Allahabad Court July 2004 Judgments
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Jai NaraIn Pratap NaraIn Higher Secondary School Vs. State of U.P. and ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: (2004)3UPLBEC2713
Arun Tandon, J.1. Heard Sri M.P. Srivastava on behalf of the petitioner and Standing Counsel on behalf of the respondents.2. Jai Narain Pratap Narain Higher Secondary School, Anand Bihar, Naubasta, Kanpur is an institution which was originally recognized up to High School level. It is claimed that the State Government, in exercise of powers Under Section 9(4) of the Intermediate Education Act, granted recognition to the institution for Intermediate Examination to be conducted by the Madhyamik Shiksha Parishad, U.P., Allahabad vide letter dated 28-12-2001. In pursuance of the said recognition, the management claims to have admitted number of regular students for the Intermediate examination to be conducted by the Madhyamik Shiksha Parishad in the year 2004. However, the regular students so admitted in the institution were not permitted to appear in the High School and Intermediate Examination of 2004 on the ground that the institution itself was de-recognized by means of an order dated ...
Ram Subhav Yadav Vs. Joint Director of Education, Azamgarh Region and ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2004(4)AWC3232; (2004)3UPLBEC2889
M. Katju and Umeshwar Pandey, JJ.1. This Special Appeal has been filed against the impugned judgment of the learned Single Judge dated 5.4.2004. We have heard Sri Bhim Singh, learned Counsel for the appellant and Sri Vijay Singh for respondent No. 5. The facts of the case have been given in detail in the impugned judgment, and here we arc not repeating the same.2. We find no merit in this Special Appeal. In view of the decision of the Full Bench of this Court in Radha Raizada and Ors., v. Committee of Management, Vidyawati Darbari Girls Inter College and Ors., (1994) 3 UPLBEC 1551, the senior most teacher in the Institution is normally entitled to be appointed as Principal on adhoc basis till regular selection by the U.P. Secondary Education Service Selection Board.3. However, since respondent No. 5 was suspended hence the appellant was appointed adhoc Principal. Thereafter the District Inspector of Schools by order dated 7.7.2001 disapproved the suspension order Under Section 16(G) (7...
Dr. Sushila Rai Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2004(4)AWC3252
A.K. Yog, J.1. Dr. Sushila Rai petitioner before the Court, being aggrieved against order dated 16.7.2003/Anncxure-20 to the writ petition, passed by Banaras Hindu University (called the University) through respondent Nos. 2 and 3, by means of which representation dated 2.6.2003 filed by the petitioner (praying for regularisation/extension of her services as 'Library Attendant' in the department of Library of Electrical Engineering, I.T. of the University addressed to the Vice- Chancellor/respondent No. 2) has been rejected by the Vice-Chancellor of the University with the observation : '.....your request regarding extension/ regularisation........was placed before the Vice-Chancellor for consideration but the same has not been acceded to' and further adding : 'directed to inform you that in future your representation will not be entertained'.2. At this juncture, it may be noted that at the request of Sri V. K. Upadhyay, learned counsel for respondent Nos. 2 and 3, original record of t...
Managing Director, Uttar Pradesh Handloom Corporation Ltd. Vs. Krishna ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: (2005)IILLJ72All; (2004)3UPLBEC2948
M. Katju, J.1. This special appeal has been filed against the impugned judgment of a learned Single Judge dated 31.3.2004. We have heard learned Counsel for the parties.2. The writ petitioner (respondent in this appeal) was appointed as Salesman in the service of U.P. Handloom Corporation Ltd. on 17.12.77. He was promoted on 1.6.1980 as Senior Salesman and further promoted as Deport Manager on 1.2.1981. He was suspended on 28.6.1999 on the allegations of manipulating documents and embezzlement causingless to the Corporation and in failing to carry out the orders of the higher authorities. He was served charge-sheet dated 17.7.1999 to which he submitted his reply on 10.1.2000. A supplementary chargesheet dated 13.12.2000 was also served upon the petitioner. In respect of the first charge-sheet. Sri Javed Nasim, Senior Manager (Accounts) held an enquiry and submitted a report dated 22.11.2000. As regard the supplementary charge-sheet the enquiry was by Sri K.C. Gupta, Manager (Accounts) ...
Prabhakant Shukla Vs. Presiding Officer, Labour Court (3) and anr.
Court: Allahabad
Decided on: Jul-20-2004
Reported in: (2004)3UPLBEC2992
R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction amending the award dated 27th September, 2002 given by the Labour Court (3), Kanpur Nagar, respondent No. 1, filed as Annexure 1 to the writ petition and other consequential reliefs. Vide award dated 27th September, 2002, the Labour Court has held the termination of the services of the petitioner to be illegal and the petitioner is entitled for reinstatement with effect from 12th June, 1987. However, it had not granted relief of back wages and had further directed the employer to reinstate within two months and the petitioner would be entitled for wages from the date of the award. The present petition challenges the award insofar as it denies the relief of backwages.2. Briefly stated, the facts giving rise to the present writ petition are as follows :-'M/s. Reetu Marbals, respondent No. 2, is carrying on ;the business in marbles and o...
