Jharkhand Court March 2004 Judgments
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Dev Das Mishra Vs. the Managing Director, Sail, Bokaro Steel Plant
Court: Jharkhand
Decided on: Mar-26-2004
Reported in: [2004(2)JCR543(Jhr)]
ORDERAmreshwar Sahay, J.1. The prayer of the petitioner in this writ petition is for a direction to the respondents to refund the amount realized by the respondent towards penal house rent from 10.4.1998 to 30.12.1998 at the rate of Rs. 1338/- per months after declaring the action of the management to be illegal and arbitrary.2. The petitioner being an employee of the respondent was allotted quarter No. 3032/XIIC at Bokaro Steel City and was in occupation thereof. By issue of Annexure-1, a notice dated 24.2.1998 was served to the petitioner by the respondent, wherein it was mentioned that the petitioner had sublet his quarter in question unauthorisedly in violation of terms and conditions of allotment of quarter and therefore, he was directed to remove the unauthorised, sublette within seven days from the date of issue of the letter, failing which necessary action including cancellation of the allotment of the quarter will be taken against him. It is stated that pursuant to the notice,...
Chaitu Oraon and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-26-2004
Reported in: [2004(2)JCR537(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. Moti Ram, F/O respondent Nos. 5 and 6 filed an application Under Section 71-A of the Chhotanagpur Tenancy Act before Special Officer, Lohardaga, for restoration of land of khata No. 92, plot Nos. 946, area 1.78 acres, 973 area 0.60 acres, 1019 area, 1.38 acres and plot No. 1705 area, 1.70 acres respectively total area 5.46 acres situated in Village Juria, PS and District Lohardaga. The said lands were recorded in the name of Dhandeya Oraon in the last revisional, survey. According to the case of the respondent No. 7, Jhanga Lal, the aforesaid lands were surrendered by the recorded tenant Dhandeya Oraon to the Ex-Land Lord by a registered deed of Surrender dated 18.07.1935 and after surrender of the same, the Ex-Land Lord settled the said lands with Bhadru Sahu, F/O Jhanga Lal (respondent No. 7) on 01.08.1935 and since then he remained in possession thereof for 40 years. After vesting of Zamindari the khata of the aforesaid tad was opened...
Kamla Construction Company a Partnership Firm Vs. State of Jharkhand a ...
Court: Jharkhand
Decided on: Mar-26-2004
Reported in: 2004(3)ARBLR457(Jhar); [2004(3)JCR167b(Jhr)]
ORDER1. Heard Mr. V. Shivnath, learned counsel appearing for the petitioner and Mr. Sanjay Kr. Singh, learned JC to AAG for the State.2. The prayer of the petitioner in this writ application is for issuance of a writ of mandamus commanding upon the respondents to pay the entire arrear amount in terms of the decision of the adjudicator, submitted on 18.5.2001 and 19.5.2001 vide Annexure-1 and Annexure-2 in the matter of Package Nos. 50 and 68 of the Bihar Plateau Development Project (BPDP) and their Irrigation Component Agreement with interest @ 18% per annum from the date of dues till actual payment.3. However, Mr. Shivnath learned counsel appearing for the petitioner confines his argument with regard to the decision of the adjudicator as contained in Annexure-1, to the writ application, i.e., the decision submitted on 18.5.2001. Learned counsel for the petitioner has referred to Annexure-1 i.e., the decision of the adjudicator and submitted that if at all the respondents were aggrieve...
Arun Kumar Agarwal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: AIR2005Jhar32; 2004(52)BLJR1003; [2004(2)JCR450(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mrs. Ritu Kumar, learned counsel for the petitioner and Mr. R.N. Sahay, learned Standing Counsel appearing for the respondents.2. Petitioner has challenged the notice dated 22.11.2003 issued by the Divisional Forest Officer, Dumka calling upon the petitioner to show cause as to why JCB earth removing machine used for widening the road be not confiscated for the alleged violation of Section 33 of the Indian Forest Act, 1927.3. The admitted facts are that petitioner company was allotted construction work by the State of Jharkhand for widening and strengthing Dumka-Hansdiha Road from 64 kms. to 115 kms. The agreement regarding said construction on the rate approved by the Tender Committee was executed on 22.1.2003 in terms whereof construction was to be done on priority basis within a period of nine months. While the construction was going on the officers of the Forest Department came on the spot and seized the machine and arrested three of the staff including ...
Sridhar Chandra Mal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: [2004(2)JCR506(Jhr)]
M.Y. Eqbal, J.1. The petitioner has prayed for quashing the order as contained in Memo No. 53, dated 19.2.2003 issued under the signature of Deputy Commissioner, Dumka, whereby the Deputy Commissioner has held that the petitioner is a member of backward class as he is by caste 'Mal' and not a member of Scheduled Tribe.2. Petitioner's case is that he is the permanent, resident of village Masalia in the district of Dumka and is by caste 'Mal' within Paharia Tribe. After due inquiry and verification he was granted caste certificate wherein he was shown as 'Mal Paharia' which is Scheduled Tribe. Accordingly, he was qualified for the post of Panchayat Sevak and appeared before the Selection Committee. The Selection Committee, having found the petitioner fit to be appointed, recommended his name. The District Panchayat Raj Officer, Dumka, Collectorate, vide Memo No. 536, dated 15.10.1989 issued appointment letter to the petitioner under the signature of Deputy Commissioner, Dumka within the ...
