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Jharkhand Court April 2005 Judgments

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Apr 05 2005

Indian Steel and Wire Products Ltd. Vs. State of Jharkhand Through the ...

Court: Jharkhand

Decided on: Apr-05-2005

Reported in: [2005(3)JCR116(Jhr)]

ORDER1. Leave is given to the learned Advocate on the record to the petitioner to correct the cause title as far as respondent No. 4 is concerned to show the said respondent to be the Deputy Commissioner, Commercial Taxes, Jamshedpur Circle, Jamshedpur.2. Having considered the submissions made on behalf of the respective parties, we are of the view that no useful purpose will be served in keeping the matter pending and the same be disposed of even at the stage of admission, having regard to the order that we propose to pass.3. Admittedly, the petitioner Company was declared to be a sick industry under the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as '1985 Act') and a Scheme for rehabilitation was thereafter prepared and sanctioned and pursuant to such Scheme, the Tata Iron and Steel Company Limited is now functioning as promoter of the Company. The Scheme makes provision regarding the earlier sales tax dues which are to remain the liability of th...


Apr 04 2005

Lalita Kumari and anr. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Apr-04-2005

Reported in: [2005(2)JCR435(Jhr)]

ORDERM.Y. Eqbal, J.1. Heard Mr. R. Krishna, learned counsel appearing for the petitioners and Mr. M. Prasad, learned senior counsel appearing for the State.2. In this writ petition, petitioners have challenged the order dated 26.8.2004 passed by the concerned respondent in compliance of the direction of this Court in W.R (S) No. 3011/04.3. Petitioners are the members of Backward Class, Petitioner No. 1 is by caste 'Tell' and Petitioner No. 2 is by caste 'Kushwaha (Koyari)'. Both the caste come under 'Backward Class Annexure-II'.4. Pursuant to the advertisement dated 28.8.2002 for appointment on the post of Primary Teachers, petitioners applied for the said post and submitted Caste Certificate issued in the year 1991/1994 by the then authorities of the united State of Bihar. Petitioners' applications were processed and they were allowed to appear in the written test. Their result was declared and they were found successful and petitioners were directed to file Caste Certificates issued ...


Apr 04 2005

Damodar Valley Corporation Vs. State of Bihar and ors.

Court: Jharkhand

Decided on: Apr-04-2005

Reported in: [2005(3)JCR117(Jhr)]; (2005)IIILLJ842Jhar

M.Y. Eqbal, J.1. In this writ application the petitioner which is the Management of Damodar Valley Corporation (in short DVC), has challenged the award dated 21.2.1994 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in Reference Case No. 5 of 1991 whereby he has answered the reference in favour of the concerned workmen.2. It appears that the Government of Bihar, by Notification dated 20.2.1991, referred the following dispute to the Labour Court for adjudication :'Whether 81 (eighty one) temporary workmen of the attached list working in Bokaro and Chandrapura Thermal Power Stations are entitled for regularization? If so, since when?'3. The case of the Management is that the concerned workmen are contractor's labourers and there is no employee and employer relationship between them and the D.V.C. The job of colony beautification and plantation of B.T.P.S and C.T.P.S. are awarded to the contractors on job contract basis. The concerned workmen are engaged by the co...


Apr 04 2005

Dr. R. Yadav Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-04-2005

Reported in: 2005CriLJ3669

ORDERHari Shankar Prasad, J.1. Heard learned Counsel for the parties.2. Both these applications are for grant of anticipatory bail to the petitioner filed under Section 438, Cr. P.C. in Vigilance P.S. Case No. 18/2002 dated 8-3-2002 giving rise to Special Case No. 19/2002 and Vigilance P.S. Case No. 19/2002 being Special Case No. 20/2002 under Sections 420, 467, 468, 471, 409, 201, 109, 120-B, IPC read with Sections 13(2), 12(i)(d) of the P.C. Act, 1988. Vigilance P.S. Case No. 18/2002 was registered for the purchase made from 1999 to 8-3-2000, whereas Vigilance P.S. Case No. 19/2002 was registered for the purchase made from 1995 to 2000.3. Facts leading to the filing of the applications are that on 8-3-2002 on the written information of DSP Vigilance, Jharkhand, Ranchi, stating therein that on the orders of Additional Secretary and Director General, Vigilance, he held preliminary enquiry into the allegations of illegal payments, construction work carried out and in the matter of purch...