Damodar Yadav Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Jul-20-2004
Reported in: (2004)3UPLBEC3057
Vineet Saran, J.1. Heard Sri V. Singh, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondents and Sri Indra Raj Singh, learned Counsel appearing for the contesting respondent No. 6 and perused the record. A counter affidavit has been filed on behalf of Respondent No. 6 which may be placed on record. With the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.2. By means of this writ petition the petitioner has challenged the order dated 15.5.2004 passed by District Inspector of Schools, Mau whereby the earlier order dated 21.2.2004 passed by the same authority i.e. District Inspector of Schools, Mua, has been cancelled.3. The brief facts of this case are that the petitioner Damodar Yadav as well as Respondent No. 6 Ramadhar Yadav were appointed as Assistant Teachers in Shri Krishna Vidyapith Higher Secondary School, Chiraiyokot, Mou. A dispute arose with regard to the absorption of on...
Smt. Farhat Ilahi (D.) Through L.Rs. Vs. Vth A.D.J. and ors.
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2005(1)AWC736
Tarun Agarwala, J. 1. The petitioner is the landlord and has filed this writ petition against the judgment of the appellate court, whereby the appeal of the tenant was allowed and the order of the prescribed authority was set aside and the release application of the petitioner-landlord was rejected.2. The petitioner filed an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 for the release of the first floor of the premises in question on the ground of bona fide and genuine need of additional accommodation for her family members. The petitioner in her application alleged that she along with her husband, two daughters and six sons are living in the premises in question and on account of the growing need of her family members, she requires the additional accommodation in occupation of the tenant. The petitioner contended that the eldest son had got married and has a wife and one child and that they require their own privacy and space. The other sons are also of marriag...
Kalawati (Smt.) Vs. Ivth Additional District Judge and ors.
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2005(1)ARC185
Anjani Kumar, J.1. This is landlady's writ petition against the order passed by the Revisional Court under the provisions of U.P. Act No. XIII of 1972 whereby the Rent Control and Eviction Officer's order has been set aside whereby he declared vacancy of the accommodation in question and released the same in favour of the landlady. The Revisional Court interfered with the order passed by the Rent Control and Eviction Officer on two grounds--firstly, the transfer certificate issued in favour of the brother of the contesting respondent from a college at kanpur clearly demonstrates that the brother was residing in the accommodation in question and secondly, in any view of the matter on coming into force of U.P. Act No. XXIV of 1976 the occupation of contesting respondent stands regularised.2. Sri R.N. Bhalla, learned appearing for the petitioner states that both these views taken by the Revisional Court suffer from manifest error inasmuch as the same is firstly perverse and contrary to th...
Prabhakant Shukla S/O Late Shree Chandra Kant Shukla Vs. Presiding Off ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: [2005(104)FLR5]
R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of Use Constitution of India, the petitioner seeks a writ, order or direction amending the award dated 27th September 2002 given by the Labour Court (3), Kanpur Nagar, respondent No. 1 filed as Annexure 1 to the writ petition and other consequential reliefs. Vide award dated 27th September 2002, the Labour Court has held the termination of the services of the petitioner to be illegal and the petitioner is entitled for reinstatement with effect from 12th June 1987. However, it had not granted relief of back wages and had further directed the employer to reinstate within two months and the petitioner would be entitled for wages from the date of the award. The present petition challenges the award insofar as it denies the relief of back wages.2. Briefly stated, the facts giving rise to the present writ petition are as follows:M/s Reetu Marbals, respondent No. 2, is carrying on the business in marbles and other all...
Ram Autar (Deceased by Lrs) Vs. Ram Prasad and ors.
Court: Allahabad
Decided on: Jul-19-2004
Reported in: AIR2004All430
Praksh Krishna, J.1. This is plaintiffs appeal. It arises out of original suit No. 235 of 1970 filed by the present appellant against the respondents for recovery of damages on the ground of breach of a covenant for title and quiet enjoyment. He claimed recovery of Rs. 8,000/- as principal consideration and Rs. 9,600/- as interest at the rate of 12 per cent per annum for the period 21-11-1960 till the date of filing of the suit and Rs. 4,000/-towards expenditure incurred by the plaintiff in contesting the suit filed by one Hanuman Prasad. The plaint was amended subsequently. By this amendment an alternative relief for recovery of Rs. 6,250/- i.e. half amount of principal consideration of two sale-deeds plus interest and expenditure of litigations were claimed.2. The subject matter of the suit is house No. CK 43/1 Mohalla Govindpura in the City of Varanasi. One Qudrat Ali was the owner of the said house. He had purchased the house in the name of his second wife Smt. Mehadi Begum who lat...
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