Jharkhand Court April 2001 Judgments
Arvind Kumar Dubey and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-27-2001
Reported in: 2001(49)BLJR1807
S.J. Mukhopadhaya, J.1. The writ petition relates to death-cum-retiral benefits to which heirs of late Tapeshwar Dubey are entitled under the law.2. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one as stated hereunder :The father of petitioners late Tapeshwar Dubey was initially appointed as Food-cum-Sanitary Inspector in the District Board and subsequently taken in the services of respon-dent-Mines Board, Hazaribagh. In normal course, he was to superannuate from services of Mines Board on 31.1.1992 but the Boardallowed extension and he continued upto 31.3.1993 (for another two years). Since February, 1993. no extension was granted by the Mines Board but late Tapeshwar Dubey was given engagement on daily wage till February, 1996.After retirement, total benefits were not paid and certain amounts were ordered to be recovered. In the meantime, the employee, Tapeshwar Dubey died which was the reason for the heirs (petition...
Tag this Judgment!Chandrani Sinha Vs. Kausik Sinha
Court: Jharkhand
Decided on: Apr-26-2001
Reported in: II(2001)DMC428
ORDER1. We are considering the appellant-petitioner's application under Section 24 of the Hindu Marriage Act. which has been filed by the appellant-petitioner in this appeal against the Judgment and decree, dated 13th January, 2000, passed by the learned Principal Judge, Family Courts at Dhanbad, in Title (Matrimonial) Suit No. 169/1999 relating to the granting of a decree for restoration of conjugal rights. In the application for maintenance pendents lite, the appellant-petitioner has prayed for grant of maintenance @ Rs. 6,000/- per month with effect from 30th November, 1999, on the ground that thepetitioner is not able to support herself and her minor daughter, whereas the respondent-husband is earning so much income which is sufficient to maintain himself and at the same time provide for maintenance allowance at the aforesaid rate to the appellant- petitioner and her minor daughter aged 3-1/2 years.2. We have heard the learned counsel appearing for the parties and have gone through...
Tag this Judgment!Lidha Oraon Vs. Heavy Engineering Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Apr-20-2001
Reported in: [2001(91)FLR13]
M.Y. Eqbal, J.1. Heard Mrs. M.M. Pal, learned counsel for the petitioner and Mr. R, Mukhopadhyay, learned counsel for the respondent-Heavy Engineering Corporation Ltd.2. In this writ application, the petitioner has challenged the orders passed by the respondents, whereby and whereunder, the name of the petitioner has been struck-off from the roll of the Corporation with effect from 26.11.1988 by invoking clause 15(x) of the Certified Standing Order of the respondent-Corporation.3. The facts of the case lie in a narrow compass.4. The petitioner came in service of the respondent-HEC in 1970 and continuously rendered his services under the respondents. While in service, the petitioner made an application for leave on medical ground. The respondents by letter, dated 23.12.1988 asked the petitioner to submit medical certificate in support of his illness from the registered medical practitioner. The petitioner alleged to have been suffering from mental disorder and he was under the treatment...
Tag this Judgment!Deori Bankira and ors. Vs. the State of Bihar
Court: Jharkhand
Decided on: Apr-19-2001
Reported in: 2001(49)BLJR1843; 2001CriLJ3579
ORDERDeoki Nandan Prasad, J.1. All the three appeals heard together as they are arising out of the same judgment and are being disposed of by this common judgment.2. These appeals have been directed against the Judgment dated 1-9-1995 passed by the District and Sessions Judge, Singhbhum West at Chaibasa in Sessions Trial No. 188 of 1995 whereby the appellants have been convicted under Section 148/364 read with Section 34 and under Section. 452/34 of the Indian Penal Code and sentenced to undergo R.I. for seven years under Section. 364, I.P.C. whereas the appellant Jain Ram Mahali was sentenced to undergo R.I. for two years under Section 364 of the Indian Penal Code.3. The case of the prosecution, in brief is that one Lakhi Ram Mahali along with his family members was staying at his house on 14-1-1995 and on the same day at 6/7 P.M. all the accused persons/appellants variously armed with Revolver, Bhujali and Lathi reached there and called the informant. When the informant. Lakhiram Mah...
Tag this Judgment!Najmussabah Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-16-2001
Reported in: [2001(90)FLR951]
ORDERM.Y. Eqbal, J.1. Heard Mr. Sumir Prasad, learned counsel for the petitioner and Mr. RK.Marathia, learned GP 2.2. In this writ application the petitioner' has prayed for issuance of appropriate direction upon the respondents, particularly respondent No. 4, the District Superintendent ofEducation, Hazaribagh to approve the appointment of the petitioner and to pay salary from the date of her joining i.e. 7.9.1993.3. The petitioner's case is that her father late Hamid Ali Khan was working as a teacher in the school, the petitioner's father died on 28.1.1992 and since nobody was there to maintain the family the petitioner having B.Sc. qualification applied for appointment on compassionate ground as Assistant Teacher on the said school. The application was duly recommended by the respondent No. 5, the Secretary of the school and then the matter was placed before the Committee. The Managing Committee of the school took a decision on 22.9.1992 to appoint the petitioner on compassionate gr...
