Jharkhand Court February 2005 Judgments
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Elwari KamIn @ Elwari Devi Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(2)JCR326a(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to petitioner, her husband, late Maina Munda was in the services of M/s. Central Coalfields Ltd. (hereinafter it shall be referred to as 'C.C.L.' for short) and died in harness on 19.6.2000. Her grievance is that the respondents have not paid C.M.P.F. amount though she represented before the authorities.2. In the facts and circumstances, as the matter requires determination by the respondents at first instance, the case is remitted with direction to the 4th respondent. Personnel Manager, Central Coalfields Ltd., Jharkhand Colliery, Charhi Area, Hazaribagh to forward the relevant documents to the Regional Commissioner, C.M.P.F., Region No. II, Ranchi within one month from the date of receipt/production of a copy of this order, if it has not yet been forwarded. The Regional Commissioner, C.M.P.F., Region No. II, Ranchi, in his turn, is directed to decide the claim of the petitioner and pass appropriate order. If any amount is found payable to th...
Dr. Sudama Prasad and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(2)JCR326(Jhr)]
ORDERS.J. Mukhupadhaya, A.C.J.1. The petitioners claim to be Ayurvedic Medical Officer of the State. They have been recommended for allocation to the State of Bihar by the Committee but no final allocation of State has been issued by the Central Government under Section 72(2) of the Bihar Reorganisation Act, 2000. The grievance of the petitioner is that though in the case of other doctor the benefit arising out of Assured Career Progression (hereinafter it shall be referred to as 'ACC' for short) has been allowed such benefit to which petitioners are entitled since 15.11.2000 has not been granted to them nor they have been provided non-practicing allowance to which they are entitled.2. As the aforesaid issue requires determination firstly by the respondents and the appropriate Committee is to find out the claim of individual petitioner, instead of deciding the case on merit, it is remitted to the Secretary, Health and Family Welfare Department, Government of Jharkhand, Ranchi. The offi...
Rama Shankar Prasad Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(2)JCR331(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to petitioner, he was in the services of the Jharkhand State Electricity Board (hereinafter it shall be referred to as 'J.S.E.B.' for short) and retired on 31.01.2002 from the post of Electrical Executive Engineer, Electric Supply Division. Giridih. It is stated that he has been paid provisional pension but the other benefits have not been paid including arrears on finalization of pension, gratuity, commuted value of pension, leave encashment etc. While in service, a departmental proceeding was initiated against him which was concluded after his retirement in the year 2003 in which he was exonerated.2. Learned counsel for the J.S.E.B. submitted that it is to be find out whether the petitioner has been actually exonerated in the departmental proceeding or not and what benefit to which he is entitled, if he was in the services of the J.S.E.B.3. In the facts and circumstances, the case is remitted to the Secretary, J.S.E.B., Engineering Building,...
Bacho Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(2)JCR334(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by petitioner for direction on respondents to count his period of service from 1st July, 1962 to 31st December, 1966 for the purpose of fixation of final pension and other retrial benefits.2. The case of the petitioner is that he was initially engaged on 1st July, 1962 as Surveillance worker in the Malaria office at Katihar. He was allowed increment and higher grade but was retrenched on 31st December, 1966. Subsequently, the retrenched employees were given fresh appointment. The petitioner was also given fresh appointment as Surveillance worker in the Malaria office vide order contained in Memo No. 3402 dated 20th June, 1979 and admittedly retired on 31st August, 1999. It appears that the petitioner earlier moved before this Court in W.P. (S) No. 5570/03 for grant of final pension but the aforesaid plea was not taken nor any such grievance was made in the said writ petition. After the Court's direction dated 19.11....
Faldeo Prasad Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(2)JCR337a(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to the petitioner, he was in the services of the Jharkhand State Electricity Board and retired on 28th February, 2002 from the post of Technician-I, Group-A from Patratu Thermal Power Station Patratu, Hazaribagh.2. The grievance of the petitioner is that though the respondents have sanctioned certain amount such as Leave Encashment vide Office Order No. 2730/ Patratu, dated 25th September, 2002 and other benefits like gratuity, provident fund etc., but the retirement benefits have not be paid to him. It is stated that the petitioner has already vacated the Quarters on 23rd August, 2003.3. Having heard the counsel for the parties, as the matter firstly requires consideration by the respondents, instead of giving decision on merit, I direct the General Manager-cum-Chief Engineer, Patratu Thermal Power Station, Patratu, Hazaribagh to decide the claim.4. If any amount is found payable towards retiral benefits, such as, pension, gratuity, leave enc...
