Jammu and Kashmir Court May 2005 Judgments

J.P. Industries Ltd. Vs. Mohan Lal and ors.

Court: Jammu and Kashmir

Nirmal Singh, J.1. This appeal is directed against the order passed by the Commissioner under the Workmen's Compensation Act, Assistant Labour Commissioner Kishtwar on 31.5.2000 who allowed the claim petition of respondents and awarded Rs. 1,77,400 on account of death of Chotu Ram.2. Respondents Mohan Lal and others are the legal heirs of the deceased Chotu Ram. It was pleaded that while he was working with the appellant at work site Hasti Kishtwar on 13.8.1997, the deceased all of sudden felt severe headache and was admitted to SDH Kishtwar where he was declared dead on 15.8.1997. It was pleaded that at the time of death, the deceased was 25 years of age and was earning Rs. 1410 per month.3. The appellant contested the claim petition and filed objections pleading that the applicants are not entitled to any compensation from the appellant as the deceased was not under its employment. At the time of illness, when the deceased was admitted in the Hospital, the Applicants had never approa...

Akhil Kumar Gupta Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ175

Permod Kohli, J.1. Petitioner was a candidate for selection to professional course viz MBBS and BDS, having applied pursuant to the notification issued by respondent-2. He belongs to RBA category and claimed his admission in the said category in the application form by enclosing category certificate alongwith. Petitioner was allotted Roll No. 506048 and was issued admit card for Common Entrance Examination, which was held on 14th/ 15th of July, 2004. The result of the Common Entrance Examination came to be declared on 26.7.2004. He was amongst the successful candidates. However, allotted the stream of BDS instead of MBBS under RBA category. The petitioner secured 160 marks and was at Serial No. 1 in the BDS stream.2. The grievance of petitioner is that respondents 4, 5 and 6, who also applied under the RBA category, have been declared successful in the Common Entrance Examination securing 186,184 and 183 marks respectively. The last selectee in the open category has secured 181 marks. ...

Dr. Jyotsana Lamba Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ137

Permod Kohli, J. 1. Selection of respondent-7 as Registrar in the Department of Gynaecology and Obstetrics in Medical College, Jammu vide order No. 456 of 2004 dated 6.7.2004, is in question in the present petition. The Government Medical College, Jammu issued Advertisement Notice No. 3 vide his No. JMC/Estt/GD/109/90 dated 19.01.2004 inviting applications for the tenure post of Registrar for a period of three years in the pay scale of Rs. 8000-13500 lying vacant in the four departments indicated in this notice. The conditions of eligibility were specified in the advertisement notice. Conditions 1 and 2 are relevant for the purpose of present controversy. The same are noticed as under: -'1. The applicant should be MBBS with Postgraduate qualification in the discipline concerned i.e. speciality applied for the post. 2. No Postgraduate doctor will be considered or appointment as Registrar unless he/she has completed two years minimum active service as Assistant Surgeon in the Health Depa...

Dr. Irfan Rasool Gadda and ors. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ270

Permod Kohli, J.1. Appellants in Letters Patent Appeal Nos. 15/2005; 16/2005; 24/2005; 29/2005; 30/2005 31/2005; and 36/2005; are the selectees for the post of Assistant Surgeons in the Health Department of the Jammu and Kashmir State. LPA (SW) No. 37/2005 has been preferred by the J&K; Public Service Commission.2. All these appeals are directed against judgment dated 23-12-2004 passed in batch of writ petitions whereby selection for the post of Assistant Surgeons made by the Public Service Commission on the requisition of Health and Medical Education Department has been set aside by the learned Single Judge.3. It is relevant to notice the resume of the facts as emerge from the impugned judgment and the pleadings of the parties before the writ court/us.4. 31 posts of Assistant Surgeons were referred to the J&K; Public Service Commission (hereinafter called the Commission) by the Health and Medical Education Department vide its requisition No. HT(GAD)131/95 dated 11-12-2002. This was fo...

Sunil Kumar Misra Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ159

Permod Kohli, J.1. Dismissal of the petitioner vide order dated 10-3-2000 and treating the period of absence from 2-8-1999 to 9-3-1999 (221 days) as Dies Non is under challenge in the present petition. While working as Constable in 105 Bn. Of the Border Security Force, petitioner left for his home in 1999. It is alleged that he applied for leave which was orally sanctioned by the Assistant Commandant. Leave was sought on receiving information from his home that his house, animals and other property has been washed away in floods. It is further alleged that the petitioner applied for extension of leave through post. Petitioner received a show cause notice No. Estt/105 Bn/99-2000/482 dated 27th January 2000 asking him to report on 28-2-2000. It is alleged that he joined the Unit on 28-2-2002 and also submitted affidavit as also the certificate issued by the Panchayat Sewak regarding the damage caused to his house in Floods. However, he was not permitted to join and the joining report was...

