Court : Jharkhand
Reported in : [2003(1)JCR350(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner has challenged the notification No. 2017 dated 29th August, 2002 (Sl. No. 1) whereby and whereunder respondent No. 5 Shri Satyendra Narayan Singh has been posted as Soil Conservation Officer, Lohardagga.2. According to petitioner Gunanand Jha, he is holding substantive post of Assistant Soil Conservation Officer, Kisko, Lohardagga and was holding additional charge of the post of Soil Conservation Officer, Lohardagga. It is alleged that respondent No. 5 is junior to him, who has now been given charge of the higher post of Soil Conservation Officer, Lohardagga and thereby the junior will control the petitioner. The respondent No. 5 as also the State have disputed the petitioner's claim that he is senior to respondent No. 5.3. It appears that the petitioner was an Agricultural Inspector in the scale of Rs. 2000-3800. Subsequently the State of Bihar upgraded the post by merging the same with the Bihar Agricultural Service Class-II and provided wi...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR658(Jhr)]
ORDERHari Shankar Prasad, J.1. The petitioner, who claims to be owner of truck No. WB-15-0229, has filed this application under Sections 397 and 401, Cr PC for release of truck seized in connection with Mandu/ Kujju P.S. Case No. 158 of 2002. In course of hearing of the instant application, an order was passed on 25.6.2002, pursuant to which petitioner, through supplementary affidavit, has amended the petition and has challenged the seizure also. The relevant portion of the aforesaid order dated 25.6.2002 is quoted herein below :'Counsel for the petitioner prays for time to file supplementary affidavit for amending the prayer portion of the criminal revision application in order to challenge the seizure of the truck in question as well. The prayer is allowed.This criminal revision application is for release of the truck bearing registration No. WB 15-0229 which was seized in connection with Mandu (Kuju) P.S. Case No. 158 of 2002, pending in the Court of the Chief Judicial Magistrate, H...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR498(Jhr)]
ORDERVikramaditya Prasad, J. 1. The petitioner has filed this writ application for a direction upon the respondent No. 4 for giving due promotion to the petitioner to the post of Head Master accruing prior to 31.12.1995 as the juniors were promoted ignoring the petitioner's claim. 2. The aforesaid demand of the petitioner arose out of the fact that according to the petitioner, he was at Sl. No. 14 of the Gradation List whereas one Jonko was at Sl. No. 16. The petitioner was not granted initially the B.Sc. trained scale. Subsequently, he had moved High Court because the claim of the petitioner to that scale was denied by the District Education Establishment Committee by Annexure-6. The claim of the petitioner is as follows :-- 'Unka Daba Hai Ki Unka Nam Boriyata Suchi Me 14 Number Par Hai. Thatha Shri Jonko Ka 16 Number Par Hal Shri Jonko Unse Niyukti, Yogotha I.Sc. Prothistha Betanman Prapti Me Kaniya Hai. Phirbi Unhe 12.3.1987 Se B.Sc. Prothistha Ka Bethanman Abang 18.3.1996 Ke Adesh ...
Tag this Judgment!Court : Jharkhand
Reported in : 2003(51)BLJR133; [2003(1)JCR327(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. In all thecases, as common orders of cancellation of transfer orders are under challenge and involve common points of law, they were heard together for disposal by this common order.2. The petitioners were earlier transferred from one place to another by common order dated 27th December, 2001 issued by the Director, Primary Education, Human Resources Department, Jharkhand on the recommendation of the Establishment Committee. They having relieved, joined their transferred posts.3. The details of transfer of different petitioners from one place to another, date of relieving and joining to the other place, are as follows :Case No.Name of the PetitionersTransferred fromRelieved on Transferred to Joined onWPS 2377/021. Ram Pd. MahtoBEEOBhandra Lohardaga 2. Chandreshwar PanditBEEO Kara Ranchi15.1.02 BEEO Bhandra 18.1.02 3. Smt. Mala KumariDeputy DSE Ranchi15.1.02 Sub. lnsp. of School Ranchi 15.1. 02 4. Prabhu Narayan PathakBEEO Raydih Gumla28.9.02 BEEO Ratu 29.1...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR515(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. A.K. Sahani, learned counsel for the petitioner and Mr. Shamim Akhtar, learned SC-II.2. The grievance of the writ petitioner in the instant case is that notwithstanding the earlier judgment of the Patna High Court passed in CWJC No. 8004 of 1998 (Annexure 8) by which a specific direction had been made to decide the issue once and for all, and also notwithstanding the release of, funds by the Jharkhand Government as is evident from Annexure 9, which is a letter dated 30.3.2001, the petitioners have not yet been paid their interim relief since October 1999 and also arrears, teaching allowances, regional allowances and other benefits.3. It appears that by judgment of the Patna High Court passed on 4.1.2000, it was inter alia indicated that the State Government by a resolution had decided to give medical allowance, house rent allowance etc. to the employees of the recognised Govt. aided Minority Schools at par with the employees of taken over Government Schoo...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR353(Jhr)]
ORDERTapen Sen, J. 1. Heard.2. The order dated 4.8.2001 passed by the District Superintendent of Education, Lohardaga canceling the appointment of the Petitioner without assigning any reasons, is under challenge in this case. A consequential prayer has been made that after setting aside the aforementioned order, the petitioner be allowed to continueto work as Assistant Teacher under the Respondent No. 6 (i.e., Government Middle School, Naru Nawadih,. Kisko at Lohardaga).3. An advertisement for the appointment of Assistant Teachers for Government Primary School was published in the year 1991 through Bihar Public Service Commission. Pursuant thereto the petitioner applied for the District of Lohardaga and after having been successful in the preliminary examination, he had been granted a provisional admit card for appearing in the main-examination. He did appear in the final examination and after facing an interview was declared successful and his results were duly published in the 'Rojga...
