Jharkhand Court March 2005 Judgments
Chandra Shekhar Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-31-2005
Reported in: [2005(2)JCR322(Jhr)]
S.J. Mukhopadhaya, J.1. This case relates to appointment to the post of Primary Teacher in the State of Jharkhand. The petitioner, who claims to be eligible for appointment and has been declared successful in the written test, has prayed for direction on the respondents to appoint him to the post of Primary Teacher.2. The brief facts of the case, as pleaded by petitioner, is that the Jharkhand Public Service Commission (J.P.S.C. for short) published notice in the newspaper 'HINDUSTAN' on 29th August, 2002 calling for application for appointment to the post of Primary Teacher under the State of Jharkhand. In pursuance of the said notice, the petitioner applied for his appointment and appeared in the written test held on 27th May, 2003. The list of successful candidates was published on 13th November, 2003. He was declared successful and his name was recommended for appointment as Primary Teacher in the District of Ranchi. The District Superintendent of Education, Ranchi, thereafter aske...
Tag this Judgment!Dipak Kumar Mandal and ors. Vs. Jharkhand Public Service Commission an ...
Court: Jharkhand
Decided on: Mar-31-2005
Reported in: [2005(2)JCR292(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners against the part of the Advertisement No. 1/2004-05 issued by the Jharkhand Public Service Commission (hereinafter referred to as J.P.S.C.), whereby applications have been called for appointment of Ancient Language Teachers (Sanskrit and Urdu). Minimum qualification of Acharya/Fazil or M.A. in Sanskrit/Urdu' and Degree of Bachelor of Education, from a recognized Institute has been laid down.2. According to the petitioners, they are B.A. (Honours) in Sanskrit/Urdu and are eligible for appointment to the post of Ancient Language Teachers (Sanskrit/ Urdu). But just to exclude them and other similarly situated persons, applications have been called for only from those who hold the qualifications of Acharya/Fazil or M.A. in Sanskrit/Urdu.3. Counsel appearing on behalf of the petitioners, placed reliance on a Resolution No. VI/M 7018/63E-374 dated 29th March, 1963, issued by the Government of Bihar from its Educ...
Tag this Judgment!Sindhu Sahay Vs. Union of India (Uoi) Through Ministry of Defence and ...
Court: Jharkhand
Decided on: Mar-31-2005
Reported in: [2005(2)JCR289(Jhr)]
S.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner against the order, contained in Letters No. E/11/428 dated 3rd October, 2003 and 9th October, 2003, both issued from the office of Cantonment Board, Ramgarh Cantt., Ramgarh, Jharkhand. By the first letter dated 3rd October, 2003 while the petitioner, Head Mistress of Cantonment Board, Middle School, Ramgarh Cantt. has been informed that in view of the judgment of this Court, the 5th respondent Smt. Indu Singh has been promoted to the post of Head Mistress, Cantonment Board, Middle School, Ramgarh Cantt., Ramgarh, by the second order dated 9th October, 2003 she (petitioner) has been transferred to the post of Head Mistress, Cantonment Board Primary School, Ramgarh Cantt., Ramgarh.2. The main plea, taken by the petitioner, is that she being senior to the 5th respondent, was rightly promoted and posted as Head Mistress, Cantonment Board, Middle School, Ramgarh Cantt., Ramgarh.3. The brief fact of the case, as pl...
Tag this Judgment!Subrata Kumar Ghosh and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-31-2005
Reported in: [2005(2)JCR318(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant against the order dated 5th March, 2004, passed by the learned Single Judge in W.P. (S) No. 1311 of 2004, whereby and whereunder, the writ petition, preferred by the writ petitioners/appellants has been dismissed in the light of an order dated 4th March, 2004, passed in W.P. (S) No. 588 of 2004 and analogous cases.2. The case of the appellants is that they applied in pursuance of an advertisement, published by Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as 'J.P.S.C.') in August, 2002 (published in the newspaper 'Hindustan' on 28th August, 2002) for appointment to the posts of Primary Trained Teachers in Primary Schools, situated within the territory of the State of Jharkhand. They appeared in the written examination, held on 27th May, 2003. Thereafter, the result of successful candidates was published on 14th November, 2003 in the newspaper 'Dainik Jagran' and they were shown successful....
Tag this Judgment!Wing Commander Narinder Nath Agarwal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(2)JCR281(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal arises out of judgment dated 20th July, 2004 passed by the learned Single Judge in W.P. (S) No. 2400 of 2004.2. The appellant was appointed as Director of Rajendra Institute of Medical Sciences, Ranchi (hereinafter referred to as RIMS) by Notification No. 941, RIMS, dated 28th February, 2004. His appointment was cancelled by the Governing Body of the RIMS, vide Notification No. 1814 (RIMS), Ranchi dated 11th April, 2004 and his services were terminated.The learned Single Judge of this Court while dealing with the writ petition preferred by the appellant, upheld the order of cancellation of appointment.3. The only question raised for determination is whether the order of cancellation of appointment as made vide Notification No. 1814, RIMS, Ranchi dated 11th April, 2004 is legal and proper.4. The facts of the case, as admitted, are that the RIMS, an Autonomous Institution, was constituted under Rajendra Institute of Medical Sciences Act, 2002 for impar...
