Allahabad Court January 2011 Judgments
State of U.P. and ors Vs. Shiv Manorath Shukla and ors
Court: Allahabad
Decided on: Jan-31-2011
1. This appeal is arising out of the judgement and order passed by the learned Single Judge on 07th December, 2010 in Civil Misc. Writ Petition No. 56644 of 2010 (Shiv Manorath Shukla and others v. State of U.P. and others), whereunder the policy of the State Government as contained in the Government Order dated 25th August, 2010 regarding holding of fresh selections for the appointment of Gram Rojgar Sewak (Village Employment Worker) after every three years was turned down, with a direction to renew such work after expiry of such period for one year at a time subject to satisfactory work. 2. According to us, condition of regular service either on permanent basis or on temporary basis or on adhoc basis or in lien or in leave vacancy etc. arising out of contingency are required to be governed by one policy, which can not be equated with the policy of contractual service where the tenure is fixed as against some emoluments to be paid. Learned Single Judge explained by the order impugned ...
Tag this Judgment!Pawan Kumar Vs. State of U.P.and Another
Court: Allahabad
Decided on: Jan-31-2011
1. This is a petition under section 482 of the Code of Criminal Procedure (in short CrPC) for quashing the charges dated 4.5.2010 framed against the applicant Pawan Kumar and other accused under sections 364, 302/149 and 201 IPC in S.T.No. 87 of 2003, State vs. Kunwarpal and others, pending in the court of Additional Sessions Judge, Court No.11, Meerut. 2. Learned counsel for the applicant submitted that initially the Additional Sessions Judge framed only the charge under section 364 IPC on 6.5.2004 and accordingly the trial proceeded in regard to the said charge. During the trial, as many as eight witnesses have been examined in support of the charge under section 364 IPC. But at that stage, the learned Additional Sessions Judge amended the charge and thereby added charges under sections 302/149 and 201 IPC against the applicant. Learned counsel further submitted that the Additional Sessions Judge had no power to amend the charge. Moreover the applicant has not been provided any oppor...
Tag this Judgment!SachIn Arora and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-31-2011
1. These five petitions have been preferred by candidates who had appeared in the Joint Entrance Examination Test of 2010 for B.Ed. Course and upon being successful had been called for counselling. They were issued letters of allotment and they contend that they accordingly approached their respective institutions and were given admission. However, under the Notification dated 29th September, 2010 which was published in the Newspaper on 30th September, 2010 their admissions have either been cancelled or they are not being permitted to pursue their studies on the ground that their admissions have not been finalized. The petitioners contend that they were admitted and they have been pursuing their studies and therefore their discontinuance in mid session is unwarranted under a Notification without being given any notice or opportunity. They, therefore submit that the orders are in violation of principles of natural justice. 2. The second ground of challenge is that there is no fault on t...
Tag this Judgment!Smt. Madhulika Pathak Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-29-2011
1. We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh and Shri V.K. Singh for the petitioner. Standing Counsel appears for the respondents. 2. The petitioner's husband late Shri Mani Prakash Pathak was serving in U.P. Police as Deputy Superintendent and was posted as Circle Officer, Collector Ganj, Kanpur Nagar with additional charge as Incharge Special Operation Group. On 13.6.2007 while he was returning after arresting some accused, the vehicle in which he was travelling met with an accident on Etawan Kanpur road. He sufferred serious injuries in the accident and died in a hospital on 24.6.2007. 3. The petitioner is an educated lady with M.A. and M.Ed. as her academic qualifications. In order to settle herself in life and to provide education to her two children, she made an application on 12th July, 2007 to the Senior Superintendent of Police, Kanpur Nagar, to consider her for appointment on compassionate grounds on the post of Officer on Special Duty under t...
Tag this Judgment!Dr. Ravi Raman Srivastava Vs. State of Up and Another
Court: Allahabad
Decided on: Jan-29-2011
1. The petitioner retired on 31.12.2006, serving as Deputy Director, Homeopathic, U.P. In Writ Petition No. 72244 of 2005 He has challenged the notice dated 18.10.2005, by which after holding departmental enquiry, on the allegations in charge sheets dated 18.7.2002 and 27.9.2002 he was asked to show cause on the finding recorded in the enquiry report, to submit a reply as to why he may not be punished. By an interim order dated 24.11.2005, the Court had stayed the enquiry proceedings. 2. In Writ Petition No. 61591 of 2007, the petitioner has prayed for directions to set aside the order dated 24.9.2007 passed by the Director, Homeopathic fixing his pension at Rs. 2139 and dearness allowance of Rs. 1069/-. The petitioner has prayed for directions to the respondents to restore his pension at Rs. 9206/- along with dearness allowance, provisionally paid to him after his retirement. He has also prayed for setting aside the order dated 9.1.2006, by which the State Government has rejected his ...
