Allahabad Court November 2007 Judgments
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Ram Shiroman Singh Son of Sri Raja Ram Vs. the District Inspector of S ...
Court: Allahabad
Decided on: Nov-15-2007
Reported in: 2008(2)AWC2147
Ashok Bhushan, J. 1. These two writ petitions have been heard together and are being disposed of by this common judgement.2. Sri S.K. Pal, learned Advocate has been heard for Ram Shiroman Singh and Sri R.C. Gupta appeared for Shiv Lal, the respondent No. 5 in writ petition No. 12171 of 1991 and petitioner in writ petition No. 32180 of 1991. Learned Standing Counsel has appeared for the State respondents.3. Civil Misc. writ petition No. 12171 of 1991 (hereinafter referred to as 'First writ petition') has been filed by Sri Ram Shiroman Singh seeking a writ of certiorari for quashing the order dated 10.3.1989, passed by the Principal of the institution, terminating the services of the petitioner and the order dated 22.6.1989, passed by the Committee of. Management, deciding the appeal of petitioner against the termination order. A prayer has also been made for quashing the orders of the District Inspector of Schools dated 20.12.1990, rejecting the representation of the petitioner of the f...
Rajendra Kumar Gupta Son of Shyam Sundar Vs. State of U.P. Through Sec ...
Court: Allahabad
Decided on: Nov-15-2007
Reported in: 2008(1)AWC938
Ashok Bhushan, J.1. Heard learned Counsel for the petitioner and Sri Prashant Mathur, learned standing counsel appearing for the respondents. By this writ petition, the petitioner has prayed for quashing the judgment and order dated 5th January, 2006 passed by respondent No. 3 confiscating the Truck No. UP.78B 0047 of the petitioner and the order dated 4th September, 2006 passed by the State of U.P. dismissing the appeal of the petitioner.2. Brief facts necessary for deciding the writ petition are; officials of the Forest Department intercepted the aforesaid truck on 9th December, 2004 at 4.00 A.M., which was loaded with timber of Seesam and Babool trees. One Lallu Prasad Shukla, who claim to be the owner of the trees and the driver of the truck were found in the truck. The timber and the vehicle both were seized and seizure memo was sent by the officials of the Forest Department to respondent No. 3. A range case being Range Case No. 29 of 2004-05 was registered lender Section 26 of th...
Sushil Kumar Maheshwari S/O Late V.K. Maheshwari Vs. Union of India (U ...
Court: Allahabad
Decided on: Nov-15-2007
Reported in: [2008(116)FLR230]; (2008)IILLJ65All
Ashok Bhushan, J.1. Heared Sri Gopal Misra, Learned Counsel for the petitioner and Sri P.K. Pandey, Learned Counsel appearing for the respondent No. 2 as well as learned Standing Counsel.2. With the consent of Learned Counsel for the parties and looking to the nature of the issues raised in the writ petition, the writ petition is being disposed of at the admission stage itself, without inviting counter affidavit.3. By means of present writ petition, the petitioner has prayed for a writ of certiorari, quashing the notice dated 25.7.2007, issued by the Deputy Director/Recovery Officer asking the petitioner to show cause as to why the petitioner be not committed to the civil prison in execution of the certificate for recovery. A writ of mandamus has also been sought for commanding the respondent No. 2 not to take any coercive measure in relation of the impugned notice and further directing the respondents No. 3 and 4 not to harass the petitioner on the basis of the impugned notice.4. Brie...
Jag Raj Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-15-2007
Reported in: 2008(2)AWC2135
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri A.K. Srivastava, learned Counsel for the petitioner-appellant and learned standing counsel appearing for the respondents.2. This appeal has been filed aggrieved by the order dated 29.10.2007, passed by Hon'ble single Judge dismissing Writ Petition No. 62709 of 2007 filed by the petitioner-appellant alongwith one Sri Dharam Pal Singh mentioning that the learned Counsel for the petitioner states that he may be permitted to file amendment application in Special Appeal No. 1073 of 2006 and on the basis thereof permitting the petitioner to file amendment application, the Hon'ble single Judge has dismissed the writ petition. Learned counsel for the appellant contended that Special Appeal No. 1073 of 2006 was filed by Sri Dharam Pal Singh and Jog Raj Singh was not a party in the aforesaid special appeal and, therefore, the statement was only with respect to Dharam Pal Singh and not Jog Raj Singh and the Hon'ble single Judge erred in dismissing...
Zonal Manager, Life Insurance Corporation of India and Senior Division ...
Court: Allahabad
Decided on: Nov-15-2007
Reported in: [2008(116)FLR204]
B.S. Chauhan and Arun Tandon, JJ.1. These special appeals have been filed against the judgement and order dated 19.0972002 passed by the learned Single Judge by which the two petitions filed by the respondent employee have been allowed directing the Life Insurance Corporation of India (hereinafter called the 'Corporation') to reinstate the respondent employee with full back wages and all consequential benefits.2. The facts and circumstances giving rise to these cases are that the Corporation advertised certain posts of Assistants. The respondent employee submitted his application along with a caste certificate dated 05.10.197C issued by the Additional District Magistrate (Administration), Gorakhpur certifying that the he was a Shilpkar (Artisan) by caste, which falls in the category of Scheduled Caste. The respondent employee was selected and appointed vide appointment letter dated 06.12.1971. After about 12 years on 0510.1983, on receiving a complaint, the Corporation asked the said e...
