Allahabad Court May 2005 Judgments
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Shri Prakash Dwivedi Son of Shiv Pratap Dwivedi Vs. District Inspector ...
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(4)AWC3349; 2005(4)ESC2482
Tarun Agarwala, J.1. A clear vacancy of a teacher in Commerce in L.T. Grade arose in D.A.V. Intermediate College, Banda. The Committee of Management appointed Sri Prakash Dwivedi on 1.3.1986 on an adhoc basis up to the period 20.5.1986 or till such time as a regular appointee of the Commission was appointed, whichever was earlier. This appointment of Sri Prakash Dwivedi was approved by the District Inspector of Schools. The appointment of Sri Prakash Dwivedi came to an end on 20.5.1986, even though, no regular appointment was made by the Commission. According to Sri Prakash Dwivedi, when the college re-opened after the vacation, the Committee of Management requested him to continue and therefore Sri Prakash Dwivedi, continued to teach, but the salary was not paid. It transpires that the Committee of Management by a letter dated 16.8.1986 again sought permission from the District Inspector of Schools for making an adhoc appointment which was granted by an order dated 29.8.1986. On this ...
Vijai Bahadur Rai Son of Late Sri Shri Nath Rai Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(4)AWC3147
V.M. Sahai and Sabhajeet Yadav, JJ.1. I have heard Sri Yogesh Kumar Singh, learned counsel for the petitioner and Standing counsel for respondent No. 1 as well as Sri M.M.D. Agarwal for respondents No. 2 and 3.2. Counter affidavit on behalf of respondents may be filed within one month. Rejoinder affidavit may be filed within another three weeks.3. The facts of the case in brief are that the petitioner was initially appointed as Junior Engineer on 10.8.1972 in the Local Self Government, Engineering Department (L.S.G.E.D.) of Government of Uttar Pradesh. While he was serving as Junior Engineer in the aforesaid department, U.P. Jal Nigam was established and constituted under Sections 3 and 4 of U.P. Water Supply and Sewerage Act, 1975 (hereinafter referred to as Act). Thereupon the services of employees of the Local Self Government, Engineering Department of the State Government were transferred in the U.P. Jal Nigam (hereinafter referred to as Nigam) under Section 37 of the Act from appo...
Ram Sajan Shukla, Son of Late S.P. Shukla Vs. State of U.P. Through Se ...
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(4)AWC3232; (2005)2UPLBEC1708
Tarun Agarwala, J.1. In 1971 the petitioner was appointed as a Beldar and was promoted as a Store Attendant in 1977. In 1991, the petitioner was promoted as a Tube-well Operator. The petitioner filed Civil Misc. Writ Petition 1710 of 1986 before this Court, praying that he was entitled to be promoted as a Junior Engineer on the basis of a Government order dated 3.1.1985, which contemplated that the promotion to the post of Junior Engineer would be on the basis of seniority subject to the rejection of unfit. This court by judgment dated 27.11.1992 disposed of the writ petition with a direction to the respondents to consider the promotion of the petitioner, if he was entitled for the promotion on the basis of seniority subject to the rejection of unfit. Even though, this Court directed the respondents to decide the matter within one month from the date of the receipt of the certified copy of this order. The respondents by an order dated 16.2.1993 rejected the claim of the petitioner. The...
Raminder Son of Sri Servinder Singh Cheema and ors. Vs. the Vice-chanc ...
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(3)ESC1878
Rakesh Tiwari, J.1. Heard counsel for the parties and persued the record. The petitioners have filed this writ petition for issuance of a direction to the respondent-university to issue a degree of B. Tech. to them.2. The Priyadarshini College of Computer Science, NOIDA (hereinafter referred to as the College) was established in the year 1990. By order dated 17.6.1995 All India Council for Technical Education (AICTE) granted ex-post facto approval to the College w.e.f. Session 1991-92. The College also applied for affiliation to the M.J.P. Rohilkhand University vide application dated 6.9.1996 under Section 37 read with Section 49 of the U.P. State University Act, 1973.3. Ultimately the Chancellor/Governor, U.P. vide order dated 26.7.1997 granted ex-post facto affiliation to the College w.e.f. 1.7.1991. As the order dated 26.7.1997 granted recognition with retrospective effect, the University was faced with a problem as what procedure be adopted for grant of B.Tech degree with retrospec...
Jai Nath Prasad Maurya Son of Dev Narayan Ram Vs. Joint Director of Ed ...
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(4)AWC3236; 2005(3)ESC2103
Sunil Ambwani, J.1. Heard Sri V.K. Singh for the petitioner and learhed Standing Counsel.2. The Intermediate College, Dharao, Chandauli, District-Chandauli is a recognised and aided educational institution. Sri Indrajeet Singh Assistant Teacher. L.T. Grade retired, on which Sri Arjun Prasad, Assistant Teacher in C.T. Grade was promoted in the vacancy of 50% quota. The promotion was approved by the District Inspector of Schools , Varanasi on 31.12.1993. The management advertised the resultant vacancy in C.T. Grade, and after selections on the basis of quality point marks, the management appointed the petitioner Sri Jai Nath Prasad Maurya in the alleged short term vacancy on 20.8.1998. The District Inspector of Schools , Varanasi did not accord financial approval on which the petitioner filed writ petition No. 45442 of 2000 in which directions were issued to decide his representation.3. By the Government Order dated 11.8.1989 the C.T. grade was declared as a dying cadre. Thereafter no ap...
