Jharkhand Court August 2003 Judgments
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Anant Pandey and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(3)JCR776(Jhr)]
S.J. Mukhopadhaya, J.1. In all these cases, as common question of law involved and almost common relief has been sought for, they were heard together and are being disposed of by this common judgment at the stage of admission with the consent of the counsel for the parties. 2. The petitioners while in the services of the State were suspended on different dates and subsequently retired on attaining the age of superannuation i.e., 58 years, while under suspension. They have prayed for direction on the respondents to pay them full salary of the period of suspension in the revised scale of pay. 3 The petitioner, Anant Padney of WP (S) No. 2085 of 2003, being an accused in the Fodder (A.H.D). Scam was suspended vide Memo No. 139 dated 8th February, 1996, an FIR having lodged against him. While under suspension, he retired on 31st January, 2002 on attaining the age of 58 years.The petitioner, Parshidh Narayan Singh of WP (S) No. 2086 of 2003 being also an accused in Fodder (A.H.D.) Scam was ...
Employers in Relation to Bararee Coke Plant of Bharat Coking Coal Ltd. ...
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: 2003(3)BLJR2164; [2003(3)JCR787(Jhr)]; (2004)ILLJ346Jhar
S.J. Mukhopadhaya, J. 1. The Workman Dip Lal Singh, Watchman of Bararee Coke Plant was in the services of M/s. Bararee Coke Co. Ltd. His services were terminated by a Notice dated 12th October, 1971 w.e.f. 19th October, 1971. The dispute was raised by the workman after about nine years of termination and after about ten years, the Central Government referred the following dispute under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D. Act, 1947) to the Central Government, Industrial Tribunal No. II (hereinafter referred to as the Tribunal). 'Whether the action of the management of Bararee Coke Plant of Messrs Bharat Coking Coal Limited, Post Office Kusunda, District Dhanbad in terminating the services of Shri Dip Lal Singh, Watchman with effect from the 19th October, 1971 vide Management's notice dated the 12th October, 1971 is justified? If not, to what relief is the workman concerned entitled? 2. In the Reference Case No. 13 of 1982, though M/s. Bha...
Satischandra Mahto and ors. and Jitendra Kumar Bhagat @ Jitendra Nath ...
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(4)JCR675(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. B.K. Dubey, learned counsel for the petitioner and Mr. S.K. Singh, JC to AAG for the State respondents.2. The petitioners pray for a direction upon the respondents to fill up the post of Panchayat Sewak lying vacant and sanctioned in the District of Jamshedpur out of the seniority list/gradation list of the eligible Dalpati by appointing the petitioners. The grievance of the writ petitioners are that although the respondents have taken steps for appointment, yet they have not finalised the process till now. A similar matter came for consideration before this Court vide WP (S) No. 4532 of 2001. That statement has been made in paragraph 16 of the writ application but it has not been replied to in the Counter Affidavit. At paragraph-13 of the Counter Affidavit it has been stated that the matter in relation to filling up of the posts of Panchayat Sewak in the District of Singhbhum (East) is in process.3. Since this case is also covered by the Judgments of thi...
Bhupati Lal Das Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(4)JCR678(Jhr)]
ORDERTapen Sen, J.1. Admittedly the petitioner was suspended on 8.2.1996 on account of financial irregularities. More than five years passed but no action was taken by the respondents either to revoke the order of suspension or to initiate departmental action. Accordingly, the petitioner came up before this Court vide WP (S) No. 2777 of 2001. That Writ petition was disposed off by an Order dated 2.8.2001 and an observation was made that since there was nothing on record to suggest that cognizance had been taken against the petitioner in one or other criminal case or that departmental proceeding was pending, the suspension of the petitioner was ordered to be revoked with immediate effect. That order is contained in Annexure-1.2. Thereafter, the petitioner gave his joining by Annexure-3 and the learned counsel for the petitioner has stated that he is being paid salary with effect from 2.8.2001 but nothing has been paid for the period prior to 8.2.1996 i.e., from the date of suspension ti...
Indian Iron and Steel Co. Ltd. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(4)JCR515(Jhr)]
S.J. Mukhopadhaya, J.1. In this case, the petitioner has challenged the entire certificate proceeding including the demand notice dated 7th February, 2003 issued under Sections 4 and 6 of the Bihar & Orissa (Public Demand) Recovery Act, 1914 (for short P.D.R. Act) in connection with Certificate Case No. 17/02-03 as was pending before the Certificate Officer (Mines), Dhanbad and to command the respondents not to take any coercive steps against it or its employees in connection with the aforesaid certificate case No. 17/02-03.During the pendency of the writ petition, the Certificate Officer passed final order in Certificate Case No. 17/02-03, as contained in Memo No. 204 dated 7th March, 2003, whereby and whereunder, the objection raised by the petitioner has been rejected and petitioner has been directed to pay the certificate amount by 13th March. 2003. The aforesaid final order dated 7th March, 2003 has also been challenged by the petitioner by tiling a petition (LA. No. 524/2003) for...
Nand Kishore Jaiswal Etc. Vs. State of Jharkhand and ors. Etc.