Tag this Judgment!Court : Jharkhand
Reported in : 2003(51)BLJR120; [2003(1)JCR324(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. The father of petitioner late Bhora Man) hi was in the services of M/s. C.C.L. in its Rajrappa Washery Project. He died in harness on 3rd June, 1999. The petitioner thereafter applied for compassionate appointment on 27th January, 2000 but it has been rejected on 13th June, 2002 and 3rd July, 2002 on the ground that the application was filed after 7 months and 21 days of the death of father of petitioner.2. Counsel for the respondents submitted that a circular dated 12th December, 1995 was issued wherein six months period was stipulated to accept the application for compassionate appointment. The petitioner having applied after 7 months and 21 days of death of his father, the application was rejected on the ground of delay.3. The submission aforesaid made on behalf of respondents cannot be accepted as it will be evident from the Circular No. 7151 dated 12th December, 1995 that it was never circulated amongst the employees, which reads as follows :CENTRAL C...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR516(Jhr)]
ORDERTapan Sen, J.1. Heard Mr. A.N. Deo, learned counsel for the petitioner and Mr. S.K. Ugghal, learned counsel for the respondents.2. The petitioner, a petty peon working in the Bermo Mines of Damodar Valley Corporation was veritably shocked when he learnt through a 'Retirement Forecast' as contained at Annexure 2 that he would be superannuated on and from 31st December, 1997 contrary to his own record and contrary to his own date of birth which according to the petitioner was actually 21.7.1942 which logically would have taken him to 21.7.2002 before he actually would have superannuated. Being aggrieved by the aforementioned retirement forecast, the petitioner protested whereafter a medical board was constituted by the Management themselves and the petitioner was asked to appear. Subsequently the medical board examined the petitioner and found him to be actually less in age and therefore an office order was subsequently issued on 27.7.1998 (Annexure 4) by reason whereof the date of ...
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR326(Jhr)]
ORDER1. At the instance of Janta Mazdoor Sangh, Jharia, the Government of India in exercise of powers under Section 10(1)(d) of the Industrial Disputes Act, 1947, referred the following dispute for adjudication before the Central Government Industrial Tribunal No. II at Dhanbad :'Whether the action of the management of Bastacolla Colliery of M/s. Bharat Coking Coal Ltd. P.O. Jharia, district Dhanbad in dismissing Sri Rajendra Singh from the services of the Company w.e.f. 14.5.1989 is justified If not, to what relief the workman is entitled ?'2. On 10th May, 1999, the tribunal gave award In favour of Rajendra Singh to the effect that he was entitled to an order of reinstatement and that too with full back wages. The management was, therefore, directed to reinstate the concerned workman and pay full back wages.3. The employers in relation to the Bastacolla Colliery of M/s. Bharat Coking Coal Ltd. challenged the said award vide C.W.J.C. No. 2386 of 1999(R) in this Court, which was dismiss...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR402b(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award passed by Subordinate Judge, Palamau (hereinafter referred to as the Land Acquisition Judge) in LA No. 68 of 1985, whereby he has partly enhanced the compensation amount in a Reference case under Section 18 of the Land Acquisition Act.2. The facts of the case are not in dispute. The land measuring 2.74 acres of village Bishunpur besides other lands was acquired by the State for construction of residential house and inspection bungalow of Damare Jalashai Yojana at village Bishunpur and award was prepared by the Land Acquisition Officer. The appellant made prayer for reference under Section 18 of the said Act and the matter was heard by Land Acquisition Judge. The case of the appellant is that the land of the same plot was acquired and compensation was paid in Compensation Case No. 1 of 1977-78 at the rate of Rs. 21,333/- to Rs. 26,667/-. The appellants adduced evidence before the Land Acquisition Judge in respect of...
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