Jharkhand Court February 2006 Judgments
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Dr. Subhash Kumar Vs. State of Jharkhand Through the Secretary Departm ...
Court: Jharkhand
Decided on: Feb-27-2006
Reported in: [2006(2)JCR372(Jhr)]
S.J. Mukhopadhaya, J.1. The writ petition was preferred by the petitioner for direction on the respondents to allow him to continue and complete his study in Master of Veterinary Science (hereinafter referred to as M.V.Sc.) at Birsa Agricultural University, Ranchi (hereinafter referred to as the University), where he has already completed much more than one year study.2. The petitioner was in the services of erstwhile State of Bihar in its Animal Husbandry and Fishery Department since 1989. He requested the Department for No Objection for pursuing study of M.V.Sc. Course. Persons junior to him were given charge of the higher post but he was denied to hold specialized post having no specialized degree. Earlier he filed a writ petition, W.P.(S) 1804 of 2002 before this Court against a Notification of transfer dated 29th June 2001 and alleged that juniors have been transferred against higher post, a Bench of this Court, vide its order dated 5th September, 2002 disposed of the writ petitio...
Dulal Chand Mahto Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Feb-27-2006
Reported in: [2006(2)JCR197(Jhr)]
ORDERM.Y. Eqbal, J.1. The matter of this writ petition relates to promotion. Service of the petitioner was taken over by the respondent B.C.C.L. in 1985 on a fresh appointment basis as 'Crane Operator' with provision of protection of his pay/grade. The petitioner tried to raise industrial dispute in 1997 and the issue with regard to the promotion was considered by the Assistant Labour Commissioner (Central) Dhanbad and consequent upon failure of conciliation, the matter was forwarded to the proper Government who did not find the case proper for reference to Tribunal for adjudication. The petitioner then moved this Court by filing writ petition being W.P. (S) No. 1870 of 2002. The learned Single Judge held that in absence of any evidence with regard to requisite qualification and experience of the petitioner, it was not possible to find out legality and propriety of the order by which the appropriate Government refused to refer the matter for adjudication. However, the Court directed th...
Deoki Nandan Kejriwal and ors. Vs. Gaya Prasad Gond (Sah) and
Court: Jharkhand
Decided on: Feb-27-2006
Reported in: [2006(3)JCR65(Jhr)]
Narendra Nath Tiwari, J. 1. This Second Appeal, by the defendants/appellants/appellants has been preferred against the judgment and decree passed in Title Appeal No. 3 of 1999, whereby learned lower appellate court has dismissed the appellants' appeal affirming and upholding the judgment and decree of learned trial court passed in Title Suit No. 23 of 1995. 2. The plaintiffs/respondents had filed the Suit praying a decree for specific performance of contract and confirmation of possession of the suit land. The plaintiffs' case was that the defendants' father late Satyanarain Kejriwal, by virtue of an agreement dated-11.09.1980, had contracted to sell the suit property to the plaintiff for a total consideration of Rs. 36,000/- and out of which had taken Rs. 17,050/- by way of advance. The balance amount was payable at the time of the execution and registration of the sale deed. The plaintiffs in part performance of the said contract, were also put in possession of the suit property and ...
Uttam Bouri Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Feb-27-2006
Reported in: [2006(3)JCR492(Jhr)]
ORDER1. As both the appeals have been preferred against the common judgment dated 28.8.2002 passed in CWJC No. 1839 of 1995(R), they were heard together and are being disposed of by this common order.2. The facts of the case in short are as follow :In 1985, Bharat Coking Coal Limited (hereinafter referred to as 'the Management') issued a circular under which female employees could retire voluntarily for giving service in favour of her husband or son or son-in-law. The mother of Uttam Bouri (respondent in LPA No. 520/02 and appellant in LPA No. 493/02) applied under the said scheme and a letter offering appointment was issued to Uttam Bouri on 19.1.1993/2.2.1993. But before he could be appointed, the said scheme was terminated by a circular dated 2.3.1993. On this basis, the Management informed the mother of Uttam Bouri that the employment of Uttam Bouri cannot be considered under the said scheme. Though the mother of Uttam Bouri was stopped from attending her duties, for some time, by ...
The Association of District Planning Officers Through Its Secretary an ...
Court: Jharkhand
Decided on: Feb-24-2006
Reported in: [2006(2)JCR217(Jhr)]
ORDERR.K. Merathia, J.1. Both these inter connected matters were taken up together and are being disposed of by this common order.2. The parties were heard at length.3. The petitioners in W.P.S. No. 3978 of 2005 (hereinafter referred to as the first writ petition) challenged the Notification Nos. 3308, 3329, 3310, 3311, 3316 and 3317, all dated 28.6.2005 (Annexure-9), issued by the Special Secretary, Department of Rural Development, Government of Jharkhand, Ranchi. The grievance of the petitioners is that the Scientific System Analysts and the Credit Planner-cum-Rural Development Experts, who are class II officers, have been posted as Incharge District Planning Officer in several districts in contravention to the Government Resolution No. 615 dated 21.3.1992, issued by the Department of Planning and Development, Government of Bihar.4. While the first writ petition was pending, Government of Jharkhand issued another Notifications, all dated 8.8.2005, by which the aforesaid Notifications...