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(4)JCR634(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. As all these cases arise out of a common Notice Inviting Tender (N.I.T. for short) and almost similar questions raised, they were heard together and are being disposed of by this common order.2. By the order of the Member, Board of Revenue, Ranchi, the Commissioner of Excise, Jharkhand, Ranchi issued one N.I.T. Gazetted on 12th January, 2002, published in the News paper 'Prabhat Khabar' on 21st January, 2002, inviting tenders for bottling/sacheting and wholesale supply of country liquor for the period from 1st April, 2002 to 31st March, 2005, interested parties were asked to submit tender papers by 3 p.m. on 16th February, 2002.The petitioner - Nand Khisore Jaiswal of W.P. (C) No. 2251 of 2002 has challenged the aforesaid N.I.T. published in the newspaper 'Prabhat Khabar' on 21st January, 2002 on the ground that it is beyond the competence of the Member, Board of Revenue, Ranchi or the Commissioner of Excise, Jharkhand, Ranchi.The said petitioner also soug...
Smt. Vidhu Rani, Shikha Mitra, Smt. Hirko Xess and Anil Kumar Sinha Vs ...
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(4)JCR672(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioners having challenged the common order of transfer, they were heard together and areJCR-- (4)--43(HC) being disposed of at the initial stage with the consent of the parties.2. The petitioners, who are Assistant Teachers were transferred from one school to another by orders No. 1379 and 1380 both dated 20th June, 2003. According to petitioners they joined their respective schools where they were transferred. After about one month the Joint Secretary. Human Resources Development Department, Government of Jharkhand issued impugned order No. 2/B-1-249/2002 : 2056 dated 23rd July, 2003 and cancelled ' the earlier orders of transfer No. 1379 and 1380 both dated 20th June, 2003 on the ground of certain irregularities in the matter of transfer.3. According to petitioners their respective order of transfer dated 20th June, 2003 having acted upon by them there was no occasion for respondents to cancel such order. Their counsel relied on a Patna High Court...
Shib Ram Mahto Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: 2003(3)BLJR2381; [2003(4)JCR518(Jhr)]
M.Y. Eqbal, J. 1. The petitioner has prayed for issuance of a writ for quashing the notice-cum-order dated 30.12.2002 whereby the respondents have stopped payment of pension to the petitioner and have directed the petitioner to refund all the amount of pension received by him.2. The facts of the case lie in a narrow compass :The petitioner joined the service of the Bihar State Electricity Board in 1967 and retired on 30.4.1998 as Head Electrician. He submitted all the papers regarding his pension and gratuity and other benefits. The respondents-BSEB, by order dated 24.11.1998 sanctioned Rs. 1313/- as monthly pension from 1.5.1998. The petitioner was also paid gratuity amounting to Rs. 52080.00 and Rs. 33,418.00 vide office order dated 5.9.1998. The petitioner was also paid GPF amount of Rs. 83,747/-. However, from January, 2003 the respondents have stopped payment of pension on the ground that the petitioner was paid gratuity as per Payment of Gratuity Act. Petitioner's case is that si...
Bokaro Steel Employees Co-operative House Construction Society Member ...
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2003(4)JCR718(Jhr)]
S.J. Mukhopadhaya, J.1. In all these cases, as comon question of law involved and almost similar prayer has been made, they wee heard together and are being disposed of by this common judgment.2. The petitioner, Bokaro Steel Employees Co-Operative House Construction Society Members Association (for short 'Association') through Ramta Prasad Singh and another of WP (C) No. 5980 of 2002 has challenged the bill dated 5th September, 2002 as raised by 6th respondent. Executive Director, P&A; Steel Authority of India Limited, Bokaro Steel Limited (for short BSL) whereby it had demanded a sum of Rs. 3,05,65,796.16 paise from Bokaro Steel Employees Co-operative House Construction Society Limited, Bokaro (for short 'Co-operative Society') on account of arrears on revision of electricity charges w.e.f. May, 1S97. Further prayer has been made to set aside the enhancement of electricity charges as raised by BSL @ 239 paise/kwh (unit) w.e.f. May, 1997 and @ 332 paise/KWH (unit) w.e.f. April, 2002. T...
Bhagwan Das Paswan Vs. Secretary, Agricultural Produce Market Committe ...
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: AIR2004Jhar28
ORDERS.J. Mukhopadhaya, J.1. The petitioner, an Advocate of Dhanbad has preferred this writ petition for direction on the respondent-Agricultural Produce Market Committee, Dhanbad to reimburse the bill submitted by him for appearance in different Courts in the Civil Court, Dhanbad in connection with work of Agricultural Produce Market Committee, Damkara, Dhanbad.2. According to petitioner, a sum of Rs. 2,95,517/- is payable to him by the respondents for conducting their departmental cases on contractual basis with 9% interest and compensation of Rs. 50,000/-.3. On the other hand, according to counsel for the respondents, a sum of Rs. 17,211/- is payable to petitioner for the period in question which has been sent by cheque No 563526, dated 16th August, 2003.4. Counsel for the respondents submitted that bill for adjournment of the cases etc. has been submitted by petitioner, though it is not payable. He has been paid the amount for actual appearance and argument in terms of the order of...
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