Gujarat Court September 1983 Judgments
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Bachubha Ramsangji Vs. J.R. Ahir and ors.
Court: Gujarat
Decided on: Sep-08-1983
Reported in: (1984)1GLR600
S.A. Shah, J.1. The petitioner was appointed as an unarmed Constable in the erstwhile State of Saurashtra in the year 1950. By an order dated May 31st, 1957, he was promoted as Head Constable and transferred to Kutch district in the pay-scale of Rs. 55-3-85. It is averred by the petitioner that the Head Constables were not prepared to go to Kutch and, therefore, the grade of Police Head Constables at Kutch was higher by Rs. 5/- than the grade at other places. The petitioner opted for Kutch only to get Rs. 5 more in his pay-scale. However, for the reasons best known to the Police Department he was not granted that grade. No affidavit to this point has been made by the respondents.2. The main grievance of the petitioner is that by the Government Resolution dated 18-4-72 the cadre of Head Constable which was formerly divided into three grades were reconstituted into two grades in accordance with the recommendations of the Pay Commission and, therefore, every person who was serving as Head...
Ravjibhai Maganbhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-08-1983
Reported in: (1984)2GLR1054
M.B. Shah, J.1. The petitioner-accused has filed this revision application against the judgment and order dated 20th January 1983 passed by the Additional City Sessions Judge, Court No. 2, Ahmedabad, in Criminal Appeal No. 199 of 1982 wherein the appeal filed by the petitioner was dismissed and the order passed by the Metropolitan Magistrate, Court No. 3, Ahmedabad on 2nd November 1982 in Criminal Case No. 2866 of 1981 wherein the petitioner was convicted under Section 304-A of the Indian Penal Code and he was sentenced to undergo six months' R. I. and to pay a fine of Rs. 700/- in default, to undergo two months' further R. I. was confirmed.2. The petitioner-accused was a driver of S.T. bus bearing No. G.T.H. 4079 and he was driving the said S.T. bus on 20th November 1981 at about 12 p. m. and was going from Kalupur to Naroda. At that time one person named Nagindas Ambalal Patel was also going from Kalupur to Naroda side on his scooter bearing No. G.J.M. 1370. The petitioner overtook t...
Ramaben Amrutlal Bhavsar and ors. Vs. State and ors.
Court: Gujarat
Decided on: Sep-08-1983
Reported in: (1984)2GLR1050
S.A. Shah, J.1. Petitioner Nos. 1 to 6 are all female primary teachers and were working in the Primary Schools in the districts of Mehsana, Baroda, Sabarkantha, Kheda or Amreli as shown in Annexure B to the petition. Since the petitioners' husbands were Government servants who were working at Gandhinagar petitioners applied for transfer of their services in the Primary Schools situated at Gandhinagar township. Gandhinagar being a township had no School Board but under the provisions of Section 10(A) of the Bombay Primary Education Act, 1947 (hereinafter referred to as 'the Act') the State Government, by a notification dated May 1st, 1976, in exercise of its power under Section 10(A) of the Act read with Clause (1) of Section 326 of the Gujarat Panchayats Act, appointed the District Development Officer, Gandhinagar, in relation to the area within the limits of the township of Gandhinagar for the purpose of said Sub-section (1) of Section 10(A).2. By virtue of the aforesaid notification ...
Smt. Chandraprabhaben Navinchandra Bharatiya Vs. State of Gujarat and ...
Court: Gujarat
Decided on: Sep-08-1983
Reported in: (1984)2GLR829
N.H. Bhatt, J.1. This is a petition by one citizen in whose favour an award, Annexure A, under the provisions of the Land Acquisition Act has been made on 27-7-81 in respect of acquisition of her properties bearing Nondh Nos. 198 and 199 situated in Ward No. 7 on the Station Road area in the City of Surat. The petitioner's averment in paragraph 3 of the petition is that she had already handed over possession of the said property after the award was declared by the respondent, as per her statement Annexure B, but the Special Land Acquisition Officer by his communication, Annexure C, dated 6-8-81 avoided making payment to her of the amount awarded to her on the spacious plea that her tenants had not delivered de facto possession, though she, on her part, had delivered possession in respect of her title to the property. Being aggrieved by the said communication, Annexure C, the petitioner has filed the present petition for a writ of mandamus or any other appropriate writ, order or directi...