Ram Dutt Agnihotri Son of Sri Devdutt Agnihotri Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: Nov-14-2007
Reported in: [2008(116)FLR301]
Pankaj Mithal, J.1. Heard Sri Shesh Kumar, learned Counsel appearing for the petitioner and Sri S.K. Singh, holding brief of Sri Vimal Chandra Misra learned Counsel who appears for respondents No. 2,3 and 5. Standing Counsel appears for respondent No. 1.2. The petitioner was working substantively since 1986 as Head Master in Prathamik Vidhyala, District Banda. He had proceeded on a day's casual leave on 30th July 2003 and on the same day he was put under suspension on account of unauthorized absence from duty. However, this order of suspension was revoked on 15.5.2004 and the communication to the said effect was given to the petitioner vide letter dated 19th August 2004. It is said that despite the suspension order being revoked the petitioner was not allowed to join at the institution on the pretext that he had not produced the order of reinstatement. Accordingly, the petitioner demanded the order of reinstatement which was not supplied to him and as a result he could not rejoin. Ther...
Zila Panchayat Through Its Chairman and Upper Mukhya Adhikari Zila Pan ...
Court: Allahabad
Decided on: Nov-14-2007
Reported in: 2008(1)AWC1035; [2008(116)FLR1030]
S. Rafat Alam and Sudhir Agarwal, JJ.1. This intra Court appeal, under the Rules of the Court, is preferred against the judgment of the Hon'ble Single Judge dated 9.2.2007 in Civil Misc. Writ Petition No. 7273 of 2007.2. We have heard learned Counsel for the appellants, Mr. Akhileshwar Singh, learned Counsel appearing for respondent No. 1, and the learned Standing Counsel for the State-respondent No. 2.3. It appears that respondent No. 1, Smt. Lalti Devi, filed the aforesaid writ petition for issuance of a writ of mandamus commanding the appellants to provide her compassionate appointment under the UP. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the Rules). It further appears that the request of the petitioner-respondent No. 1 was not (sic) to by the appellant, on the ground, that the daughter in law does not come within the meaning of 'family' as mentioned in the Government Order relating to compassionate appointment.4. Lea...
U.P. Rajya Viduat Utpadan Nigam Ltd., U.P. State Electricity Board Thr ...
Court: Allahabad
Decided on: Nov-14-2007
Reported in: [2008(116)FLR640]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. Respondent workman Ram Narain son of Mewa Lal was working on the post Lab Attendant in Vidyut Parishad Inter College, Panki, Kanpur since 1949. The workman belongs to Scheduled Caste Candidate i.e. Dhobi. It appears that the petitioner was initially known as U.P. State Electricity Board for short (UPSEB) and in view of the U.P. Electricity Reforms Act, 1999 a New Company known as U.P. Rajya Vidyut Utpadan Nigam Ltd. has now been constituted under the Company Act. It has been substituted as party to the petition vide order dated 2.9.2004 in place of U.P. State Electricity Board, as U.P. Rajya Vidyut Utpadan Nigam Ltd. It also appears that a notice was issued by the Executive Engineer, Headquarter, UPSEB at the relevant time calling for application from the eligible candidates for promotion to the post of Lab Assistants in the Corporation.3. The workman who as was working in a School being managed and controlled ...
Dhani Saran Khare Son of Sri DIn Dayal Khare Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Nov-14-2007
Reported in: [2008(116)FLR222]
Pankaj Mithal, J.1. The only prayer made in this writ, petition is to direct the respondents to consider the candidature of the petitioners for the post of Assistant Boring Technician in the Irrigation department and not to ignore their candidature for the said post on the ground that they do not possess the Diploma in the trade of 'Tool Maker' though they are holding two years diploma in 'Tool and Die maker' awarded by the National Council for Vocational Training and State Council for Vocational Training from Adarsh Training Institute (ATI) Kanpur.2. The Chief Engineer, Minor Irrigation Department, respondent No. 3 issued an advertisement inviting applications to fill up 401 posts of Assistant Boring Technicians. The said advertisement was published in the newspaper 'Amar Ujala' dated 8.6.2003. Advertisement provided that the candidates must have passed High School of the Board of High School and Intermediate examination U.P., or an examination recognized by the State government as eq...
State of U.P. and anr. Vs. Gur Saran Singh
Court: Allahabad
Decided on: Nov-14-2007
Reported in: 2008(1)AWC408
Prakash Krishna, J.1. These four first appeals are under Section 54 of the Land Acquisition Act read with Section 96, C.P.C. and are against a common judgment and decree dated 2nd of January, 1992 passed by the VIth Additional District Judge, Bulandshahr in Land Acquisition Reference Nos. 598 of 1991, 599 of 1991, 600 of 1991 and 601 of 1991. All the aforestated Land Acquisition References were directed against the award dated 22nd of July, 1991 delivered by Special Land Acquisition Officer, Bulandshahr in Land Acquisition Case No. 63 of 1989. All the references were consolidated and were decided by a common judgment and Reference No. 958 of 1991. Ishwar Singh v. State of U.P. giving rise to the First Appeal No. 338 of 1991 was treated as the leading case. In this Court also the learned Counsel for the parties agreed that the First Appeal No. 338 of 1994 may be treated as leading case and the judgment shall govern the remaining appeals as the point in issue is identical in all these ma...
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