Jharkhand Court July 2003 Judgments
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Nand Kishore Singh Vs. Yogendra Prasad and ors.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2003(3)JCR769(Jhr)]
ORDER1. Koel Karo Hydroelectric Project was envisaged keeping in mind the potentiality of the project in the matter of generation of Hydroelectric power. The relevant project report was prepared by the Bihar State Electricity Board in the year 1973. This was preceded by a report of the Central Water Power Commission made during the Hydroelectric survey of the Central Indian Rivers in the year 1954. The plan envisaged construction of two earthen dams; one in river south Koel near Basia and the second, in North Karo near Lohajima; a transbasin channel, an underground power house and a small surface power house. The State Government accorded sanction in the year 1980 and in the year 1981, the Public Investment Board gave clearance for the project estimated to cost Rs. 444.61 crores. Steps for implementation of the project went ahead. Some disputes were raised by some people of the locality and the matter was taken to the Supreme Court. A scheme of rehabilitation of the displaced was agree...
Spartan Carriers Private Ltd. Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: I(2004)BC236; [2003(4)JCR89(Jhr)]
ORDERM.Y. Eqbal, J. 1. In this writ petition petitioner has prayed for issuance of appropriate writ for quashing the Tender Notice dated 1.7.2003 published [in the newspaper 'Hindustan' dated 5.7-2003 by which tenders have been invited by the respondents for transportation of coal from various project/mines unit of Kuju Area, Hazaribagh area of Central Coalfields Limited to any point of unloading as per direction of the Area Management for a period of one year and also inviting tender for transportation of clean coal/power coal from Kedla Washery to Chainpur siding and loading the same into Railway wagons.2. Petitioner's company is engaged in coal transportation and said to have vast experience in executing several tender for contract works which were awarded to it time to time. Petitioner's case is that on 14.2.2002 respondents invited a similar tender for transportation of coal and washery products from various project for a period of 2 years. Respondents also fixed certain terms and...
Shashi Bhusan Pathak Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2003(4)JCR510(Jhr)]
R.K. Merathia, J. 1. In this writ petition, learned counsel for the petitioner sought to raise the following grievanees in public interest. The first grievance of the petitioner is that the respondents, while taking admission of the students under the general category i.e. category 3 (vii) of the 'Kendriya Vidyalaya Sangathan Admission Guidelines 2000, cannot give preference, to the students coining from other Kendriya Vidyalayas who were admitted in those Kendriya Vidyalaya under the said general category, over the students of general category who are more meritorious. The second grievance is that the minimum eligible age limit prescribed as five years for admission in class I and consequently 15 years in class XI is bad in law. The third grievance is with regard to the policy of transfer within the schools and the last one is for a direction upon the respondent No. 3 to pay the cost awarded in some other case from his own pocket. In other words mainly the petitioner, is challenging t...
Colliery Karamchari Sangh Vs. Union of India (Uoi) and anr.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2004(1)JCR341(Jhr)]
R.K. Merathla, J.1. In this writ application the petitioner prays for quashing the memo dated 4.6.1999 (Annexure-A), whereby it has been communicated that the Central Government has refused to refer the dispute for adjudication after consideration in terms of Section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).2. The petitioner by a communication dated 16.10.1998 made to the Assistant Labour Commissioner (C) sought to raise an industrial dispute regarding one Shri Raj Kumar Dhari on the grounds that, the actual date of birth of the workman is 5.10.1953, as per the 'family horoscope'; that the workman has been requesting the management since a very long time for the correction of his date of birth which has been mentioned wrongly as 32 years in the service excerpt; that the management neither made any correction nor referred him to the Apex Medical Board for the assessment of his age.3. The management in its communication dated 23.12.1998 made to the ...
Harihar Rajhans Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2004(1)JCR276(Jhr)]
ORDER1. The appellant is employed as Store keeper-cum- Clerk in the Jharkhand State Agricultural Marketing Board. He was posted at Agricultural Marketing Committee, Bokaro. By order dated 12.6.2001 of the Managing Director of the Board, he was transferred to the Board's Head Office at Ranchi.2. He challenged the said order of transfer passed by the Managing Director on the ground of administrative exigency, in this Court vide W.P. (S) No. 5612 of 2001, which was disposed of by learned Single Judge on 26.11.2001 with a liberty to him to approach the Secretary of the Department by filing a representation. Against the said order he has preferred the present appeal.3. Mr. R. Krishna, counsel for the appellant submitted, that under Section 33A of the Jharkhand Agricultural Produce Markets Act, 2000 read with Rule 64(ii)(c) of the Bihar Agricultural Produce Markets, Rules, 1975, it was the Jharkhand Agricultural Marketing Board alone, who had the authority to transfer the appellant from one ...