Tag this Judgment!Atul Mahto and ors. Vs. Jhunkibala MahatawaIn and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(2)JCR520(Jhr)]
ORDERN.N. Tiwari, J.1. This Civil Revision application is against the judgment and order passed in Civil Misc. Appeal No. 3 of 1999/3 of 2004 by 2nd Additional District. Judge (FTC), Jamtara whereby the Court below has dismissed the appeal affirming the judgment and order passed by Subordinate Judge II, Jamtara in Title Suit No. 45 of 1983, whereby the plaintiffs' plaint has been returned.2. The plaintiffs case is that he filed Title Suit No. 45 of 1983 in the Court of Subordinate Court, Jamtara praying relief for declaration of right, title and for recovery of possession of the land of plot No. 230 of Mauza-Daur. The plaintiff had further prayed for a decree for partition of half share in the said land. The suit was valued at Rs. 550./-3. On receiving summons the defendant appeared and filed written statement taking grounds, inter alia, that the plaint was over-valued and the Court has no pecuniary jurisdiction and that the suit was not maintainable.4. After closing the evidences of t...
Tag this Judgment!Seema Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(105)FLR923]; [2005(2)JCR338(Jhr)]
Sudhanshu Jyoti Mukhopadhaya, J.1. In these writ petitions and appeals, as common questions of law involved, they were heard together and are being disposed of by this common judgment.1. WP(S) No. 94/2002 (Seema Devi):2. This petitioner has challenged the Order No. 1146/2001, as contained in Memo No. 1582, dated 22nd October, 2001 issued by the S.P., Special Branch, Jharkhand, Ranchi, whereby and whereunder, the said respondent while approved the Order No. 2734/2001, contained in Memo No. 7014, dated 16th October, 2001 issued from Special Branch, Bihar, Patna, terminated the services of petitioner on the ground that the initial appointment of her husband was illegal and that the petitioner was not entitled for compassionate appointment.The case of the petitioner is that her husband, Late Navin Kumar was appointed as a Constable under the State of Bihar on 10th July, 1996 and died in harness on 6th June, 1999. After his death, on her application, she was appointed as Lady Constable in p...
Tag this Judgment!Dilip Kumar Gupta and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: 2005(2)BLJR1059; [2005(2)JCR293(Jhr)]
S.J. Mukhopadhaya1. As in all the appeals and writ petition, common questions of law are Involved, relating to appointment to the posts of Primary Teachers in Nationalized Primary Schools, they have been heard together and are being disposed of by this common judgment.2. In pursuance of an advertisement, published by the Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as 'JPSC'), all the appellants/ petitioners applied for appointment to the posts of Primary Teachers; most of them were declared successful by the JPSC but they have not been appointed on the ground that they do not possess the requisite qualifications i.e. decree/diploma/ certificate of teachers training from an institute, recognized by the National Council for Teachers Education (hereinafter to be referred as 'NCTE').3. In fact, after selection of the candidates, the JPSC recommended the names of the selected candidates on the condition that appointment letter(s) should be issued only after prope...
Tag this Judgment!Employees in Relation to the Management of Bhowra Coke Plant of B.C.C. ...
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(2)JCR280(Jhr)]
M.Y. Eqbal, J.1. Heard2. In this writ petition, petitioner who is the employer in relation to the management of Bhowra Coke Plant of M/s. Bharat Coking Coal Limited has challenged the Award passed by the Central Government Industrial Tribunal No. 2, Dhanbad whereby the Tribunal has answered the reference against the management holding that the concerned workman Smt. Panchami Mahatine is entitled to her reinstatement with full back wages and consequential relief.3. The Central Government, Ministry of Labour, has referred the following dispute for adjudication to the Tribunal.'Whether the action of the management in dismissing Smt. Panchami Mahtain from the service of the company is justified? If not, to what relief the concerned workman is entitled?4. The concerned workman is a lady, against whom the charge of theft, fraud or dishonestly in stealing away coal was levelled and also assaulting of the female Security Guards. Charge-sheet was served upon her and the departmental inquiry was...
Tag this Judgment!B.C.C.L. and ors. Vs. Gorakhnath Harijan
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(2)JCR324a(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant-M/s. Bharat Coking Coal/Limited (B.C.C.L. for short) and others against the judgment and order dated 4th March, 2003 passed by learned Single Judge in W.P. (S) No. 4063 of 2002, whereby and where under, learned Single Judge allowed the writ petition in favour of respondent, Gorakhnath Harijan with direction to the appellants to pay him the wages and other consequential benefits for the period from 1st March, 2001 to 2nd April, 2002.2. The relevant facts of this case is that the respondent, Gorakhnath Harijan, who is in the services of M/s. B.C.C.L., passed Junior High School Examination in the year 1960. In the certificate issued by the District Inspector of School, Education Department, Gazipur, Government of U.P., his date of birth was recorded as 20th January, 1946. In the year, 1966, when he was appointed in the services of M/s. B.C.C.L., his date of birth was, accordingly, entered as 20th January, 1946 but all...
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