Biseshwar Lal Agarwal and anr. Vs. Sahdeo Prasad Sao
Court: Jharkhand
Decided on: Feb-24-2006
Reported in: [2006(2)JCR269(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard learned Counsel for the petitioner.2. This application under Article 227 of the Constitution of India is directed against the order dated 28.9.2005 passed by Subordinate Judge II, Dhanbad in Title (Eviction) Suit No. 61 of 1986 whereby the application dated 15.4.2004 filed on behalf of the petitioner No. 1, Biseshwar Lal Agarwal, purported to be under Order VI Rule 17 read with Sections 152 and 153 of the Code of Civil Procedure has been rejected.3. It appears that sole plaintiff Biseshwar Lal Agarwal filed the aforesaid eviction suit for a decree of eviction of the respondent from the suit property. During pendency of the suit, an application was filed under Order VI Rule 17 of the Code of Civil Procedure for addition of Smt. Ram Dulari Goyal, wife of Biseshwar Lal Agarwal as plaintiff No. 2. The said application was allowed but the name of petitioner No. 2, Ram Dulari Goyal was not included in the plaint. The suit was ultimately decreed in favour of the so...
Binod Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-24-2006
Reported in: [2006(2)JCR335(Jhr)]
ORDERM.Y. Eqbal, J.1. This is one of the instances which will show as to how the rule of law is not being followed by the bureaucrats in the Government of Jharkhand. Petitioner, who was working on the post of Accounts Clerk was transferred from Deoghar to Dumka alongwith other persons, vide office order dated 31.12.2003. By the same order one Ajit Narayan Kheware, Accounts Clerk was transferred to Deoghar in place of the petitioner. After the petitioner was relieved from Deoghar, he submitted his joining on 1.8.2005 in the office of Building Division, Dumka. It appears that when the joining of the petitioner was not accepted by respondent No. 4, Executive Engineer, who is present in Court, higher authorities, namely, Superintending Engineer and Chief Engineer by repeated letters and reminders directed the Executive Engineer to accept his joining. When the respondent No. 4 did not obey the direction of the higher authorities, the petitioner had no option but to approach this Court by fi...
Paltan Turi and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-22-2006
Reported in: [2006(2)JCR112(Jhr)]
ORDER1. The appellants, who claim settlement of waste-lands in their favour, belonging to Deoghar District, filed application for the same, which was rejected by the original, appellate and revisional minorities. The orders of ejection were also challenged before the learned Single Judge n the writ petition, which has also been dismissed by the impugned order dated !6th August, 2004.2. Counsel for the appellants while submitted that the appellants have the light of settlement of waste lands, placed reliance on Clause-16 of Part-II of the Santal Praganas Manual, 1911, which stipulates rights and duties of raiyats. The aforesaid Clause-16 reads as follows :Village common rights.-(a) The village community has joint rights over the waste land of the village. Jamabandi raiyats have a preferential right to the settlement of it for reclamation. No waste land may be settled with a non-jamabandi raiyat without the consent of the Sub-Divisional Officer and the proprietor. The raiyats, if aggriev...
Pradip Coke Industries Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-22-2006
Reported in: [2006(2)JCR204(Jhr)]
ORDER1. This writ petition was preferred by the petitioner for the following reliefs:For issuance of an appropriate writ or a writ in the nature of mandamus directing upon the respondents to immediately and forthwith refund the entire amount, which is pending with the Joint Commissioner of Commercial Taxes (Administration), Dhanbad Division, Dhanbad being the excess amount realized from the petitioner under the provisions of Bihar Finance Act, 1981 for the assessment years 1978-1979 to 2000-2001 amounting to Rs. 26.00 lacs (Approx.) in respect of which excess payment notices have been issued to the petitioner and refund applications are pending thereof.For a further direction upon the respondents to grant interest on the said amount with interest @ 9% per annum from expiry of six months from the date of application for refund as per the provisions of Sections 42 and 43 of the Bihar Finance Act, 1981, since the amount is being illegally retained by the respondents despite specific direc...
Kanak Kumari Vs. National Institute of Technology and ors.
Court: Jharkhand
Decided on: Feb-22-2006
Reported in: [2006(2)JCR395(Jhr)]
ORDER1. The husband of appellant, late Arun Kumar, who was Lecturer in Regional Institute of Technology, Jam-shedpur (now known as National Institute of Technology, Jamshedpur-NIT, Jamshedpur for short), died in harness of 17th May, 2003. The widow applied for compassionate appointment but her case having not been considered and the order of appointment having not been issued. She moved before this Court but the learned Single Judge rejected the writ petition on the ground that there is a complete ban on any fresh ap-pointment/recruitment.2. There being no material on record to suggest that there is a complete ban of appointment/recruitment of non-teaching employee.3. Counsel for NIT, Jamshedpur was asked to address on this issue. He relied on a decision of the Board of Governor, Jamshedpur contained in Annexure-C of the 2nd paragraph to the counter affidavit, which reads as follows:The matter of granting compassionate appointment to wards of recently deceased employees was taken up. B...
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