Narayan Chandra Mahato Vs. Sarju Mahato and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: [2004(2)JCR512(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. This proceeding under Article 227 of the Constitution of India is initiated by the plaintiff in the suit. The plaintiff challenges the order by Trial Court refusing to pass an order under Order XIII, Rule 10 of the Code of Civil Procedure, since in the case, for more than eight years, no written statement was filed by the defendants which led to the plaintiff filing the application for the relief aforesaid. After the amendment by amendment Act, 2002 of Order VIII, Rule 1 of the Code, the plaintiff made another application to debar the defendants from filing a written statement. While his applications were pending, the defendants filed a written statement, even without a petition, seeking leave to file it or for its acceptance. The Trial Court proceeded to accept that written statement, rejecting the prayer of the plaintiff to pass an order in terms of Order VIII, Rule 10 of the Code of Civil Procedure.2. It is stated that the subsequent application und...
Akhil Bharatiya Jana Swasthya Rakshak (Health Guide) Vs. Union of Indi ...
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: [2004(2)JCR565(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. Though in the writ application, the prayer has been made for a direction to the respondents to regularise the services of the Village Health Guides working in the State of Jharkhand and to be treated as Government Servant with regular pay-scale from the date of their respective appointments and also for the payment of arrears of honorarium which have not been paid to them for the last so many years but in course of argument, Mr. Mukhopadhyay, learned counsel for the petitioner confines his argument and made a prayer only with regard to payment of honorarium which is due to those Village Health Guides working in the State of Jharkhand.3. Learned counsel for the State of Bihar on the basis of the counter affidavit filed by them, submits that as per the decision of the Government of India as contained in Annexure-'A' and consequently the letter of the Government of Bihar as contained in Annexure-'B' to the counter affidavit. Village Health ...
Santosh Kumar Yadav Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: [2004(2)JCR505(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner has prayed for quashing the order dated 28.2.2003 issued under the signature of Personnel Manager, Sirka, Central Coalfields Limited by which the petitioner was informed that his case on compassionate ground was turned down by the authorities of respondent CCL. 3. The petitioner's case is that his father late Rani Surat Yadav while working under the respondents died on 11.12.2000 leaving behind his widow, sons and daughters including the petitioner. After his death the widow requested the respondents through an application to provide employment to her son, namely. Santosh Kumar Yadav. The application for employment was turned down for want of documents. The petitioner again submitted all the documents including the matriculation certificate, school leaving certificate showing date of birth, parentage along with an affidavit of widow in support of the case that the petitioner is the son of the deceased. A copy of the matriculatio...
Chhotu Lal Rana Vs. Managing Director, Bokaro Steel Plant and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: [2004(102)FLR534]; [2004(2)JCR533(Jhr)]
ORDERM.Y. Eqbal, J. 1. Heard the parties.2. The petitioner has challenged the order as contained in letter dated 8.2.2003 by which the respondents have decided to superannuate the petitioner on 30.6.2003. This writ petition was filed on 23.6.2003.3. I am fully aware of the settled proposition of law that the dispute with regard to date of birth between the employer and the employee cannot be gone into and decided by the writ Court under Article 227 of the Constitution of India. But in the peculiar facts and circumstances of this case the writ Court can interfere with the impugned letter whereby petitioner has been sought to be compulsory retired w.e.f. 30.6.2004.4. Petitioner's case is that he joined the services of the respondents on 24.2.1971. On the date of joining his date of birth as recorded in the service records is 20.6.1944. The said date of birth is mentioned in each and every service documents of the petitioner maintained by the respondents. It is contended by the petitioner...
Shridhar Chandra Mal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: 2004(2)BLJR1022
M.Y. Eqbal, J.1. The petitioner has prayed for quashing the order as contained in memo No. 53 dated, 19.2.2003 issued under the signature of Deputy Commissioner, Dumka, whereby the Deputy Commissioner has held that the petitioner is a member of backward class as he is by caste 'Mal' and not a member of scheduled tribe.2. Petitioner's case is that he is the permanent resident of village Masalia in the district of Dumka and is by caste 'Mal' within Paharia Tribe. After due inquiry and verification he was granted caste certificate wherein he was shown as 'Mal Paharia' which is Scheduled Tribe. Accordingly, he was qualified for the post of Panchayat Sevak and appeared before the Selection Committee. The Selection Committee, having found the petitioner fit to be appointed, recommended his name. The District Panchayat Raj Officer, Dumka, Collectorate, vide memo No. 536 dated 15.10.89 issued appointment letter to the petitioner under the signature of Deputy Commissioner, Dumka within the Sche...
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