Smt. Vijay Bala Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(2)JCR337(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by petitioner for direction on respondents to pay her death-cum-retrial benefits such as family pension, gratuity, leave encashment, group insurance amount, G.P.F. etc. to which she is entitled after the death of her husband, late Hari Shankar Prasad as also the arrears of salary for the period from 27th February, 2003 to 18th February, 2004 during which he was posted in the Adityapur Notified Area Committee.2. According to petitioner, her husband, late Hari Shankar Prasad, was a permanent Government servant working as Junior Engineer in the Water Resources Department. During the period 27.2.2003 to 18.2.2004 he was posted in the Adityapur Notified Area Committee, Jamshedpur but was not paid salary. While in service, he was murdered on 18.2.2004 but, thereafter the death-cum-retiral benefit to which she is entitled was not paid to her.3. Counsel for the petitioner submitted that the period from 27.2.2003 to 18.2.2004 ...
Smt. Paru Bala MahataIn and anr. Vs. Smt. Bijubala MahataIn and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: II(2006)DMC24; [2005(3)JCR232(Jhr)]
Hari Shankar Prasad, J. 1. This second appeal, at the instance of the appellant, is directed against the judgment dated 15.2.1991 and decree dated 4.3.1991 passed in the Appeal No. 42 of 1987 whereby and whereunder the learned District Judge, Santhal Pargana at Dumka modified the judgment and decree of the learned Subordinate Judge and allowed the appeal.2. The plaintiffs instituted a suit for the partition for half share in the suit property and after the appointment of a Amin Commissioner for carving out their separate share, this partition suit was registered as Title Suit No. 11/84/12/87. The case of the plaintiff in brief is that one Lakhiram had two sons namely Iswari Mahato and Jogendra Mahto and defendant No. 1 Kamal Mahto is son and defendant Nos. 2, 3 and 4 are daughters of Jogendra Mahto. The lands described in Schedule A, B and C of the plaint stand recorded jointly in the name of the Iswari Mahato and Jogendra Mahto. Iswari Mahato died in 1940 leaving behind Puran Chand Ma...
Brajesh Kumar Ray and anr., Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(3)JCR464(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. As in all the aforesaid cases, common questions of law are Involved, based on common facts, they have been heard together and are being disposed of by this common order.2. The petitioners claim to be the members of a Co-operative Society, known as Navchetan Sahkari Grih Nirman Samiti, Kamaldih, Chas, District-Bokaro. They have challenged the entire criminal proceeding(s), including the order(s), taking cognizance of the offence under Section 33 of the Indian Forest Act. Some of the petitioners have moved before the District Judge, Bokaro, against the order(s) taking cognizance, by preferring Criminal Revision Applications), which having been dismissed, they have also challenged the revisional order(s) whereas in some of the cases orders passed by the learned Judicial Magistrate, Bokaro, dismissing the discharge petition(s), filed by some of the petitioners, are under challenge.In Cr. MP No. 771 of 2003, the entire criminal proceeding of BF Case No. 17 o...
Laxmi Jha Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-16-2005
Reported in: [2005(4)JCR141(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. Counsel for the petitioner is allowed to implead General Manager -cum-Chief-Engineer. Transmission Zone-1, Ranchi as respondent No. 6 to the writ petition.Mr. Ajit Kumar accepts notice on his behalf.This writ petition has been preferred by petitioner for direction on respondents to pay him the following retiral benefits and other dues :-'(i) Sanction and payment of regular pension of the petitioner w.e.f 1.12.2001 with interest for delayed payment;(ii) Sanction and payment of gratuity along with interest for delayed payment and additional compensation for withholding the amount of gratuity; (iii) Commutation of pension @ 40% of the regular pension;(iv) Payment of arrear of salary on account of revised scale of pay from 1.4.1997 to 31.10.2000.'2. According to petitioner; he was in the services of the Jharkhand State Electricity Board (hereinafter it shall be referred to as 'JSEB' for short) and retired on 31.11.2002 Jamshedpur but the aforesaid benefits ...
Kanhaiya Lal Mahto and ors. Vs. Daman Mahto and ors.
Court: Jharkhand
Decided on: Feb-14-2005
Reported in: [2005(2)JCR327(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this appeal the appellants have assailed the order dated 23.8.2002 passed by the 3rd Additional District Judge, Dhanbad in Miscellaneous Case No. 1/2002 rejecting the petition filed under Order XLI, Rule 19, CPC and refusing to readmit the Title Appeal No. 61/90 which was dismissed for non- prosecution on 12.8.2002. According to the learned counsel for the appellants, the said appeal was dismissed on the ground that the appellants were not taking any interest in the said appeal and they were not ready for hearing when the same was called on for hearing.2. Mr. Amar Kumar Sinha, learned counsel appearing on behalf of the appellants, submitted that the said dismissal order of the learned Court below is absolutely without any cogent material and evidence on record, inasmuch as, the Court below committed errors of record in holding that on 5.8.2002 when the appeal was called out, the appellants were not ready for hearing. The learned counsel referred to th...
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