Himachal Pradesh Court March 2010 Judgments
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Shyam Lal Vs. H.R.T.C.
Court: Himachal Pradesh
Decided on: Mar-12-2010
1. Since common questions of law and facts are involved in these writ petitions, both the writ petitions are being disposed of by a common order.2. The issue raised in both these writ petitions pertains to the appointment of Drivers on contract basis under the respondent- Corporation. The Corporation started initiating the process of recruitment in the year 2006 for engaging 241 Drivers. The process of selection having been completed and when the procedure of appointment was in the midway, it is seen that the model code of conduct in view of the elections came into force on 10.10.2007. Out of the 241 persons thus empanelled, it appears that the training was imparted to 141 candidates and out of which only 62 were appointed. It is to be noted that even that appointment of 62 persons was pursuant to the orders passed by this Court. The petitioners before us in these writ petitions are similarly situated as those who obtained the appointment pursuant to the orders of this Court. The judgm...
Sonju Ram and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Mar-12-2010
Kurian Joseph, C.J.1. Petitioner has prayed for the following relief's:a. Issue a writ in the nature of mandamus directing the respondents to change the construction site of the college at least 100 meters away as per River Rules, from middle of the River, so that, students, general public and staff teaching in the College may not be put to danger.b. That in the alternative site of the Degree College may be shifted to some other place suited to the Government and also to general public as by constructing the College in extreme middle of the River will deprive the people of the area from water and their only source of livelihood.2. In reply to the averments, Superintendent Engineer 4th Circle of the Public Works Department has stated in paras 2 (b) and 2 (e) as follows:2(b) That for the construction of said College building, land measuring 3 bigha 7 biswa and 8 biswansi was already in the ownership and possession of Education Deptt. H.P. Further land measuring 10 bigha 12 biswa and 12 b...
Radha Krishan and Roshan Lal Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Mar-11-2010
1. Since common questions of law and facts are involved in these writ petitions, both the writ petitions are being disposed of by a common order.2. The issue raised in both these writ petitions pertains to the appointment of Drivers on contract basis under the respondent- Corporation. The Corporation started initiating the process of recruitment in the year 2006 for engaging 241 Drivers. The process of selection having been completed and when the procedure of appointment was in the midway, it is seen that the model code of conduct in view of the elections came into force on 10.10.2007. Out of the 241 persons thus empanelled, it appears that the training was imparted to 141 candidates and out of which only 62 were appointed. It is to be noted that even that appointment of 62 persons was pursuant to the orders passed by this Court. The petitioners before us in these writ petitions are similarly situated as those who obtained the appointment pursuant to the orders of this Court. The judgm...
Chakshu Sharma Vs. H.P. University and ors.
Court: Himachal Pradesh
Decided on: Mar-11-2010
Kurian Joseph, C.J.1. The petitioner approached this Court with certain grievances regarding selection for M. Phil Course for the academic session 2009-2010 conducted by the H.P. University. The relevant clause which requires interpretation is 7(F)10 which reads as follows:7(F)10 Number of admission in each department:The number of seats in each department shall vary between 10 to 15 as decided by the Departmental Council. However, the number of seats for M. Phil. through ICDEOL shall be as determined by the Academic Council / Executive Council from time to time. 15% and 7.5% of seats shall be reserved for bonafide Himachali Scheduled Caste and Scheduled Tribe candidates respectively who have passed the qualifying examination from Himachal Pradesh University or H.P. Krishi Vishvavidyalaya or Dr. Y.S. Parmar University of Horticulture and Forestry or from any other Universities established by law in India which is equivalent to the qualifying examination of H.P. University.Thus, 77.5% s...
State of Himachal Pradesh Vs. Bahadur Singh Rana
Court: Himachal Pradesh
Decided on: Mar-11-2010
Kurian Joseph, C.J.CMP(M) No. 1026 of 2009.1. This is an application for condonation of delay in filing the appeal. Heard learned Counsel. Having gone through the affidavit accompanying the application, we are satisfied that the delay is liable to be condoned. Accordingly, the delay is condoned. The appeal shall be treated to have been filed in time.LPA No. 160 of 2009Admitted.2. The State is aggrieved by the judgment dated 19th May, 2009 in CWP(T) No. 567 of 2009. The parties are referred to as they are arrayed in the Writ Petition.3. The Writ Petitioner approached the erstwhile Tribunal with certain grievances regarding fixation of his pay and subsequent promotion. On account of abolition of the Tribunal, the matter was transferred to this Court and thus the matter was considered by the learned Single Judge of this Court leading to judgment under appeal. In order to appreciate the contention raised by the State in appeal, it is necessary to refer to the factual matrix. The Writ petit...
Chet Ram and Piar Chand and ors. Etc. Etc. Vs. Hrtc and ors. Etc. Etc.
Court: Himachal Pradesh
Decided on: Mar-09-2010
1. Since common questions of law and facts are involved in these writ petitions, all the writ petitions are being disposed of by a common order.2. The issue raised in all these writ petitions pertains to the appointment of Drivers on contract basis under the respondent- Corporation. The Corporation started initiating the process of recruitment in the year 2006 for engaging 241 Drivers. The process of selection having been completed and when the procedure of appointment was in the midway, it is seen that the model code of conduct in view of the elections came into force on 10.10.2007. Out of the 241 persons thus empanelled, it appears that the training was imparted to 141 candidates and out of which only 62 were appointed. It is to be noted that even that appointment of 62 persons was pursuant to the orders passed by this Court. The petitioners before us in these writ petitions are similarly situated as those who obtained the appointment pursuant to the orders of this Court. The judgmen...
Nathpa Jhakri Power Corporation Ltd. and anr. Vs. Smt. Vijay Shukla an ...
Court: Himachal Pradesh
Decided on: Mar-02-2010
V.K. Sharma, J.1. In terms of the previous order dated 29.12.2009, talks for out of Court settlement between the parties were in progress. It was in such circumstances that the present appeal was ordered to be listed in the first week of March, 2010, as prayed for. The matter has come up for final hearing today.2. Heard. A large extent of land measuring 0-57-17 hects. denoted by Khasra Nos. 576/1 and 583/1, situate in Up-mohal (Revenue Village) Lahasa, Tehsil Rampur Bushahr, Distt. Shimla, was acquired for a public purpose, namely, 'construction of bridge over Satluj river bye-pass road for Nathpa Jhakari Hydel Project'. Whereas land bearing khasra No. 576/ 1, measuring 0-06-96 hects. was classified as 'Bagicha Bakhal Awal Faldar' and that of khasra No. 583/1, measuring 0-50-21 hects. as 'Bakhal Awal'. On consideration of the matter the Collector, Land Acquisition, assessed market value of the acquired land as under:Classification of land Rate per biswaBakhal Aabal Rs. 11,902.44Krali D...