Jharkhand Court October 2005 Judgments
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Dr. Jitendra Kumar Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-06-2005
Reported in: [2006(1)JCR406(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by the petitioner for directions on the respondents for grant of the following benefits to him :(A) Arrears of pension after finalisation and fixation of the same(B) Full amount of Gratuity(C) Leave Encashment(D) Salary for the period not paid and(E) Benefit of Assured Career Progression.2. The petitioner was in the services of the State in the Animal Husbandry Department and having made an accused in a criminal case, 'commonly known as Fodder Scam case', he was suspended on 30.1.2002. While in custody, he superannuated from service on 31.8.2002. After retirement, he has been paid Provisional Pension (90%). His grievance is that the respondents had not paid him the gratuity amount, leave encashment amount, Salary for certain period during which he had worked nor his for grant of the benefit to Assured Career Progression had been considered by the respondents.3. Counsel for the State submitted that the criminal proceed...
Md. Awhab Seikh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-06-2005
Reported in: [2006(3)JCR14(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. R.C. Khatri, learned Counsel for the petitioners learned Advocate General appearing for the respondents-State and Mr. P.K. Prasad, learned Counsel appearing on behalf of respondent Nos. 8 and 9.2. In this writ petition the petitioners have prayed for quashing the office orders dated 6.1.2005 and 8.4.2005 (Annexures 38. 4) by which respondent Nos. 2 and 4, namely. Commissioner, Santhal Paragana Division, Durnka and the Deputy Commissioner, Deoghar alleged to have instructed the authorities to forcibly oust the petitioners from their residential house by deploying armed force.3. Petitioners' case is that the land measuring 15 bighas 12 kathas and 5 dhurs situated in the district of Deoghar and the building stating thereon known as Marble House, was at one point of time, leased out by the then Gahwal Pathrol Estate in favour of Mehralli Seikh in the year, 1900 for a period of 50 years. Said Mehralli Seikh continued to be in possession so long he was alive a...
Suresh Kumar Tekriwal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-05-2005
Reported in: [2006(1)JCR158(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned Counsel for the parties.2. In the present application the petitioner has prayed for quashing of the order dated 17.3.2005 taking cognizance of the offences under Sections 420, 406, 467, 468, 469 and 471/34 of the Indian Penal Code, passed by the Chief Judicial Magistrate, Bokaro and also the entire criminal proceeding being C.P. Case No. 325 of 2002 pending before the Chief Judicial Magistrate, Bokaro.3. The relevant facts are that the O.P. No. 2 herein, namely, Bierndra Singh filed a complaint case before the Chief Judicial Magistrate, Bokaro against the three persons namely, Suresh Kumar Tekriwal, the petitioner herein, C. Ravi, the then Manager of Vijaya Bank, Naya More Branch, Bokaro Steel City and H.D. Hedge, Manager, Vijaya Bank, Naya More Branch, Bokaro Steel City. The said complaint was registered as C.P. Case No. 325/2002.4. The case of the complainant as stated in the complaint petition in short is that the complainant was an empl...
Ram Nath Lal Das Vs. Bihar State Small Industries Corporation Ltd. and ...
Court: Jharkhand
Decided on: Oct-05-2005
Reported in: [2006(1)JCR380a(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The petitioner who was in the services of the Bihar State Small Industries Corporation (hereinafter referred to as the Corporation for short) was proceeded departmentally and he was put under suspension with effect from 11th October, 2001 and on the basis of the report of the departmental authority, he was dismissed from service vide order dated 21st December, 2002. The said order of dismissal is under challenge in the present case.2. The case was taken up on 22nd August, 2005, when after hearing the parties, the Court passed the following order :22.8.2005. Heard in Part. From the charge-sheet and records, it appears that the charges are vague. The petitioner has been held 'not guilty' of three of the charges. With regard to the 4th charge, there appears to be no specific finding of the enquiry officer that the particular charge has been proved against the petitioner. The allegation that the petitioner had not joined some place in spite of specific dire...
Ram Narayan Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-04-2005
Reported in: [2006(2)JCR58(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for appropriate writ(s)/order(s)/direction(s) commanding upon the respondents.(I) To regularize and approve his services as Heard Master of Ram Lakhan Singh Yadav High School, Kokar, Ranch! with effect from the date he completed seven years from the date of recognition of the said school or take over of the said school i.e. w.e.f. 6.12.1985 or 2.10.1987.(II) For payment of arrears of salary in the .scale of Head Master w.e.f. 6.12.1985 or 2.10.1987 along with Other consequential benefits.(III) For quashing the order contained in Memo No. 2276, dated 30.8.2005 (Annexure-11) whereby his said claim has been rejected by the Director, Secondary Education, Jharkhand. during pendency of this application.2. The facts giving rise to this case are as follows ;The petitioner is an M.A., B.Ed. He was appointed as founder Head Master in Ram Lakhan Singh Yadav High School, Kokar (Ranchi) [hereinafter referred to as 'the said s...
ishwar Prasad Rai Vs. J.S.E.B. and ors.
Court: Jharkhand
Decided on: Oct-04-2005
Reported in: [2006(108)FLR823]; [2006(1)JCR56(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by the petitioner for a direction on the respondents to pay him the retiral benefits, such as, G.P.F., G.S.S., Pension, Gratuity, commutation of pension etc.2. According to petitioner, he was appointed as Store Keeper in the erstwhile Bihar State Electricity Board (hereinafter referred to as B.S.E.B.) and subsequently, promoted to the post of Assistant Store Keeper. His services were placed under Jharkhand State Electricity Board (hereinafter referred to as J.S.E.B.) vide Notification No. 569/570, dated 24th April, 2002, where he joined on 9th May, 2002 and subsequently, retired on 30th April, 2004.3. The grievance of the petitioner is that though the respondents have sanctioned G.P.F., amounting to Rs. 3,50,896/-. vide order dated 20th January, 2005 and he is entitled for other benefits, as no departmental proceeding or criminal case is pending against him, they have not paid the aforesaid benefits.4. Counsel for J...
Dr. Maya Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-04-2005
Reported in: [2006(108)FLR1125]; [2006(1)JCR165(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for a direction to the concerned respondents to pay her retiral dues as well as arrears of salary on the basis of U.G.C. revised pay scale and to fix her pension and other retiral dues on the basis of the last pay drawn on the post of University Professor from which she has retired and for quashing the part of the order dated 16.03.2004 contained in Annexure 2 and the fixation chart enclosed therewith (Annexure 2/1) and also the order as contained in Annexure 7 whereby the petitioner's scale has been down graded from the scale of University Professor to the pay scale of Lecturer, arbitrarily and illegally and that too after the retirement of the petitioner.2. According to the petitioner, she was appointed as a lecturer in the year 1968 after she passed M.A. in Hindi and obtained her Ph.D. degree. The petitioner was initially appointed as a Lecturer in K.B. Womens' College, Hazaribagh and then rose to the...
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