Apr 01 2005

Krishna Kumar Jha and anr. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Apr-01-2005

Reported in: [2005(2)JCR283(Jhr)]

Altamas Kabir, C.J.1. This writ petition has been referred to the Division Bench for disposal having regard to an earlier decision rendered by a learned Single Judge of this Court involving a similar question in WP (S) No. 394 of 2005.2. The said writ application had been filed by one Shekhar Gupta, inter alia, for issuance of a direction on the respondents to consider his case for appointment to the post of a Primary Trained Teacher in a primary school taking into consideration the fact that he had completed the teacher's training course and had obtained a B.Ed. certificate prior to the written examination held for the purpose of filling up the vacant posts of Primary Trained Teachers.3. As will appear from the order dated 8th February, 2005 disposing of the said writ application, it terms of an advertisement published in the newspapers, a 2-years' Teacher Training or a B.Ed diploma of CPD was one of the qualifications prescribed for appointment of a primary trained teacher, Admittedl...


Apr 01 2005

Jagdish Paswan Vs. the Jharkhand State Electricity Board and ors.

Court: Jharkhand

Decided on: Apr-01-2005

Reported in: [2005(106)FLR722]; [2005(3)JCR84(Jhr)]

ORDERNarendra Nath Tiwari, J.1. In this writ application, the petitioner has prayed for quashing the office order dated 10.07.1998 (Annexure 4 to the writ application) issued by respondent No. 5 whereby the petitioner has been informed that his date of birth has been changed from 25.01.1955 to 01.03.1945 in the service record. The case of the petitioner is that he was appointed to the post of unskilled labour by appointment letter No. 1136, dated 02.05.1973 and since then he has been in continuous service. According to the petitioner, 25.1.1955 has been recorded as his date of birth in the service book. Suddenly, by the impugned letter, he has been informed that his date of birth has been changed and shifted to 1.3.1945. The grievance of the petitioner is that the respondents have no authority to change the date of birth originally recorded in the service record and that too after decades of his appointment. Further that the petitioner was not even given any notice prior to making alte...


Apr 01 2005

Kurban Ansari Vs. Rajendra Institute of Medical Sciences (Rims) and or ...

Court: Jharkhand

Decided on: Apr-01-2005

Reported in: [2005(2)JCR434a(Jhr)]

ORDERS.J. Mukhopadhaya, J.1. This writ petition was preferred by the petitioner for direction on the respondents to pay his Pension, Gratuity and other retiral benefits taking into consideration his date of initial appointment i.e., 7th May, 1965.2. The grievance of the petitioner is that the respondents though fixed his Pension and other retiral benefits on the basis thereof, but he has been paid the benefits on the basis of a different date of appointment i.e., 3rd November, 19723. Counsel for the Rajendra Institute of Medical Sciences, Ranchi (RIMS) was directed to produce the Service Book of the petitioner to find out the date of his initial appointment.4. From the Service Book produced by the respondents, it appears that the petitioner was appointed on 7th May, 1965 as Sweeper in the then scale of Rs. 65-70/-. In the format as enclosed therewith as Vivaran 'KA' his date of appointment has been shown as 7th May, 1965. The absence from duty since August, 1965 has also been reflected...


Apr 01 2005

Amresh Pathak Vs. State of Jharkhand and anr.

Court: Jharkhand

Decided on: Apr-01-2005

Reported in: [2006(4)JCR126(Jhr)]

ORDERS.J. Mukhopadhaya, J.1. It is informed that the Principal, Government Girls' High School, Bariyatu, Ranchi and Treasury Officer, Ranchi were present on 18th March, 2005 but no appearance could be recorded as the case was not taken up on the said date.2. A show cause has been filed by O.P. No. 2. Counsel for the State submits that the death-cum-etiral benefits to which the petitioner was entitled have now been paid.3. Counsel for the petitioner submits that the benefit of 12 months special leave, on half average pay, to which the petitioner was entitled as his wife (deceased Government employee) was suffering from cancer and later on died, has not been paid to which he is entitled as per Note-3 below annexures enclosed below Rule 243 of the Bihar Service Code, 1950/Jharkhand Service Code, 2001. It was inserted by Memo No. 731-2F, dated 26th September, 1969. It is further stated that 5% interest for delayed payment to which the petitioner is entitled as per Court's order has not bee...


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