Jharkhand Court June 2005 Judgments
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Rameshwar Vishwakarma Vs. J.S.E.B. Through Its Secretary and ors.
Court: Jharkhand
Decided on: Jun-30-2005
Reported in: [2005(4)JCR72(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. According to petitioner, he was in the services of the Jharkhand State Electricity Board (hereinafter referred to be JSEB) and retired on 31st August, 2004 as Skilled Workman from the office of Electrical Executive Engineer, Electric Supply Division, Giridih South.2. After his retirement 'No Dues Certificate' has been granted by the 5th respondent Electrical Executive Engineer, Electric Supply Division, Giridih South. The 3rd respondent Deputy Director of Accounts, Hazaribagh Electric Supply 'Area, Hazaribagh has also sanctioned a sum of Rs. 1,83,299/- on account of DCR Gratuity vide order dated 4th December, 2004. The 4th respondent Electrical Superintending Engineer, Electric Supply, Giridih has also sanctioned leave encashment equivalent to 180 days vide order dated 4th January, 2005 and a sum of Rs. 45,811/- has been sanctioned towards group insurance by the 4th respondent vide order dated 31st January, 2005.3. The grievance of the petitioner is that in...
Karmachari Kumardhubi Congress Union and Official Liquidator Vs. State ...
Court: Jharkhand
Decided on: Jun-30-2005
Reported in: 2005(3)BLJR1714; [2005(4)JCR57(Jhr)]
ORDER1. Both the Letters Patent Appeals are directed against the common judgment and order of the learned single Judge dismissing the writ application upon rejecting the case made out by the appellants herein as the writ petitioner in the writ application regarding the jurisdiction of the Debts Recovery Tribunal in passing orders after a winding up order has been passed and the Official Liquidator has been appointed in respect of the assets of the Company in liquidation. Taking note of the decision of the Hon'ble Supreme Court in the case of Allahabad Bank v. Canara Bank and Anr., AIR 2000 SC 1535, the learned single Judge came to the conclusion that there was no illegality and infirmity in the order of the Debts Recovery Tribunal which was impugned in the writ application.2. In the appeal preferred by the writ petitioner, Mrs. Pal had initially urged that having regard to the fact that on the basis of the recommendations made by the Board of Industrial and Financial Reconstruction (BI...
Kanahiya Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-30-2005
Reported in: [2005(4)JCR261(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ application has been preferred by the petitioner for a direction on the respondents to pay him the total retiral benefits, such as, pension, gratuity, leave encashment, GPF, and other dues, to which he is entitled.2. According to the petitioner, he was in the services of the State and retired from the post of Junior Engineer on 31st May, 2004, while posted in National Highways Division-I, Dhanbad. According to him, at the time of superannuation, one Mr. Narendra Prasad Singh, Junior Engineer, National Highways Division, Mahuda, Dhanbad, was asked to take charge from the petitioner. It is alleged that inspite of repeated orders and direction, given by the higher authorities, said Sri Narendra Prasad Singh did not take charge from the petitioner, as a result of which, 'No Objection' having not been issued, the petitioner has not been paid the retiral benefits since last one year.3. Having heard learned counsel for the parties, as I find that the mat...
Prodyut Kumar Banerjee Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jun-30-2005
Reported in: [2005(4)JCR70(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for direction on the respondents to pay him the retiral benefits to which he is entitled under the law.2. According to petitioner, he was in the services of the Jharkhand State Electricity Board (hereinafter referred to be JSEB) and retired on 31st January, 2004 from the post of Electric Section Officer, Electric Supply Area, Dumka Division, Dumka.3. His grievance is that the respondents have not paid him pension, gratuity, leave encashment, GPF, GSS, etc. to which he is entitled. Further prayer has been made to direct the respondents to release increments to which he is entitled since 1996 and to calculate the benefit on such basis and to pay the arrears on such release of increments.4. Counsel for the JSEB, submits that the matter will be looked into if the petitioner approaches the General Managercum-Chief Engineer, Electric Supply Area, Mahuadanga, Dumka.5. In the facts and circumstances instead of d...
Bhola Prasad Singh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-29-2005
Reported in: [2005(3)JCR184(Jhr)]
ORDER1. This appeal, at the instance of Bhola Prasad Singh and three others, is directed against the judgment and order dated 22nd June, 2004 passed by the learned Single Judge in a writ application filed by the appellants and one Kashi Prasad, being W.P. (S) No. 837 of 2002.2. It appears from the materials on record and the judgment under appeal that the appellants along with Kashi Prasad and 15 others filed a writ petition, being CWJC No. 13043 of 1993 before the Patna High Court, claiming regularization of their services in the Health Department of Government of Bihar. The said writ petition being dismissed, all the 20 writ petitioners filed a Special Leave Petition before the Hon'ble Supreme Court, which was ultimately numbered as Civil Appeal No. 8336 of 1997. As was noticed by the Hon'ble Supreme Court, those twenty appellants were appointed on 1st of January, 1980 by the Civil Surgeon, Dumka in Class III and Class IV posts as daily wagers. On 30th March, 1989 their appointments ...
