Allahabad Court May 2004 Judgments
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Smt. Neelu Agrawal Vs. D.i.O.S. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(3)AWC2346
ORDERM. Katju, J.1. This special appeal has been filed against the impugned judgment of the learned single Judge dated 5.4.2004.2. We have heard learned counsel for the parties and have carefully perused the impugned judgment and we find no infirmity ,in the same.3. The facts have been stated in the judgment of the learned single Judge and hence we are not repeating the same.4. The learned single Judge has dismissed the writ petition on two grounds (i) the institution in question is a minority institution and hence the petitioner can get no benefit of Section 33B of the U. P. Secondary Education Services Selection Board Act, 1982, (ii) the petitioner does not fulfil the requirement of Section 33B.5. The institution in question was declared as a minority institution by Government order dated 25.1.1996 Annexure-C.A. 1 to the counter-affidavit. However, in our opinion, this declaration does not mean that the institution became a minority institution only from 25.1.1996. The declaration of...
Subodh Kumar Pandey Vs. District Judge and anr.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(3)AWC2764
ORDERM. Katju, J.1. Heard learned counsel for the parties.2. This special appeal has been filed against the impugned judgment of the learned single Judge dated 9.4.1998.3. The petitioner was admittedly a temporary employee. He used to come to the office after drinking liquor and he would create nuisance there. His service was terminated on 27.1.1998 on the ground that it was no longer required.4. The appellant filed a writ petition which was dismissed by the learned single Judge of this Court and hence this appeal.5. The termination order was passed by the learned District Judge, Maharajganj. The appellant was a temporary employee and he should have behaved himself. Merely because the learned District Judge has taken into consideration the fact that the appellant comes to office after drinking liquor this would not make the order punitive in nature. In Union of India v. A.P. Bajpai, 2003 (2) AWC 882 (SC) : (2003) 2 SCC 433, the temporary employee was found sleeping during duty hours wh...
Jai Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(3)AWC2743
M. Katju and Poonam Srivastava, JJ.1. Heard learned counsel for the parties.2. By means of present writ petition, the petitioner has challenged the 'Uttar Pradesh Rural Engineering (Group 'A') Services (Fourth Amendment) Rules, 2003, whereby Rule 5 of the said Rule has been amended by means of Notification No. 85CM/62-3-2003-9Res/2003, in exercise of powers granted by proviso to Article 309 of the Constitution of India. The old rule of 1991 wherein the criteria for promotion to the post of Chief Engineer has been amended. The old rule provided that the promotions to the post of Chief Engineer (Grade II) was to be made amongst the substantively appointed Superintending Engineer who had completed in the year of their recruitment at least six years service as Superintending Engineer and a total period of 25 years of service. This Rule has been substituted by the amending rule-the post of Chief Engineer (Grade II) will be filled by promotion from the substantively appointed Superintending ...
Rai Bareilly Flour Mills Vs. Trade Tax Tribunal
Court: Allahabad
Decided on: May-14-2004
Reported in: [2004]137STC105(All)
Prakash Krishna, J.1. This is a petition under Article 226 of the Constitution of India. By means of this petition a writ, order or direction in the nature of certiorari for quashing the order dated May 5, 2003 passed by the Sales Tax Tribunal, Ghaziabad, Bench II, (respondent No. 1) (annexure No. 11 to the writ petition) and the order passed by the Assistant Commissioner (Assessment), (respondent No. 2), Trade Tax, Bulandshahar, dated July 15, 2002 for the assessment years 1995-96 and 1996-97 (annexures Nos. 7 and 8 to the writ petition), has been prayed for. Further a writ of mandamus has been sought for directing the respondents to set aside the orders for assessment years 1995-96 and 1996-97 in accordance with section 30(3) of the U.P. Sales Tax Act, 1948 and to refund the amount of Rs. 1,49,604 for the assessment year 1995-96 and Rs. 12,45,416 for the assessment year 1996-97 in view of grant of eligibility certificate dated May 25, 2000.2. The factual matrix of the case is that th...
Dr. Shri Kant Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(4)AWC3000
Sunil Ambwani, J.1. Heard Sri G. K. Singh for petitioner and Sri Ashok Khare, senior advocate, assisted by Smt. Anita Tripathi for respondent Nos. 5 and 6. Sri K. A. Singh appears for Committee of Management. Standing counsel was heard for State, respondents.2. Thus, writ petition arises out of seniority dispute between the petitioner and respondent Nos. 5 and 6. The Ratan Sen Inter College, Bans, district Siddharth Nagar is recognised and is regulated by the provisions of U. P. Intermediate Education Act. 1921 and U. P. Secondary Education Services Selection Board Act, 1982. On the retirement of Sri Ram Deo Pandey working as ad hoc Principal objections were filed by petitioner Dr. Shrikant Misra, respondent No. 5 Sri Dinesh Chandra Pandey and respondent No. 6. Sri Pramod Shanker Pandey. One Sri Ram Gopal Misra also filed his objection. All the 4 persons claimed to be the senior-most Lecturers in the college. The Committee of Management by its decision dated 18.7.2002, found that the p...