Employees State Insurance Corporation Through Its Insurance Inspector ...
Court: Allahabad
Decided on: May-27-2005
Reported in: IV(2005)ACC294; 2005(4)AWC3289; [2005(106)FLR968]
O.N. Khandelwal, J.1. This appeal under section 82 of the Employees State Insurance Act, 1948 (hereafter referred to as the ESI Act) has been filed against the order dated 27.4.1992 passed by the Employees Insurance Court, Kanpur.2. The respondent employee sustained employment injuries in his left ear on 30.10.1992 when he was on duty in the Elgin Mill No. 2 Kanpur. The first certificate was issued by the Insurance Medical Officer on 31.10.1992. He was administered analgesic and antibiotic medicines and remained under the continuous treatment from 31.10.1992 to 9.11.1992. Form No. BI (1) (a) duly filled by the Insurance Medical Officer was sent for information of the Medical Board. The Medical Board in Form BI (2) entered details and other employment injuries that of left eye on account of accident dated 9.6.1978, of left knee on account of accident dated 6.10.1987. The Medical Board vide its report dated 23.12.1992 examined and foundInjury (left) earO/E (On examination) no external sc...
Bhurey Alias Kishan Pal, Vs. State
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005CriLJ4194
Amar Saran, J.1. This criminal appeal arises out of a judgement and order passed by learned Sessions Judge, Budaun, dated 11.8.1981, whereby the learned judge has convicted the appellant Bhurey @ Kishan Pal to imprisonment for life under Section 302 IPC and the appellants, Virendra Singh and Satyavir Singh to imprisonment for life under Section 302 read with Section 34 IPC. As one other accused Jeet Singh died during the trial, he was not tried.2. The prosecution allegations as mentioned in the FIR were that on 23.7.1980 at about 5 pm the informant Mahendra Pal Singh, PW.1 was returning to his tillage after cremating Rajeshwar Singh's new born son accompanied by his elder brothers, the deceased Ram Singh and Dharam Pal Singh, PW 4, and younger brother Brijendra Pal Singh and co-villager Chandra Pal. Deceased Ram Singh, was 15-20 paces ahead of the witnesses. When the prosecution party reached near a government tube-well in the west of the village, Jeet Singh, the appellants Bhurey @ Ki...
Smt. Indira Daniels Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(3)ESC1612
V.K. Shukla, J.1. Petitioner, in the instant writ petition, is questioning the validity of order dated 3.12.2004 passed by the Secretary, Secondary Education, U.P. Government at Lucknow, refusing to extend the tenure of service of petitioner in lieu of her receiving National Award for Teachers.2. Brief background of the case, as disclosed in the writ petition, is that in the district of Agra, there is an institution known as Queen Victoria Girls Inter College, Agra. The said institution is recognised under the provisions of U.P. Intermediate Education Act, 1921, and has been receiving grant-in-aid from the State Government. The provisions of U.P. High Schools and Intermediate College (Payment of Salary to Teachers and other Employees) Act, 1971 are fully applicable to the said institution. The institution in question is also declared Minority Institution, as such all protection as is envisaged under Article 30 of the Constitution of India, is available to it. In the said institution, p...
Shanker Dayal Tripathi Son of Late Shri Ram Krishna Tripathi Vs. State ...
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(4)AWC3285; 2005(3)ESC2109
Vikram Nath, J.1. This special appeal has been preferred against the judgment and order of the learned Single Judge dated 10.02.2004 passed in Civil Misc. Writ Petition No. 4128 of 2004, Shanker Dayal Tripathi v. State of U.P. and Ors., whereby, the writ petition filed by the appellant was dismissed.2. There is an institution by the name of Adarsh Inter College Sarai Aqil, District Kaushambi, (hereinafter referred to as the Institution) which is recognized by the U.P. Intermediate Education Board, and is on the grant in aid list of the State Government. Sri Onkar Nath Mishra was the Principal of the Institution and upon his death on 19.11.2002, the post of Principal fell vacant. The short term vacancy which arose on the death of Sri Onkar Nath Mishra was to be filled up by the senior most lecturer subject to unsuitability. It is not in dispute that at that time in the seniority list of lecturers Sri Sadanand Lal Srivastava was at Serial No. 1, Sri Jai Shankar Dubey (respondent No. 5) a...
Ajai Pal Singh Chandel Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-27-2005
Reported in: 2005(3)ESC1968
N.K. Mehrotra, J.1. This is a petition for issuing a writ in the nature of certiorari quashing the order of termination dated 13.5.1989 as contained in Annexure 3 to the writ petition.2. The case of the petitioner is that he joined his duties as a Constable in the 11th Battalion of P.A.C. on 1.10.1984. On 30.4.1988 he was suspended because of he being involved in a criminal case. He was recruited in service on 18.1.1989 but the question of payment of salary during the suspension period was kept undecided because of pending criminal case. After that one Khalil Ahmad made a complaint against the petitioner on 3.5.1989. The Company Commandant made enquiry from the petitioner about the allegation of the said complaint on 10.5.1989. On enquiry by the Company Commander, the petitioner denied the allegations made in the complaint of Khalil Ahmad. On 2.5.1989, the petitioner took one day's casual leave for going to Hardoi to attend the criminal case alongwith his mother. He came back and resum...
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