Sukhdev C. Dave Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Sep-07-1983
Reported in: (1984)1GLR234
S.A. Shah, J.1. The petitioner who was admittedly an employee of the Western Railway, working as Deputy Train Controller in Baroda Division, appears to have joined the services of the Indian Petrochemicals Corporation Limited, Jawahar Nagar, Baroda, admittedly a Government of India Undertaking and therefore, a public sector undertaking within the meaning of Railway Board's Circular No. 200 of 1972 dated 25-8-1972, Annexure-A to the petition. The question arises as to whether the petitioner who has put in about 24 years' service with the respondent Railway and permanently absorbed in I.P.C.L. is entitled to the benefits conferred by Railway Board's circular dated 25-8-1972.2. In order to decide this issue it is necessary to reproduce some relevant facts. It is not disputed that the petitioner joined his services in the Western Railway in June 1948 and was posted at Baroda Division of the Western Railway in October, 1959 and he continued in that Division till he tendered his resignation ...
K.B. Desai Vs. State and anr.
Court: Gujarat
Decided on: Sep-07-1983
Reported in: (1984)1GLR556
S.A. Shah, J.1. The petitioner joined the State Government as a clerk in the Revenue Department, and reached the post of Mamlatdar in the year 1965. The petitioner had put in 34 years' service and was duly retired on 6th February, 1972 on attaining superannuation. There is no dispute regarding the retirement of the petitioner on February 6, 1972.2. On September 12, 1972, the petitioner was served with charge-sheet for alleged delinquences committed by him in the year 1968 when he was godown manager at Navsari. Various charges had been levelled against him among which it was pointed out that he had occasioned loss of Rs. 777.74 to the Government.3. The petitioner denied the charges and contended that since he has retired in February 1972 the Collector was not competent to initiate departmental proceedings against him. The only question which arises for my consideration is as to whether the State Government or the Collector who is the competent authority has any power to initiate departm...
T.C. Bhargav Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-06-1983
Reported in: (1984)1GLR264
S.A. Shah, J.1. The petitioner was working as Block Development Officer and Taluka Development Officer during the period 1960 to 1967. In the year 1967 the petitioner was posted as Chitnis to the Collector, Baroda.2. According to the averments of the petitioner prior to his appointment as Chitnis to Collector he had never worked on the Revenue side in Collector's office. However, he had not received any adverse remarks till the year 1972. Therefore, he had reason to believe that his work must be not only satisfactory but it must be good because according to the Government Resolution dated Match 8, 1969 gradation fair' is considered a remark which is to be communicated to this employee concerned.3. It appears that the petitioner was due for crossing Efficiency Bar on or about 19-10-1971 and he was not allowed to cross the E.B. The petitioner contended that he received a communication dated April 5, 1973, for the first time, by which he was informed that:You are not found effective in or...
Benson Enock Semual, Ahmedabad and Etc. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-01-1983
Reported in: AIR1984Guj49; (1984)1GLR691
B.K. Mehta, J.1. These three petitions have been separated from the group of petitions, being Special Civil Application No. 305 of 1979 and other companion .matters since the schools concerned in these three petitions are managed by religious minority communities which by these three petitions pray for appropriate writs, orders and directions declaring that Rules 106 (3) (e), 107 (3), 109 (2) and (4) and 115 of the Bombay Primary Education Rules, 1949, as ultra vires the Constitution and for quashing and setting aside the circulars issued by the Administrative Officer of the School Board, Ahmedabad fixing the pay scales and dearness allowance for the teachers in the private primary schools in exercise of' the power conferred under Schedule 'Y' as amended by the Bombay Primary Education (Gujarat Amendment) Rules, 1978, and for injunction restraining the State Government from enforcing the said circulars.2. In Special Civil Application No. 820/78 a further relief has been prayed for an a...
Shri Safal Kelvani Mandal and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-01-1983
Reported in: (1984)2GLR1488
B.K. Mehta, J.1. By this group of 40 petitions, the respective petitioners who represent the private management of primary approved schools separating within the jurisdiction of different Municipalities or Distict Panchayats in the State, challenge the amendments in the Bombay Primary Education Rules, 1949 (hereinafter referred to as 'the Rules of 1949') seeking to regulate the matter of recognition of such schools and their continuance by linking them, inter alia, with compliance of Schedule, 'F' containing the Model Standing Orders governing the teachers-management relations. In all these petitions, the challenge to the amendments in the rules is founded on the same contentions though in three of them namely, Sp.C.A. Nos. 1353 of 1978, 982 of 1978 and 820 of 1978 over and above the common reliefs sought in this group, the individual orders or actions of the Government are also challenged. The nature of the school management in the majority of the petitions is by and through public tr...
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