Jharkhand Court June 2005 Judgments
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Raj Steels and Ferro Alloys Pvt. Ltd. Vs. J.S.E.B. Through Its, Chairm ...
Court: Jharkhand
Decided on: Jun-22-2005
Reported in: AIR2006Jhar59; [2005(4)JCR93(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. M.S. Mittal, learned counsel appearing for the petitioner and Mr. Dilep Jerath, learned counsel appearing for the respondents Board.2. In this writ petition the petitioner has prayed for quashing the inspection report of the Officers of the respondents Board dated 3.6.2005 whereby it has been reported that one plastic seal bit has been broken in the secondary Terminal Box of the metering unit installed outside the campus of the petitioner's factory premises and further for direction upon the respondents not to take any coercive steps pursuant to the aforementioned inspection report and further to restrain the respondents to disconnect the electrical connection of the petitioner on the basis of said inspection report and not to raise any penal bill on the basis of First Information Report.3. The petitioner, a Steel Factory, was sanctioned a load of 2400 KVA by the respondents-Board which was subsequently enhanced to 3000 KVA. It is the admitted case of th...
RojlIn Toppo Vs. General Manager, Patratu thermal Power Station and or ...
Court: Jharkhand
Decided on: Jun-22-2005
Reported in: [2005(4)JCR263(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for a direction on the respondents to pay the following retiral benefits and other dues :(i) Gratuity(ii) 100% pension @ Rs. 3737.50 per month as fixed vide Memo No. 1611, dated 10.5.2004 (presently the petitioner is getting 90% provisional pension @ Rs. 3364/- per month w.e.f. 01.11.2002).(iii) House Rent Allowance : for 17 years.(iv) Overtime Allowances(v) Arrear of salary : (as per Vth PRC Report)(vi) Arrear of salary : (Payable as a result of promotion of the petitioner to Super Selection Grade on 27.8.1997).(vii) Arrear of Pension : @ Rs. 373/-per month from 01.11.2002 to the date of commencement of 100% pension.(viii) Interest @ 12% per annum on all the dues from the date it became due till the date of actual payment on account of delay in making the payment.(ix) Other legal entitlements.2. According to the petitioner she retired from the services of Jharkhand State Electricity Board on 31st Octobe...
Baleshwar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: 2005(2)BLJR1360; [2005(3)JCR256(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for quashing the Office Order No. 195/2004 issued by Memo No. 669 dated 26.5.2004 (Annexure-3) whereby the respondent No. 4 has passed the order for deduction of Rs. 88,893/-from the petitioner's amount of gratuity. The petitioner has also prayed for a direction commanding upon the respondents to pay the entire amount of gratuity, which he is legally entitled to.2. The facts leading to this writ application are as follows : The petitioner joined the service of the Police Department in the erstwhile State of Bihar as a Constable (O) Wireless on 16.8.1969. He was given promotion to the post of Assistant Sub-Inspector (ASI) in the year 1974 and subsequently to the rank of Sub-Inspector of Police w.e.f. 1.8.1992. After reorganization of the State of Jharkhand, the petitioner's service were placed in the Head Quarter of the State of Jharkhand in the year 2001. The petitioner retired on attaining the age of su...
Central Coalfields Ltd. and ors. Vs. Maheshwar Manjhi
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: 2005(2)BLJR1623; [2005(3)JCR269(Jhr)]
ORDER1. Although, these appeals are barred by limitation, having regard to the points raised, we are of the view that the question involved should be heard and decided, and, accordingly, we allow the applications for condonation of delay and condone the delay in filing all these appeals.2. All these five appeals involve the same and/or similar questions of law and fact and are, therefore, taken up together for hearing and disposal.Out of these five appeals, the appeal filed by M/s. Central Coalfields Ltd. against Mino Devi is based on a Judgment dated 3rd March, 2004. The other appeals are all directed against a common Judgment dated 23rd April, 2004.3. In all the writ petitions, the common question was with regard to compassionate appointment as per the provisions of the National Coal Wage Agreement-V. Admittedly, the said Agreement makes provision for such appointment within the parameters, as indicated in the Agreement. Although, in the Agreement itself, no time limit has been spelt...
Bacha Prasad Srivastava Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: [2005(4)JCR92(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for a direction on respondents to pay him the total retiral benefits including other dues to which he is entitled. According to the petitioner he was in the service of Bihar State Electricity Board (now Jharkhand State Electricity Board-J.S.E.B. in short) and retired from service on 31.5.2000. Before retirement he was functioning as Unit Control Engineer and was posted at Patratu Thermal Power Station, Hazaribagh. According to the petitioner he is entitled for the following benefits :(i) Arrears of pension consequent upon revised scale of pay since 1.6.2000 to 31.8.2001 effective from 1.4.1997 amounting to Rs. 30,000/-(approximately) along with penal interest.(ii) Arrears of gratuity already sanctioned by the Bihar State Electricity Board, Patna consequent upon the aforesaid revised scale of pay which is Rs. 1,85,425.25 along with penal interest.(ii) Arrears of differences of amount of leave encashment i...