Tag this Judgment!Sunil Kumar Sinha Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-12-2001
Reported in: [2001(90)FLR61]
ORDERS.J. Mukhopadhyaya, J. 1. This case relates to payment of salary stated to be due since May, 1999.2. On the other hand, the Respondents having issued a show cause notice alleging illegality in the matter of earlier withdrawal of salary. The notice issued vide letter No. 64 dated 1st July, 1999 has also been challenged.3. It appears that the Respondents have raised the question of legality and propriety of appointment of petitioner which is the ground for non-release of salary since May 99 and issuance of the notice dated 1st July. 99.4. In this respect, the petitioner has taken plea that his appointment having made on compassionate ground, the Respondents cannot withhold salary for any one or other technical ground.5. It appears that the father of the petitioner Late Surendra Prasad was in the services of In sic as a Block Animal Husbandry Officer and was posted at Chauparan, Haribagh. He died in harness of 4th February.1988 whereinafter the petitioner applied for compassionate ap...
Tag this Judgment!Tarkeshwar Prasad Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-12-2001
Reported in: [2001(91)FLR15]
M.Y. Eqbal, J.1. In this writ application the petitioner seeks declaration to the effect that he was entitled to Junior Selection Grade by way of First Time Bound Promotion and Senior Selection Grade by way of Second Time Bound Promotion and on the basis of notional promotion a direction be issued for payment of consequential monetary benefits.2. Petitioner was appointed as Lower Division Clerk in the office of Superintendent of Police, Dhanbad in the year 1945. In 1974 the service of the petitioner was placed under the State Transport Commissioner, Patna. In 1980 petitioner was transferred and posted in the District Transport Office, Giridih. On 31.12.1987 petitioner was superannuated and he was paid 90% provisional pension. After superannuation, petitioner made several representations to the Transport Commissioner, Patna for sending service-book of the petitioner to Giridih. But ultimately the Transport Commissioner informed the District Transport Officer, Giridih that the service-bo...
Tag this Judgment!Jawahar Mahto and ors. Vs. Bilash Mahto and ors.
Court: Jharkhand
Decided on: Apr-09-2001
Reported in: 2002(50)BLJR334
Gurusharan Sharma, J.1. Plaintiffs filed Title Suit No. 7 of 1976 for declaration of title over disputed properties, detailed in Schedules 'A' and 'B', and for eviction of defendants from the suit house detailed in Schedule 'B' to the plaint.2. Admittedly, suit properties belonged to plaintiffs' father, Mahangu Mahto, who had built two new houses over Plot No. 715, one for residential purpose and other for keeping catties and for his servants,3. Defendants (sic) came from village Salatua, PS Akbarpur, village Mohammadganj in search of work made proposal to plaintiffs' father, about eleven years earlier to filing of the suit, to allow them to reside in the bigger houses constructed for residential purpose. It was let out to them on monthly rental of Rs. 15/-.4. Plaintiffs came to know subsequently that defendants maneuvered to include their names in the demand register (Register-11) maintained by the State for collection of rent showing that they were also co-sharers.5. Defendants conte...
Tag this Judgment!Brajesh Kumar Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-06-2001
Reported in: [2001(90)FLR618]
M.Y. Eqbal, J.1. In all these four writ applications the petitioners have challengedthe order dated 14.2.1997 issued by respondent No. 4, Regional Director. Animal Husbandry Department, Ranchi whereby the services of the petitioners have been terminated. The petitioners have further sought a direction to the respondents to release their salary which is due since December, 1995.2. Petitioners' case, in a nut shel, is that they joined the services in Animal Husbandry Department, Govt. of Bihar, some times in 1993-94 by the order of respondent No. 5, Regional Joint Director, Animal Husbandry Department, Ranchi. It is stated that the services of the petitioners was extended by respondent No. 5 till further orders vide order dated 8.7.1995. It is contended that the petitioners were working in the department to the utmost satisfaction of their superiors but even then they were not paid their salary since December, 1999. The respondents, instead of releasing their salary, issued show cause no...
Tag this Judgment!Jharkhand Grih Raksha Vahini Swayam Sewak Sangh Through Its Deputy Cha ...
Court: Jharkhand
Decided on: Apr-06-2001
Reported in: 2001(49)BLJR2084
V.K. Gupta, C.J.1. In this petition filed by the Jharkhand Grih Raksha Vahini Swayam Sewak Sangh, through its Deputy Chairman, the petitioner, who claims to be an Association of the Home Guards, has prayed for various reliefs, inter alia, for issuance of a mandamus to allot the duties to the members of the Home Guards' Association and provide them the uniforms, which have been fixed for the members of the Association, without any charges or payment of any amount, and for a direction upon the appropriate authority to enquire into the matter of allotment of duties in the past and for various other related affairs. It is alleged in the petition that rampant corruption is prevalent in the matter of allotment of duties. to the members of the Force; and that the grievances of the members of the Force are not being redressed.2. It appears that in March, 1959, consequent upon certain decisions taken by the Central Government a purely voluntary organisation was set up and brought into existence...
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