Jharkhand Court July 2006 Judgments
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Mahesh Mistry Vs. Ranchi University Through Registrar and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2006(3)JCR385(Jhr)]
Amareshwar Sahay, J.1. The petitioner has prayed for a direction to the respondent to refix the pay of the petitioner in the scale of Rs. 3700-6700/-, i.e. the pay scale of a Reader, since the petitioner was promoted to the post of a Reader by issue of Annexure-1, i.e. the notification dated 05/08/1995, by the Ranchi University and in the said notification the name of the Petitioner stands in Sl. No. 21, wherein he was given promotion to the post of a Reader w.e.f. 01/02/1985.Admittedly the petitioner has retired from the service as Lecturer of Ranchi University on 31/01/1994 and this notification promoting him to the post of a Reader was issued only after his retirement, i.e. on 5th August 1995.2. The grievance of the petitioner is that though he was given promotion to the post of a Reader by issue of Annexure-1 w.e.f. 01/02/1985 but still his pension has not be refixed in the scale of Reader. Further claim of the petitioner is that he is entitled to the arrears of pay in the scale of...
Md. MahruddIn Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2006(4)JCR598(Jhr)]
Permod Kohli, J.I.A. No. 175 of 20051. Learned Counsel appearing for the petitioner has filed I.A. No. 175 of 2005 seeking a direction for payment of the retired dues as in the meanwhile the petitioner has retired from service on 31.07.2004. 2. In view of this Interlocutory application, respondents are liable to release the admitted dues to the petitioner on his retirement. I.A. stands disposed of. W.P. No. 87 of 2004 3. Petitioner is an employee of the Respondent-Board. It is alleged that there was a dispute with regard to the date of birth of a large number of employees in view of certain aberrations in the service record maintained by the Board. 4. Bihar Rajya Vidyut Mazdoor Union of which, the petitioner is one of the members preferred writ petition being C.W.J.C. No. 290 of 2001 before this Court seeking a direction for examination/verification of their respective date of births. This writ petition came to be disposed of vide order dated 20th of November, 2001, whereby the writ co...
Santosh Kumar Jaiswal Vs. Sidheshwar Pd. Singh and anr.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2006(4)JCR362(Jhr)]
Narendra Nath Tiwari, J.1. This civil revision arises out of an order dated 25.1.06 passed in Execution Case No. 4/04 by the Sub-Judge-III, Ranchi whereby the petitioner's objection under Section 47 C.P.C has been rejected.2. The facts out of which this civil revision arises are that one Bharati Devi (since deceased) and the opposite parties entered into an agreement dated 3.4.94 and a deed was executed and signed by the parties. The agreement was for sale of a land measuring an area of 6 Kathas 9 Chhataks of Plot No. 557/9 appertaining to Khata No. 205 of village Hinoo (Ranchi). The said land was the acquired property of Bharati Devi. Out of the agreed consideration amount of Rs. 1,80,000, Rs. 55,000 was paid by the opposite parties to Bharati Devi at the time of execution of the said agreement. Subsequently, in between 3.4.94 and 9.1.98 further amount to the tune of Rs. 1,70,000 on different dates was paid to Bharati Devi and balance Rs. 10,000 was to be paid at the time of execution...
Sudhir Kumar and ors. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2007(1)JCR135(Jhr)]
Permod Kohli, J.1. Respondent No. 3 is a registered society wholly governed and controlled by the Government of India, Ministry of Human Resources and Development. Petitioner No. 1 joined the services of the Society-Respondent No. 3 on the post of Technical Assistant (Civil) on 03rd of April, 1996 whereas, petitioner Nos. 2 and 3 on being appointed to the post of Technical Assistant (Mechanical) joined on 21st of March, 1997. They were placed in the pay-scale of Rs. 1400-2300/-. The qualification prescribed for the posts in question was Bachelor's degree from a recognized university with Mathematics, Physics, Chemistry or 3 years Diploma having 2 years Laboratory/Workshop experience or I.Sc. with all around Workshop/Laboratory Training and minimum 5 years in Mechanical/Erection work. It is alleged that petitioners were qualified to hold the posts being Diploma Engineers and, accordingly, they were appointed to the posts. The 5th Pay Commission was constituted in the year 1994 and submi...
GayasuddIn Ahmad Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2006(4)JCR164(Jhr)]
Amareshwar Sahay, J.1. In this writ application the prayer of the petitioner is two fold, firstly that he is entitled to get payment of salary for the period 1.2.1992 to 31.1.1994, the period according to the petitioner, he continued to be in service even after his superannuation as an Assistant Teacher. The second prayer of the petitioner is that he be paid the interest @25% per annum since the retrial dues were paid to him belatedly.2. It is stated that the petitioner retired from the service as an Assistant Teacher on 31.1.1992 from Chitarpur Government School in the District of Hazaribagh. He filed a Writ Application before this Court being CWJC No. 329 of 1992 (R) praying therein to allow him to continue in the service up to the age of 60 years in view of the decision/resolution of the Government of Bihar contained in letter No. 0308/89/ 2412 Patna dated 29.10.1990 whereby the age of superannuation of the teachers working in Government Elementary/Primary Schools was enhanced from ...