Hardeo Prasad Sinha Vs. J.S.E.B. and ors.
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: [2005(4)JCR86(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for a direction on respondents to pay him the total retiral benefits including other dues to which he is entitled. According to the petitioner he was in the service of Bihar State Electricity Board (now Jharkhand State Electricity Board-JSEB in short) and retired from service on 31.10.2000. Before retirement he was functioning as Electrical Executive Engineer and was posted at Patratu Thermal Power Station, Hazaribagh. According to the petitioner he is entitled for the following benefits :-(i) Arrears of pension consequent upon revised scale of pay since 1.11.2000 to 30.4.2001 effective from 1.4.1997 amounting to Rs. 11,000.00/-(approximately} along with penal interest.(ii) Arrears of gratuity already sanctioned by the Bihar State Electricity Board, Patna consequent upon the aforesaid revised scale of pay which is Rs. 1,83,120.00 along with penal interest.(iii) Arrears of differences of amount of leave e...
Punit Singh Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: [2005(4)JCR246(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ application has been preferred by the petitioner for a direction on the respondents to consider his case for 2nd time bound promotion from due date, which was wrongfully denied to him on account of fault on the part of the respondents. He has further prayed for a direction on the respondents to pay him the total post-retiral benefits, such as, pension, leave encashment, group insurance etc., including arrears of salary, to which he is entitled.2. According to the petitioner, he was functioning as Skilled Khalashi in the office of the Electric Supply Sub-Division, Chouparan, District-Koderma. On the basis of wrong entry regarding his date of birth, he was illegally made to superannuate on 31st March, 1995. Subsequently, in pursuance of an order, passed by the superior authority, after examination by the Medical Board, he was reinstated on 27th April, 1997 and later on, retired from the service of the Jharkhand State Electricity Board (hereinafter t...
Madhusudan Rai @ Madhu Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: 2005CriLJ332; [2005(4)JCR102(Jhr)]
Amareshwar Sahay, J.1. This appeal is directed against the judgment dated 18.6.2000, in Sessions Trial No. 601 of 2000, whereby the learned trial Court convicted the appellant for committing the offences under Sections 498-A and 304-B of the Indian Penal Code and sentenced him to undergo RI for a period of 2 years under Section 498-A and RI for a period of 7 years under Section 304 of the Indian Penal Code. Both the sentences were directed to run concurrently.2. The prosecution story, in short, is that the informant, namely. Shailesh Kumar Roy (PW 6) , the brother of the deceased Sandhya Roy lodged FIR on 18.5.1996, alleging therein, that his sister Sandhya Roy (deceased) was legally married to the appellant Madhusudan Roy @ Madhu on 18.5.1996 and thereafter his sister started living in the house of the appellant, Madhusudan Roy @ Madhu. The appellant started demanding Rs. 45,000/-(Rupees Forty Five thousand) from the informant and when he showed his inability, the appellant left his s...
Smt. Meera Das Vs. Bharat Coking Coal Ltd., Through Its Chairman and M ...
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: [2005(4)JCR254(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner, who is posted as Ward Sister, in the Central Hospital in Dhanbad was allotted a Quarters No. 111/59 within the Campus of Central Hospital, Dhanbad, vide Office Order No. 3078, dated 1st August, 1994. The respondents vide impugned order dated 2nd August, 2004, contained in Memo No. CMS/CHD/ 2004/3031, has cancelled the said allotment.2. The grievance of the petitioner is that the respondents have cancelled the allotment of the Quarters without any notice to her.3. Counsel for the respondents by referring to the enclosures attached to the writ petition, submitted that the petitioner was never in possession of the Quarters, in question, and it was found that some other person was residing therein. For the said reason, the allotment as has been made in the year 1994 in favour of the petitioner has been cancelled.4. However, the counsel for the petitioner disputed the aforesaid fact.5. Except a bald statement that the petitioner is in possession ...
Rajeshwar Prasad Singh Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jun-21-2005
Reported in: [2005(4)JCR265(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. According to petitioner he was in the services of the Jharkhand State Electricity Board (hereinafter it shall be referred to as 'JSEB') and retired from the post of Assistant Electrical Engineer, Hazaribagh while posted at Electric Supply Sub-Division, Hazaribagh on 31st December, 2003.The grievance of the petitioner is that the respondents have not paid the following dues :(i) The amount of GPF accumulation of the petitioner along with statutory interest payable under Rule 14(4) of GPF Rules.(ii) Sanction and payment of regular Pension with effect from 1.1.2004 along with 5 per cent. interest per annum on delayed payment as per Bihar Pension Rules.(iii) Payment of Gratuity along with 55 interest for delayed payment as per Bihar Pension Rules.(iv) Commutation of Pension.(v) Leave encashment for 240 days unavailed earned leave.3. Learned counsel for the JSEB submitted that the matter may be looked into to find out whether the petitioner is entitled for any b...
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