Jharkhand Court May 2006 Judgments
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Madhuri Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-10-2006
Reported in: [2006(3)JCR264(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner for a direction on the respondents to pay her compensation amount of Rs. One lakh and for further direction on the respondents to consider her case for appointment in the services of the State, her husband late Naresh Dangi having killed by extremists (MCC organisation).2. According to petitioner, her husband late Naresh Dangi was running a business in the home district of Chantra. He used to assist the police to apprehend the extremists. On 19th November, 1999, when the deceased, Naresh Dangi left for village Belharat about 4 a.m. and reached there at about 5 a.m., the extremists kid napped and brought him in a jungle and committed his murder by cutting into several pieces alleging him to be a spy of the police. The incidence was reported and FIR was lodged against 8-10 unknown extremists being Itkhori PS case No. 100 of 1999.3. The grievance of the petitioner is that the respondents have not paid her...
Kari Devi Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: May-10-2006
Reported in: [2006(3)JCR1(Jhr)]
ORDERM.Y. Eqbal, J.1. 'Whether under National Coal Wage Agreement (in short NCWA) a son-in-law of the deceased employee can claim compassionate appointment as a matter of right' is the moot question to be decided in this writ application.2. The deceased husband of the petitioner, late Sitaram Ram was the permanent employee of the respondent-Bharat Coking Coal Ltd.(in short BCCL). It is stated that on 24.1.2003 while petitioner's husband was returning after attending his job, he met with an accident which resulted in his death. After his death the petitioner submitted application for giving compassionate appointment to her son-in-law, Manoj Kumar under Clause 9.4.0 of NCWA.3. The respondent-management took a stand that the son-in-law of the petitioner being not a direct dependant and the petitioner being direct dependant is alive, no appointment could be given to the son-in-law of the deceased. The respondents, in their counter affidavit, further stated that the petitioner cannot, as a ...
Krishna Chandra Ghosh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-10-2006
Reported in: [2006(3)JCR303(Jhr)]
ORDERM.Y. Eqbal, J. 1. Heard learned Counsel for the petitioner and learned Junior Counsel to G.P. IV.2. In this writ application petitioner has prayed for quashing the order dated 28.1.2006 issued by Director. Primary Education, Government of Jharkhand whereby the claim of the petitioner for appointment on the post of Assistant Teacher in Primary Government School in the district of Deoghar has been rejected.3. The admitted case of the petitioner is that he working as Assistant Teacher in Dinabandhu Middle School, Deogarh, a minority aided institution. Although teachers training in the minority school is essential, petitioner was deputed at Primary Teachers Training College, Ghormara, Deoghar for in service training.4. In the year 2000, applications were invited for appointment of Primary Teachers for in Government Primary Schools. In the said advertisement necessary eligibility criteria have been fixed is that a candidate must possess B.Ed, Dip.-in-Ed., Dip,-in-Teach. from a recogniz...
Mahendra Tanti Vs. Jagarnath Tanti and ors.
Court: Jharkhand
Decided on: May-10-2006
Reported in: [2006(4)JCR458(Jhr)]
ORDERN.N. Tiwari, J.1. This civil revision is against the order dated 12.1.2004 passed in Misc. Appeal No. 2A of 1999 by which the Court below has dismissed the appeal. The said appeal was against the order of the trial Court whereby the petitioner's petition for setting aside the abatement was rejected.2. The fact of the case in brief is that original plaintiff of Title Suit No. 6 of 1994, Muni Lal Tanti, died during the pendency of the suit on 28.12.1994. The application for substitution was filed by the petitioner on 16.5.1996 after the suit was abated. The said application was not pressed. Subsequently, another application dated 10.6.1997 was filed praying for setting aside the abatement. The said petition was taken up by the trial Court and it was found that there was absolutely no explanation for delay in filing the application for substitution and for setting aside the abatement and in absence of any such petition, the trial Court rejected the petitioner's application and refuse...
Bhagwat Narayan Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-10-2006
Reported in: [2006(4)JCR586(Jhr)]
ORDER1. The appellant retired in the year, 1997 and was paid the retiral benefits but total benefits not having been paid, a writ petition being W.P. (S) No. 5060 of 2001 was preferred by him wherein a Bench of this Court by order dated 26th March, 2002 while held that the appellant was entitled for due payment, directed the authorities to pay the same. Subsequently, the appellant preferred another writ petition being W.P. (S) No. 2044 of 2005 statutory interest on the provident fund amount having not been paid which was deducted from the salary of the appellant.2. The learned single Judge by order dated 5th May, 2005 having noticed that the entire amount has been paid and the grievance is only with regard to the statutory interest., which was not paid as the provident fund amount was not deposited in time, did not choose to grant any relief.3. On 25th April. 2006 when the case was taken up the following order was passed:Admittedly the appellant is entitled to contributory provident fu...
