Allahabad Court April 2004 Judgments
Ram Pratap Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: (2004)2UPLBEC1673
A.K. Yog, J.1. Notice of the writ petition was received by the office of the Chief Standing Counsel, High Court, Allahabad, on July 19, 2001. Case was listed before the Court on several occasions but no counter-affidavit filed by the respondents. No request made to file it till this stage of hearing.2. Learned Counsels for the parties agreed that the writ petition be decided finally at the admission stage as contemplated under Chapter XXII, Rule 2-IInd Proviso, Rules of Court, 1952. FACTS:3. One Anil Kumar Singh (father of the petitioner) working as Assistant Bhumi Sanrakshak Inspector in Government Department of State of Uttar Pradesh, died on 15.10.1998. His son, Ram Pratap Singh (petitioner before us), sought compassionate appointment on the ground of his father 'dying-in-harness' by filing an application on 5.4.1999, addressed to Soil Conservation Officer, Sharda Nahar Pranali, Pilibhit under relevant Rules, e.g., 'THE UTTAR PRADESH RECRUITMENT OF DEPENDENTS OF GOVERNMENT SERVANT D...
Tag this Judgment!Ram Vilash Sharma Vs. Joint Director, Viith Mandal and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(3)AWC2461; (2004)3UPLBEC2616
Sunil Ambwani, J.1. These five writ petitions are interconnected and relate to the matter of services of Sri Ram Vilash Sharma. Brief facts giving rise to these petitions are stated as below :2. The Veer Shivaji Inter College, Sarhari, Gorakhpur is a recognised and aided educational institution governed by the provisions of U. P. Intermediate Education Act, 1921, and U. P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971.3. The primary section of the institution was brought on the grant in aid list with effect from 1.10.1989. By an order dated 31.3.1989 issued by the District Inspector of Schools, Gorakhpur, the services of the employees of the upgraded primary section were sanctioned. The actual payment commenced with effect from October, 1989. On 1.8.1991, the District Inspector of Schools sanctioned the payment of salary of 7 more Assistant Teachers in the primary section, including the petitioner Sri Ram Vilash Sharma as Assistant...
Tag this Judgment!Champa Lal JaIn and anr. Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(3)AWC2468
Tarun Agarwala, J.1. The petitioner is the landlord and owner of the shop in question. The petitioner filed a suit alleging that the shop in question was reconstructed on 31.5.1973 and was let out to the defendant on 1.10.1973. It was alleged that the first assessment of a property in question was made on 1.10.1979. The petitioner gave a notice dated 31.12.1982 terminating the tenancy of the defendant on the ground that the arrears of rent had not been paid. It was also stated in the suit that since the building was not 10 years old, the provisions of U.P. Act No. 13 of 1972 was not applicable (hereinafter referred to as the Act). The defendant contested the suit and denied that the shop was reconstructed on 31.5.1973 and contended that it was an old construction which was let out to a previous tenant and after he had vacated the shop in question, the same was let out to the defendant. The defendant contended that U. P. Act No. 13 of 1972 was applicable to the shop in question and that...
Tag this Judgment!Sahdeo and ors. and Satyendra Vs. State of U.P.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004CriLJ2876
K.G. Balakrishnan, J.1. Eleven accused were tried by the Court of sessions, Muzaffarnagar, for offences punishable Under Sections 147, 148, 395, 397, 452 and 302 read with Section 149 IPC. There were also charges against some of the accused Under Sections 25 and 27 of Arms Act. After the trial, the sessions Judge convicted five accused for the offences punishable Under Section 302 read with Section 149 IPC. They were also convicted Under Sections 148 and 452 IPC and Under Sections 25 and 27 of the Arms Act. Six accused were acquitted by the Sessions Court. The five accused, who were found guilty, were sentenced to death by the Sessions Court. These accused filed an appeal before the High Court of Allahabad and the State also filed an appeal against the acquittal of the other five accused. The appeal preferred by the convicted accused was dismissed. However, the State appeal filed against the acquittal of the five accused persons was partly allowed and appellant Satyendra was found guil...
Tag this Judgment!Murli Lal Srivastava Vs. Vice Chancellor, Banaras Hindu University and ...
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(3)AWC2657
Sunil Ambwani, J.1. Heard Sri L.B. Lal for petitioner and Sri Pankaj Naqvi for respondent-University.2. The petitioner was appointed as Junior Clerk on 1.2.1973 in the institute of Medical Science, Banaras Hindu University. His services were extended on 15/18.5.1973. He was transferred to Post Partum Programme Section on 14/15.6.1973. He was directed to join on 16.7.1973. Since then he is continuously serving in the University and receiving annual increments. The Post Partum Programme, it is alleged, was merged with the establishment of the University and the petitioner was placed in the pay scale of Rs. 260-400 with effect from 1.4.1976 and his pay was fixed at Rs. 272 per month. The petitioner was confirmed on 10.1.1980 as against his claim for confirmation on 1.2.1975, after two years of the joining as Junior Clerk. He was placed at Sl. No. 36 in the security list circulated on 12th December, 1984. The petitioner made representation dated 11.3.1983 on which the Director of the Insti...