Tag this Judgment!Dr. Sanjeev Kumar Chawla Vs. State of Up and Ors
Court: Allahabad
Decided on: Jan-29-2011
1. We have heard Dr. Sanjeev Kumar Chawla-the petitioner appearing in person. Learned Standing Counsel appears for the State respondents. 2. The petitioner was appointed as Medical Officer in the Medical and Health Department, Government of U.P. in the year 1994. He was posted at Almora upto December, 2000, and thereafter in district Gautam Budh Nagar where he joined on 8.1.2001. In this writ petition the petitioner has challenged the order dated 17.5.2010 and the corrigendum dated 22.5.2010, by which he has been dismissed from service, after a disciplinary enquiry initiated vide charge sheet dated 15.2.2007, alleging unauthorised absence from duty without getting the leave sanctioned; failing to reach in time on duty in July, 2006 in 'Pulse Polio Programme'; falsely showing his presence in the OPD register for treating five patients on 5.8.2006, and threatening the subordinate staff. The petitioner was also charged with proceeding for training to 'Arvind Netra Chikitsalaya' Madurai, T...
Tag this Judgment!Munna and Others. Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jan-29-2011
1. Heard learned counsel for the applicants and learned AGA for the State and perused the material placed on record. 2. Applicants by way of filing this application under section 482 Cr.P.C. have sought to quash the impugned order dated 21.10.2010 passed by Additional District and Sessions Judge, Court No.8, Bulandshahr in Criminal Revision No. 151 of 2001 as well as order dated 29.03.2010 passed by Additional Chief Judicial Magistrate, Court No.2, Bulandshahr under sections 304, 452, 504, 506 IPC, Police Station Jahangirabad, District Bulandshahr in F.R. No. 391 of 2009, Ram Kumar vs. Munna and others. 3. The relevant facts giving rise to this application are in a very short compass. The opposite party no.2 Raj Kumar had filed an application under section 156(3) Cr.P.C. against the applicants in the court of Chief Judicial Magistrate, Bulandshahr in which a direction was issued to the Station House Officer to register and investigate the case. Pursuant to the order passed by learned M...
Tag this Judgment!Ram Kripal Tripathi Vs. Registrar General and ors.
Court: Allahabad
Decided on: Jan-29-2011
1. We have heard Shri Ram Kripal Tripathi appearing in person. Shri Rajiv Gupta appears for the Registrar General, High Court. Shri Santosh Kumar Pandey appears for Shri Surya Prakash Singh-respondent No.3. 2. The petitioner- appellant is aggrieved by the judgment of learned Single Judge by which he dismissed the writ petition challenging the selection made by the Court, for the post of Telephone Operator, and in which Shri Surya Prakash Singh-respondent No.3 was selected and appointed. 3. Learned Single Judge has dismissed the Writ Petition No.48549 of 2008 on the ground firstly that the petitioner's contention that Shri Surya Prakash Singh was not qualified for appointment was based on his personal knowledge, and secondly the selection was made by Selection Committee of two Hon'ble Judges of this Court, who had found that Shri Surya Prakash Singh-respondent No.3 was duly qualified and eligible, and thus keeping in view the report of the committee on the basis of which the appointment...
Tag this Judgment!Kalloo and Others Vs. Satti Din
Court: Allahabad
Decided on: Jan-29-2011
1. Present contempt petition has been filed under Section 12 of the Contempt Court Act for the alleged non-compliance of the order dated 03.09.2002 passed in Second Appeal No. 5 of 1995 (Satti Din v. Kallo and others). 2. Facts in brief are that in the year 1987, a Suit for permanent injunction has been filed by the plaintiff-respondent praying therein that the appellants-defendants may be permanently restrained from interfering in their peaceful possession over the land in dispute which is a 'Sahan'(registered as Civil Suit No. 463 of 1987, Satti Din v. kallu and others). Second Additional Munsif Magistrate, Sitapur by judgment and order dated 10.09.1992 dismissed the Suit. 3. Aggrieved by the same, an appeal was filed, dismissed by judgment and decree dated 23.09.1994 passed by 5th Additional District Judge, Sitapur. Thereafter, second appeal under Section 100 C.P.C. has been filed before this Court (registered as Second Appeal no. 5 of 1995, Satti Din v. Kallu etc.). 4. On 03.09.200...
Tag this Judgment!Dr. Tungvir Singh Arya Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-29-2011
1. We have heard Shri A.R. Masoodi, learned counsel for the petitioner. Shri S.P. Gupta and Shri Navin Sinha, Senior Counsels assisted by Shri A.K. Srivastava appear for the respondent No.4. Shri Satish Chaturvedi, Addl. Advocate General appears for the State respondents. 2. The recruitment of the teaching staff of Government Medical Colleges in the State of U.P. is regulated by the U.P. State Medical Colleges Teachers Service Rules, 1990 (in short the Rules of 1990). The Rules have been amended by the Second Amendment in the year 2005 notified on 12.5.205, and by Third Amendment in the year 2006 notified on 13.11.2006. Prior to the amendments the post of Asstt. Professor was provided to be filled up by way of direct recruitment, and the post of Associate Professor and Professor could be filled up both by direct recruitment and promotion. The Second Amendment to the Rules notified on 12.5.2005 made a provision of personal promotion to the post of Asstt. Professor/ Associate Professor a...
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