Kamala Kant Bhattacharjee Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2004(2)JCR373(Jhr)]
Tapen Sen, J.1. Heard Mr. V. Shiv-nath, learned counsel for the petitioner assisted by Mr. Prabir Chatterjee and Mr. Rupesh Kumar Singh, J.C. to S.C.-I representing the State Respondents.2. The Writ Petition is directed against the order dated 16.05.1997 passed by the respondent No. 4 whereby and whereunder while referring to the cancellation of appointment, made by letter dated 23.07.1992 as contained in Annexure I, he gave a general direction to all concerned officers of the Department of Education to ensure that whoever may have been appointed illegally, should be stopped from work and their salaries should also not be paid to them notwithstanding orders of any Court.3. The aforementioned orders was sought to be implemented by the Head Mistress of the concerned school by letter dated 30.05.1997 communicating inter alia to the Petitioner that pursuant to the aforementioned general direction dated 16.05.1997 (Annexure 4), the salary of the Petitioner would not be paid and that no work...
Jitendra Kumar, Vs. Jharkhand Intermediate Education Council Rameshwar ...
Court: Jharkhand
Decided on: Jul-24-2003
Reported in: [2003(3)JCR258(Jhr)]
M.Y. Eqbal. J.1. In all these writ petitions common question of law and facts are involved and, therefore, these writ petitions have been heard and disposed of by this common order.2. The petitioners have prayed for quashing the office orders dated 23.2.2002 'and 26.2.2002, issued under the signature of respondent No. 3 the Secretary, Jharkhand Intermediate Education Council, Ranchi whereby the petitioners have been relieved from their duties who were working on the post of Assistant/Routine Clerk.3. These petitioners were initially appointed in the year 1994 on casual basis as Assistant/Routine Clerk by the Bihar Intermediate Education Council on consolidated wages of Rs. 1500/1200, which was subsequently increased to Rs. 3500/2400. The petitioners were allotted the work of examination/registration relating to South Chotanagpur Division Through allotment chart issued by Respondent No. 3 dated 3.12.2001. It is contended that in the last examination due to mistake of the printer, in som...
R.N. Dwivedi Vs. Chairman Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Jul-24-2003
Reported in: [2003(3)JCR535(Jhr)]
M.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for issuance of an appropriate direction upon the respondents to restore inter se seniority in the gradation list of integrated seniority of the Executives of E-1 to E-5 grades discipline wise treating the petitioner's seniority intact even after transfer from BCCL to CCL and further for a direction to promote the petitioner along with his juniors in E-5 Grade and to pay the consequential benefits.2. The facts of the case lie in a narrow compass :-- The petitioner joined Coal India Limited as Junior Executive Trainee (Civil) in the year 1976 and was promoted time to time in different higher grades. The petitioner was promoted as Executive Engineer and then to senior Executive Engineer in 1987. In the year 1988 the petitioner made a representation to the Chairman-cum-Managing Director, Coal India Limited on 15.01.1988 with the request to transfer him from BCCL to NCL or CCL. The Coal India Limited through its, Deputy C...
Punam Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-24-2003
Reported in: [2003(3)JCR739(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner seeks direction upon the respondents to consider her case for appointment on the post of Assistant Teacher in Government Basic Schools within South Chotanagpur Division, Ranchi and for quashing the order as contained in order dated 28.4.2001 issued by Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi rejecting the claim of the petitioner for appointment on the post of Assistant Teacher in Basic Schools. 2. Petitioner's case is that she applied in the year 1991 for appointment on the post of Assistant Teacher and she was issued interview letter dated 9.4.2001. She appeared before the interview Board on 25.4.1991 and did well but no appointment letter was issued. It is contended that some of the candidates moved Patna High Court in CWJC No. 2271/96-R, which was disposed of on 6.2.1997 with a direction to the respondents to first ascertain the number of existing vacancy and then make appointment from th...
Anil Kumar Garg Vs. Coal India Limited and ors.
Court: Jharkhand
Decided on: Jul-24-2003
Reported in: [2003(3)JCR761(Jhr)]
Tapen Sen, J.1. Heard Mr. Saurabh Arun, learned counsel for the petitioner and Mr. M.M. Banerjea, learned counsel for the respondents.2. When the case was taken up, Mr. Saurabh Arun, learned counsel for the petitioner pointed out that an amendment application has been filed on 13.9.1999 wherein he has made a prayer for quashing the subsequent order dated 11.3.1999 passed by the Chairman-cum-Managing Director, Coal India Limited rejecting the appeal of the petitioner. Since this matter is being taken up finally, Mr. Banerjea has no objection to the aforementioned prayer for allowing the amendment application. Accordingly the amendment application is allowed and the same is taken up for hearing alongwith the writ application.3. The petitioner, in the instant case, has prayed for quashing of Annexure 5, which is an order dated 3.9.1998 passed by the Chairman-cum-Managing Director, Central Coalfields Limited, Darbhanga House, Ranchi, whereby and whereunder he has been reduced to the initia...
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