Tata Iron and Steel Co. Ltd. Vs. State of Bihar (Now Jharkhand) and or ...
Court: Jharkhand
Decided on: Jun-29-2005
Reported in: [2005(3)JCR357(Jhr)]
1. On 21st November, 1946, the erstwhile Raja of Ramgarh executed a lease in favour of Bokaro and Ramgarh Limited in respect of 4299.84 acres of land for a period of 999 years for colliery purposes. The lease was to be effective from 1st March, 1946. Subsequently, on 23rd January, 1947, the lessee, Bokaro and Ramgarh Limited, granted a sub-lease of the demised lands to West Bokaro Limited on the same terms and conditions as contained in the head lease.2. In 1950, the Bihar Land Reforms Act was enacted and the same came into force in the State of Bihar on 25th September, 1950. The said Act provided for transfer of estates and tenures in the State and Section 10, inter alia, provided that notwithstanding anything contained in the Act, where immediately before the date of vesting of the estate or tenure there was a subsisting lease of mines or minerals comprised in the estate or tenure or any part thereof, the whole or that part of the estate or tenure comprised in such lease would, with ...
B.S. Construction and Yash Construction Vs. Jharkhand State Mineral De ...
Court: Jharkhand
Decided on: Jun-29-2005
Reported in: IV(2005)BC263; 2005(3)BLJR1783; [2005(4)JCR69(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. In these two writ petitions since similar question of law and facts are involved, the same are being heard and disposed of by this similar order.3. The petitioners are aggrieved by the tender notice dated 30.5.2005 published in the newspaper inviting applications for the grant of mining lease in respect of limestone from Semra/Salatuwa Lime Stone Project.4. The brief facts and that both the petitioners were granted mining lease for two years and the period of lease will expire on 20.10.2005 and 20.7.2005 respectively. Before expiry of period of lease, the impugned tender notice was issued for the grant of mining lease in respect of the same limestone.5. Mr. P.P.N. Rai, learned counsel appearing for the petitioners, assailed the impugned tender notice mainly on two grounds. Firstly learned counsel submitted that before expiry of the period of lease of the petitioners, no mining lease can be granted to any person. Learned counsel secondly submit...
Nand Lal Tanti Vs. State of Jharkhand Through the Secretary, Water Res ...
Court: Jharkhand
Decided on: Jun-29-2005
Reported in: [2005(4)JCR257(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for a direction to the respondents to release his pension which according to him has not been sanctioned and fixed from the office of the Accountant General by PPO No. 337791 and to make payment of the arrears of pension.2. The petitioner's case is that he retired room the service of the respondents on attaining the age of superannuation on 31.7.1998. After his retirement the petitioner was paid only provisional pension. But since August, 2003 even payment of that provisional pension has been stopped. The petitioner has claimed that he is entitled to get his full pension as has been sanctioned and fixed from the office of the Accountant General by the said PPO w.e.f. 1.8.1998. It has been stated that if the full pension and arrears thereof are paid, he will vacate the quarter.3. Counter affidavit has been filed on behalf of the respondents stating, inter alia, that the petitioner retired long back, but, till date...
Manoranjan Kumar Vs. State of Jharkhand Through the Secretary Deptt. o ...
Court: Jharkhand
Decided on: Jun-29-2005
Reported in: 2005(3)BLJR1741; [2005(4)JCR226(Jhr)]
Hari Shankar Prasad, J.1. Heard learned Counsel for the petitioner as well as learned JC to GP II for the respondents.2. The instant writ application has been filed for quashing the FIR being Sukhdeonagar P.S. Case No. 615 of 2003 which has been lodged by respondent No. 2.3. The contention of the learned Counsel for the petitioner is that the petitioner had formed Trust known as Birsa Education Trust which is registered under the Society Registration Act and the main object of the Trust is to establish, acquire, take over place of education for the promotion of knowledge among the people without making distinction of caste, creed and religion and apart from other institute, one Birsa Institute of Technology was established in the year 1999 and purpose of this institute is to give training/coaching to the students for their selection in different technical courses and also the institute is imparting training as recognized by the deemed university as per their direction and norms establi...
Bishmani UraIn Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-29-2005
Reported in: [2005(4)JCR244(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this application the petitioner has prayed for a direction to the respondents to appoint the petitioner on compassionate ground whose husband Karma Oraon died in harness in the year 1993. The petitioner, after the death of her husband, filed an application for her compassionate appointment. The application was filed within the prescribed period of five years. When the order for appointment was not passed, the petitioner moved this Court in WP (S) No. 5185 of 2001. In the said writ application it was noticed that an application filed by petitioner's daughter for her appointment on compassionate ground was rejected on the ground that the same was filed after the prescribed period, but so far the petitioner is concerned, she claimed to have filed application within time but the same was not considered. This Court, by order dated 11.10.2001 disposed of the said WP (S) No. 5185 of 2001 directing the District Education Officer, Gumla to find out as to wheth...
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