Jogo Pahan and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-10-2006
Reported in: 2007CriLJ449
1. Jogo Pahan, Mangal @ Suku Pahan and Gopal Pahan were arrayed as A3, A2 and A1 respectively before the trial Judge for facing a charge under Sections 302/34 and 201 IPC. In the judgment the appellants will be referred as Al to A3, in that order, as they were arrayed before the trial Court. The allegation against the appellants is that at 10.00 P.M. on 17-1-87 they inflicted injuries, on Ganesh Singh Munda with lathi and that on account of the said injuries, he died. The further allegation against the appellants is that in order to screen the offence they dragged the dead body from the place where he was initially beaten with lathi and the body was left near the National High Way. The trial Judge, finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life under Section 302/34 I.P.C. The trial Judge, though found the appellants guilty Under Section 201 I.P.C, did not specifically mention the sentence in the judgment.2. The case of the prosecution is ...
Sujit Singh and Hamid @ Pappu Vs. the State of Jharkhand
Court: Jharkhand
Decided on: May-09-2006
Reported in: [2006(3)JCR77(Jhr)]
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and sentence dated 6.12.2000 passed in Sessions Trial No. 140 of 1999, whereby and whereunder the learned 3rd Assistant Sessions Judge, Jamshedpur held all the appellants guilty under Sections 307/34 IPC and convicted and sentenced them to undergo RI for ten years and to pay a fine of Rs. 2000/- each and in default of payment, further undergo simple imprisonment of six months.2. The brief facts leading to this appeal are that in the evening of 29.4.1998 at about 4.30 PM, the informant Sinu Rao was getting the clothes pressed at the shop by Devendra Rajak @ Sethia, situated in Kadma, Jamshedpur, when the appellants arrived there on a scooter. It is further alleged that the appellants fired upon him but the bullet could not hit him. Thereafter the appellants fled away abusing him that all will meet the same fate. The informant reported the matter to Kadma police at about 6.30 PM naming these two appellants to hav...
Ramadhar Singh Vs. the State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: May-09-2006
Reported in: [2006(3)JCR445(Jhr)]
R.K. Merathia, J.Heard.The amendment is allowed. The prayers made in paragraph 4 of the Interlocutory application are added in the prayer portion.I.A. No. 1131 of 2006 is disposed of.C.W.J.C. No. 5155 of 20001. Petitioner has challenged the appellate order dated 22.3.2000 as contained in Memo No. 41/PS dated 22.3.2000 (Annexure-1), passed by the Secretary to the Government, Planning & Development, Bihar, Patna affirming the order bearing No. 407 dated 28.10.1999 (Annexure-2), passed by the Director, Planning Division (Statistical and Evaluation Department), Government of Bihar, Patna, by which he was dismissed from service and order was passed for recovery of emoluments received by him.2. Petitioner's case is that he was appointed after due selection and he joined his post on 11.7.1990. After eight years, the department dismissed him from service on the alleged ground of impersonation. By letter dated 15.12.1998 ( Annexure-3) he was asked to produce certain documents. He could not prod...
Rameshwar Prasad and ors. Vs. Bharat Refractories Ltd. and ors.
Court: Jharkhand
Decided on: May-09-2006
Reported in: [2006(3)JCR511(Jhr)]
Permod Kohli, J.1. All these writ petitions involve common question relating to the grant of compensation in terms of Voluntary Retirement Scheme, 2002 floated by the Respondent No. 1. In view of the common issue involved, all these petitions have been taken up for disposal by a common order.2. It is not in dispute that petitioners in all these petitions opted for voluntary Retirement Scheme, 2002 and they were entitled to the compensation in terms of the Scheme. Clause (G) of the Scheme provide for payment of compensation. Under this clause an employee is entitled to compensation equal to 35 days of every completed year of service and 25 days in respect to the balance service in the Company, In so far the employees who have completed 30 years of service/ they are entitled to 60 months salary for the past service at the rate of last drawn pay subject to the condition it does not exceed the emoluments payable for the remaining period of service. It further provide for 50 per cent of the...
Serophina Besra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-09-2006
Reported in: [2006(3)JCR306(Jhr)]
ORDERM.Y. Eqbal, J.1. Several irregularities allegedly committed by the officers of the Education Department have come to light. In several writ petitions, allegations have been made of appointing candidates either whose names appear below in the panel list or who have obtained requisite qualification after they were selected for appointment or after appointment letters were issued. This case is one of such type.2. Petitioner whose appointment has been cancelled/terminated vide termination order No. 1263 dated 18.8.2005 moved this Court on the ground that he obtained requisite teachers training qualification and was eligible for appointment.3. Admitted facts are that advertisement for appointment of teachers was issued in 2002. Thereafter, written test and interview were held and selection list was prepared. Petitioner along with the application, submitted marks-sheet, allegedly issued by Ursuline Primary Teacher's Training College, Lohardaga. The members of the Scrutiny Committee/Sele...
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