Tag this Judgment!Smt. Jyoti Rastogi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(3)AWC2662
Sunil Ambwani, J.1. The petitioner has prayed for quashing the entire selection proceedings, including select list prepared after interviews held on 6.7.2003 for appointment to the post of Assistant Lady Teacher in Other Backward Classes category in Sri Chandra Gupta Mahila Vidyalaya Junior High School, Roshanganj, District Shahjahanpur, and for restraining respondent Nos. 2 to 4 to issue appointment letter to respondent No. 5.2. Brief facts giving rise to this writ petition are that Sri Chandra Gupta Mahila Vidyalaya Junior High School, Roshanganj, District Shahjahanpur is a recognised and aided Junior High School. The appointment and other service conditions of the teachers of the institution are regulated by the provisions of U. P. Recognised Basic Schools (Junior High Schools) Rules, 1978 (in short the Rules of 1978). Rule 4 provides that the minimum qualification for the post of Assistant Teacher shall be Intermediate examination by the Board of High School and Intermediate Educat...
Tag this Judgment!Nand Kumar Singh Vs. Sachiv, Ganna Vikash, Chini Udyog and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(4)AWC3053
Sunil Ambwani, J.1. The petitioner was appointed on 1.8.1963 as Assistant Cane Protection Inspector (Grade 2) through the selections held by U. P. Public Services Commission on 28.8.1966. He was promoted as Cane Protection Inspector (Grade-1) and Joined at Lakhimpur Kheri. The gradation list did not include the name of petitioner and other promoted officers. One Sri Dina Nath filed a Claim Petition No. 334 (T/111/78) before U. P. Public Services Tribunal at Lucknow challenging the gradation list, prepared in pursuance of Government order dated 25.6.1975 and claimed that the seniority list should be prepared on the basis of date of substantive appointment in the grade.2. The U. P. Public Services Tribunal by its judgment dated 8.11.1985 found that at the time of their appointments, there were no service rules and set aside the seniority list dated 12.1.1977 prepared on the basis of the date of confirmation and held that the date of original appointment, taking into consideration the con...
Tag this Judgment!Riyasat Khan (D.) Through L.Rs. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(4)AWC3059
ORDERAnjani Kumar, J.1. Heard learned counsel for the parties.2. The plaintiff-appellant filed a suit before the trial court for injunction to the effect that defendants may be restrained from evicting the plaintiff from plot No. 61/1 measuring 8.11 acres situate in cantonment area. Shahjahanpur. It is admitted case of the parties that the property belongs to respondent No. 1, i.e., Union of India. The plaintiff has set up his case that since the land was leased out by the defendant for a period of five years upto 31st May, 1974 and since the plaintiff has not vacated the land, a notice was served upon him dated 29th April, 1977, directing the plaintiff to remove his effects from the land in dispute and hand over vacant possession by 16th May, 1977, because the plaintiffs lease, has not been renewed from 16th May, 1977. The plaintiffs' case In short is that after expiry of the lease period since the defendants have accepted rent they cannot evict him. As already stated the trial court ...
Tag this Judgment!Darbari and anr. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004CriLJ4547
Mukteshwar Prasad, J. 1. Two accused Darbari and Keshavraj filed this appeal against the judg-ment and order dated 10-3-95 passed by Sri M. P. Gupta, the then Additional Sessions Judge, Gorakhpur in S. T. No. 188 of 1992 whereby he convicted both the accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced each of them to undergo rigorous imprisonment for a term of ten years and to pay a fine of rupees one lac in default in payment of fine, they were ordered to suffer further rigorous imprisonment for a period of two years.2. In brief, the facts of the case which led to the prosecution of the appellants are as under:3. P.W. 3 S.I. Ram Nagina Singh and P.W. 4 constable Shanker Prasad were posted as Station Officer and constable respectively of P. S. Nichlaul (Maharajanj) in the month of December, 1989. On 8th December, 1989, the Station Officer reached Jhulnipur Barrier by a Government vehicle (jeep) driven...
Tag this Judgment!Rect Shilesh Kumar Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: 2004(4)AWC3588
A.N. Varma, J.1. Through the instant petition the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing Annexure-4 to the writ petition whereby he has been discharged from Army Services pursuant to the proceedings of Summary Court Martial against him. A further relief has been prayed for, for issuance of a writ in the nature of mandamus commanding the opposite parties to reinstate him with his original seniority and full back salary and other allowances as if the petitioner had never been dismissed from service. The action of the opposite parties has been challenged on the ground that proceedings of Summary Court Martial are not supported by the summary evidence and it is nowhere established that the petitioner had furnished false address knowing it to be false. Another ground of challenge is that the impugned action of the opposite parties in discharging the petitioner from service is tainted with malice and prejudice.2. The petitioner who at the releva...
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