School 1977 U.P. Board of High School and Intermediate Education, U.P., Allahabad.Intermediate 1979 -- do --B. Com. 1982 Meerut UniversityB. Ed. (Shiksha Shastri) 1986 Sampoorna Nand Sanskrit Vishwavidyalaya,Varanasi-----------------------------------------------------------------------------3. On a general complaint made by some persons against the management of Gopal ...
Vijay Kumar Vs. Zonal Manager (N), Food Corporation of India Limited a ...
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2004)1UPLBEC190
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. This petition has been filed challenging the validity and correctness of the impugned order dated 1.6.2000 passed by Senior Regional Manager, Food Corporation of India Limited, Regional Office, Lucknow, the respondent No. 2.3. The facts of the case, are that the father of the petitioner Darab Singh was in employment of respondent as Dusting Operator. He moved an application-dated 24.11.1997, for Medical check-up, as he was not able to work. The application was forwarded by respondent No. 4 to the Chief Medical Superintendent, District Hospital, Agra after complete Medical check-up he was declared medically unfit for service on 29.11.1997. A representation was thereafter made by Darab Singh for giving him premature retirement on Health/Medical grounds. The application was forwarded by District Manager, Food Corporation of India Limited, Agra, respondent No. 3 on 22.12.1997 for giving premature retirement to Dara...
Surendra Prasad Misra Vs. Engineer-in-chief, Irrigation Department and ...
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2004)2UPLBEC1479
R.B. Misra, J.1. Heard Sri U.S. Mishra learned Counsel for the petitioner as well as Sri Raj Kumar learned Standing Counsel for the respondents.2. The listing application is disposed of and the writ petition is being heard right now with the consent of the parties under the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.3. According to the petitioner, lie was diploma-holder in Mechanical Engineering and was appointed on 20.8.1964 as a Junior Engineer in the Irrigation department and while working as a Junior Engineer the petitioner was compulsory retired on 5.5.1993. According to the petitioner his work and performance was satisfactory and he has received letter of appreciation during the service and to be best of his knowledge he was never awarded or communicated any adverse entries, therefore, there was no question in making any representation in respect of adverse entry, if any. The petitioner was compulsorily retired without looking into the record...
Raman Kumar Vs. Zila Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2004)1UPLBEC211
Rakesh Tiwari, J.1. Heard Counsel for the parties.2. The petitioner was working as Assistant Teacher in Gopal Balak Junior High School, Kankar Khera, Shobhapur, Meerut since 1.3.1996. The Zila Basic Shiksha Adhikari approved his appointment. He is aggrieved by the order of his dismissal dated 3.12.2001 passed by Committee of Management (respondent No. 2). The petitioner has the following educational qualifications :----------------------------------------------------------------------------Educational Qualification Year Examination Body--------------------------------------------------------------------------Poorva Madhyma 1982 Sampoorna Nand SanskritVishwavidyalaya, VanarasiUttar Madhyama 1984 -- do --Shastri 1986 -- do --B.Ed. (Shiksha Shastri) 1990 -- do ----------------------------------------------------------------------------3. On a general complaint made by some persons against the management of Gopal Balan Junior High School, Kankar Khera. Shobhapur, Meerut to the Governor and...
Sophia Girls School Vs. Cantonment Board and anr.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2003)3UPLBEC2642
M. Katju, J.1. Heard Sri U.N. Sharma and Shri Nitin Sharma for the petitioners and Shri Samir Sharma for the respondents.2. By these writ petitions, the petitioners, who are running and Managing Education Institutions namely Sophia Girls School and St. Mary's Academy at Meerut Cantt. have prayed for quashing the impugned auction notice dated 21.12.2002, published in the Newspaper 'Dainik Jagran' for realization of house tax by the Cantonment Board, Meerut and have prayed for a writ of mandamus restraining respondents from realizing any property tax from the petitioners. 3. It is alleged in Para 3 of the petitions that the petitioners are minority institutions imparting education up to Class 12th and are run by Christian Missionaries on 'no profit and no loss' basis, and they are not getting aid either from the State Government or from the Government of India. They are managing their financial affairs on their own. The Cantonment Board assessed and demanded house tax and water tax from ...
U.P. State Industrial Development Corporation Vs. Bhim Singh and ors.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2003)3UPLBEC2750
Yatindra Singh, J.1. The main question involved in these appeals relates to the market value of the land acquired.FACTS 2. A notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act) was published on 16.4.1986 in respect of 438 Bigha 16 Biswa 6 Biswansi (274.322 acres) of land situate in village Kasna, Tehsil Dankaur, District Bulandshahr. The land was acquired for Uttar Pradesh Industrial Development Corporation (the acquiring body). The notification under Section 6 of the Act was published the next day and possession of the land was taken on 03.02.1987.3. The land acquired is recorded as Jangal Avval Aabi, Jangal Avval Khaki, Jangal Doyam Aabi and Jangal Doyam Khaki in the revenue records. The SLAO passed an award on 1.6.1988. He considered many sale-deeds but relied upon the sale-deed dated 16.10.1985 executed by one Maniram in favour of Arjun Singh. This sale-deed was for 10 Biswa Avval Aabi land and was sold for Rs. 21,000/-. This gives a rate of Rs. 42,000/- per...
V.K. Walia Vs. Chairman, Army School and ors.
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2003)3UPLBEC2827
Rakesh Tiwari, J.1. This writ petition is preferred by the petitioner against the impugned order of termination of his services dated 26.6.2002 from the post of Principal, Army School, Mathura Cantt. issued by the Brigadier who is the Chairman of the School.2. The Army School, Mathura Cantt. is an institution governed by the Army Welfare Educational Society and is affiliated to the Central Board of Secondary Education, New Delhi known as C.B.S.E., New Delhi. The Society published an advertisement for filing up the post of Principal of the School. The petitioner also applied for the same and was selected. He was appointed on the post of the Principal vide letter dated 26.12.2000.3. The Army School is a registered Society, governed by the Army Welfare Education Society (A.W.E.S.) Rules and Regulations. It is neither financed by the State nor by the Central Government. The appointments of Teachers is on contract basis as is apparent from Annexure 5 to the writ petition.4. An agreement was...
Sushila Singh Vs. Ito
Court: Allahabad
Decided on: Sep-16-2003
Reported in: (2004)88TTJ(All)594
ORDERBhavnesh Saini, J.M.This appeal by the assessee is directed against the order of the Commissioner (Appeals)-Ill, Luckow, dated 5-12-2002 for the assessment year 1993-94 on the following grounds :'1. Because the proceedings under section 147 have neither been validly initiated nor concluded and the assessment order dated 30-3-2002 (passed in pursuance thereof) is liable to be declared as null and void.1.2 Because the learned Commissioner (Appeals)-II, Lucknow, on a due consideration of the attendant facts and circumstances of the case, particularly that;(a) no proceedings were pending in the case of the appellant on 15-3-1999 when commission was issued in favour of DVO to estimate the cost of construction of the property.(b) for the reason mentioned at Serial No. (a) above, the commission issued in favour of the DVO was invalid and;(c) the report obtained as a result of such an invalid reference could not have constituted material for initiating proceedings under section 147; shoul...
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