Si Mohammad AmIn Beigh Vs. State of J and K and ors.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J.1. Admit. With the consensus of learned Counsel for the parties, this writ petition is taken up for final adjudication.2. The petitioner came to be appointed in Jammu and Kashmir Police Department in the year 1964. In character roll/service book, his date of birth is recorded as 7th March, 1946 as alleged. The respondent No. 4 vide his communication No. TSA/ENF/08/1495-97 dated 04.12.2003 addressed to respondent No. 3, contained in annexure-C, sought for issuance of sanction for superannuation/ retirement of the petitioner. The date of superannuation is given as 31st March, 2004.3. The respondent No. 3, vide his communication bearing No. Estt/Alt-DOB/7013-16 dated 29.03.2004, informed respondent No.4 that in terms of the expert opinion, the alteration has been made in the date of birth and accordingly the petitioner be deemed to have retired from service on 31st March, 2002. The said communication for convenience is reproduced as under;--Please refer your letter No...

Abdul Razak Ganaie Vs. State of J and K and ors.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J.1 Mr. Khan stated at Bar that issues involved in this writ petition are legal one and prayed that petition be decided without filing objections on behalf of the respondents 1 to 4. His statement is taken on record. Respondent No. 5 has already filed objections.2. Admit. With the consensus of learned Counsel of the parties, the petiton is taken up for final adjudication.3. The petitioner is aggrieved of the order dated 23rd June, 2004, hereinafter referred to as impugned order, passed by respondent No. 3 on an application presented by respondent No. 5 in terms of Section 14 of Jammu and Kashmir State Evacuees (Administration of Property) Act 2006, hereinafter referred to as Act, for restoration of property of his grand father Mohammad Gazi with possession thereof.4. The petitioner has assailed the said order on the grounds taken in the petition. The respondent No. 5 resisted the petition by filing objections and has prayed that petition be dismissed as being not mai...

Zakir HussaIn Wani Vs. State of J and K and anr.

Court: Jammu and Kashmir

V.K. Jhanji, J.1. The petitioner, namely, Zakir Hussain Wani, aged 26 years, has filed this habeas corpus petition through his father Ghulam Mohd. Wani seeking quashing of detention Order No.PSAIDM/JC/04/06 dated 9.8.2004 along with grounds of detention issued by the District Magistrate, Doda under Section 8 of the J&K; Public Safety Act, 1978. The copy of order along with grounds of detention was served upon the petitioner in jail, as he was already in custody since June 2004 pursuant to registration of FIR No. 70/2004 under Sections 302/307/RPC and 3 PSS Act, Police Station Doda. It is further not in dispute that as a result of interrogation another FIR, bearingNo. 102/2004 dated 5.7.2004, came to be registered against the petitioner under Sections 212/121, 122/120B, 124/124A RPC at Police Station Doda.2. The order of detention is being challenged by the petitioner inter alia on the grounds that he was not supplied with the copies of interrogation report, FIR Nos.70/2004, 102/2004 an...

State of J and K Through Collector Land Acquisition Vs. Sh. Mustaq Ahm ...

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ43

Nirmal Singh, J.1. Notification under Section 4(1) of the Land Acquisition Act, 1990 (hereinafter referred to as the Act) was issued for acquiring the land measuring 8 kanals 7 marlas and 1 kanal 19 marlas bearing Kh.Nos. 08 min and 509 min situate at village Rampur, Rajouri, for public purpose, namely, construction of I.T.I. Hostel.2. Objections were invited with regard to the acquisition of the land but no one filed any objections. Thereafter, Notification under Sections 6 and 7 of the Act was issued vide No. 238 RD dated 06.10.1988 and No. 98 RD of 1989 dated 13.03.1989. The interested persons claimed compensation @ Rs. 80,000/- per kanal. However, the learned Collector awarded Rs. 30,435/- per kanal with 15% Jabarana. The land owners accepted the compensation under protest. The petitioners, Shan Mohd, Syed Mohd and Mohd Aziz sons of Slah Mohd moved a petition under Section 18 of the Act for referring the matter to the learned District Judge for determination of value of the land. O...

Sangeeta Kanwal Vs. Bharat Sanchar Nigam Limited

Court: Jammu and Kashmir

Reported in: 2005(2)JKJ371

Permod Kohli, J.1. Petitioner is aggrieved of recovery of an amount of Rs. 95,661/- which is sought to be recovered from the emoluments of the petitioner on account of excess payment made to her by the respondent department.2. In brief the case of the parties is that the husband of the petitioner namely, Sh Romesh Kumar Kanwal who was serving as Telecom District Manager in the Department of Telecommunications died in harness in the year 1993. Petitioner applied for compassionate appointment and she being a Law Graduate was appointed as Legal Assistant against the post created in the pay scale of Rs. 1640-2900 by one post of Jr. Telecom Officer in the same pay scale vide order dated 16-6-1994 by the Ministry of Tele-communication, Government of India. Pay Scale of Jr Telecom Officer were revised vide 5th Pay Commission from Rs. 1640-2900 to Rs. 6500-10,500 w.e.f. January, 1996. It appears that the pay scale of the petitioner also came to be revised and she was allowed the pay scale of R...