Dinesh Bahadur Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(4)AWC2945
Sunil Ambwani, J.1. Heard Sri Ashok Khare assisted by Sri R. C. Dwivedi for petitioner and Sri B. D. Mandhyan assisted by Sri Satish Mandhyan for respondent No. 7.2. Brief facts giving rise to this case are that the Panchayat Inter College, Bodarwar, District Kushi Nagar is an educational institution recognised under the U. P. Intermediate Education Act, 1921. The salary of teachers and other employees is paid and regulated by U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and Other Employees) Act No. 24 of 1971. Sri Krishna Murarl Shukia, the Principal of the college retired on 30.6.2002. The petitioner as a seniormost lecturer in the college was asked by the District Inspector of Schools to officiate as Principal. He started officiating as Principal w.e.f. 1.7.2002 and his signatures were attested. The last elections of the Committee of Management of the college were held in 1988. It is contended by the petitioner that thereafter no elections were held a...
Kharaiti Lal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(4)AWC3154
M. Katju, J.1. By means of this writ petition the petitioner has challenged the impugned award dated 30.8.2003 Annexure-1 to the writ petition under Section 11 of the Land Acquisition Act as well as notification dated 17.5.2000 under Section 4/17 and notification dated 3.5.2001 under Section 6, Annexure-3 to the writ petition.2. The petitioners have alleged that they are owners of the land whose details are given in Annexure-4 to the writ petition.3. A perusal of the notification under Section 4/17, copy of which is Annexure-2 to the writ petition shows that the land in question was 'sought to be acquired for the planned development for Saharanpur Development Authority for building a Transport Nagar.4. So far as the purpose of the acquisition mentioned in the notification under Sections 4 and 6 are concerned this is clearly for public purpose and it has to be held that there is urgency in the matter since acquisition for transport purpose must be held as a matter of urgency in view of ...
Purshotam Dass Vs. Smt. Vidyawati and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(4)AWC3572
Tarun Agarwala, J.1. The plaintiff filed a suit against the defendant for recovery of arrears of rent, and for ejectment from the premises in question. The plaintiff alleged that he is the landlord and that the defendant is the tenant in the premises in question and that the plaintiff gave a notice terminating the tenancy of the defendant on the ground that the arrears of rent had not been paid. It was also stated that the building was constructed in the year 1977 and therefore, the building was not ten years old and therefore 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 the allegations made by the plaintiff and contended that the building in question was constructed in the year 1972-73 and the provisions of U. P. Act No. 13 of 1972 was applicable. The defendant further alleged that he was not a defaulter and that the landlord refused to accept the rent and, accordingly, the defendant dep...
Smt. Savita and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(4)AWC3569
M. Katju, J.1. This appeal has been filed against the judgment of the learned single Judge dated 17.3.2004 in Writ Petition No. 10700 of 2004.2. We have heard the learned counsel for the parties and have carefully perused the judgment of the . learned single Judge.3. The recruitment to the post of Assistant Teacher in the Junior Basic Schools and Senior Basic Schools in the State are governed by the provisions of U. P. Basic Education (Teachers) Service Rules 1981. Rule 8 of these rules prescribed that the candidate possessing Basic Teachers Certificate, Hindustani Teacher Certificate, Junior Teacher Certificate or any other training course recognised by the State Government as equivalent thereto is entitled to appointment as Assistant Teacher. The rule docs not provide for any process of selection either in the form of written examination or interview.4. Learned counsel for the appellant submitted that there are a large number of vacancies of Assistant Teachers in junior basic schools...
Mansa Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(4)AWC3567
Sunil Ambwani, J.1. Heard Sri Yogish Kumar Saxena for petitioner and Sri Anand Prakash Pandey for Sri Pravin Kumar Tripathi, Finance and Accounts Officer in the office of Basic Shiksha Adhikari, Etawah.2. Notices were issued to Sri Pravin Kumar Tripathi on 10.3.2004 and he was required to file an affidavit explaining the circumstances given by him in his letter dated 25.11.2003 to the Secretary, Lokayukta, U. P., Lucknow with regard to delayed payment of General Provident Fund (G.P.F.) payable to the petitioner. Sri Pravin Kumar Tripathi has filed a counter-affidavit on his behalf and on behalf of respondent Nos. 2 and 3. I also gave an opportunity to him to address the Court in person. With the consent of parties, this writ petition is being finally decided at this stage.3. The petitioner was appointed as Assistant Teacher on 25.8.1952. With the enforcement of U. P. Basic Education Act, 1972 his services were transferred under Section 9 of the Act, to the U. P. Basic Education Board. ...
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