Shivang Transport Co. Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: AIR2007Jhar9; [2006(4)JCR168(Jhr)]
Amareshwar Sahay, J.1. Originally the writ application, was filed by the petitioner-company for quashing of the order as contained in Annexure-13 dated 24.9.1997 issued under the signature of the respondent No. 3, whereby the petitioner-company was black listed from doing any transportation job with the management of the BCCL. Subsequently by filing amendment application, further prayer was added in the writ application for direction to the respondent to pay the amount of outstanding bills of the petitioner, which was pending before the respondents as disclosed in Annexures-18 and 18/1 with interest @ 18% p.a.2. In course of argument Mr. Singh, learned senior counsel appearing for the petitioner submitted that during the pendency of this writ application the entire outstanding amount, which was due to the petitioner, has already been paid to him and, therefore now he has no grievance so far as the payment of any outstanding dues is concerned but he submits that no interest as claimed b...
Central Coal Fields Ltd., Through Its Chairman-cum-md and ors. Vs. San ...
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2006(4)JCR172(Jhr)]
M.Y. Eqbal, J.1. All these Letters Patent Appeals under Clause 10 of the Letters Patent have been filed by the Central Coalfields Limited against the common judgment dated 8th January, 2004 passed by learned single Judge of this Court in First Appeal Nos. 237 to 272, 274, 276 to 284 of 1994 (R), whereby all these First Appeals filed by the State of Bihar have been dismissed.2. The entire facts lie in a narrow compass.For the purpose of Bachra project of the appellant-M/s. Central Coalfields Limited, 59.45 acres of land of different classification situated in village Bachra within the Hazaribagh district were acquired under the provision of Land Acquisition Act, 1894. In this connection a notification under Section 4 of the Act was issued on 23.12.1965 and thereafter in the land acquisition proceeding, the Collector determined the compensation. The different awardees challenged the quantum of compensation assessed by the Collector which resulted in reference of the dispute to the Land A...
Debdas Ghatuary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: [2007(1)JCR107(Jhr)]
Permod Kohli, J.1. Petitioner is working in Class-IV post in State Subsidised High Court, Gandanata. He was appointed on 25.8.1983. It is stated that petitioner acquired matriculation qualification in the years 1996. Promotion to the Class-Ill post is to be made on the basis of Government Policy/Public Circular. According to the petitioner, these promotions were required to be made in accordance with the Circular dated 8.6.1983 wherein 25% of the vacancy of Class-Ill post were required to be filled up by promotion from amongst Class-IV employees who completed five years of service and rest of the vacancies by direct recruitment. It is further alleged by the petitioner that during his service, he was allowed to officiate as Class-Ill for a period of about two years w.e.f. 1.11.2001 and later on reverted to the Class-IV post. It is further submitted that he was not paid salary for the post of Class-Ill (Clerk). Recommendation was made for consideration of the petitioner for promotion to ...
National Insurance Co. Ltd. Vs. New India Assurance Co. Ltd. and ors.
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: IV(2006)ACC589; 2007ACJ2332
M.Y. Eqbal and D.P. Singh, JJ.1. Heard Mr. B. Chatterjee, learned Counsel appearing for appellant National Insurance Co. Ltd. and Mr. D.C. Ghose, learned Counsel appearing for New India Assurance Co. Ltd., respondent No. 2.2. This appeal at the instance of the appellant National Insurance Co. Ltd. is directed against the judgment and award dated 17.1.2003 passed by the Motor Accidents Claims Tribunal, Ranchi, whereby the Tribunal held both the insurance companies liable for payment of compensation.3. Before deciding the issue, we would like to narrate some of the relevant facts which are necessary for the purpose of deciding this appeal. The vehicle in question is a Maruti van which was owned and possessed by Jai Durga Transport Company. The said owner Jai Durga Transport Company got the vehicle insured with the appellant National Insurance Co. Ltd. and the policy of insurance was issued for the period 10.9.1995 to 9.9.1996. The previous owner Jai Durga Transport Company transferred th...
Nand Kumar Verma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR560(Jhr)]
S.J. Mukhopadhaya, A.C.J. and D.K. Sinha, J.1. In pursuance of decision dated 26th July, 1996, taken by the Standing Committee of Patna High Court, the State of Bihar from its Personal & Administrative Reforms Department issued Notification No. 7/M-2022/97 Ka.- 4323 dated 20th April, 1998 and reduced the petitioner from the rank of Sub Judge (Civil Judge, Senior Division) to the rank of Munsif (Civil Judge, Junior Division). It was challenged by the petitioner before the Supreme Court under Article 32 of the Constitution of India vide W.P.(C) No. 547 of 1999. 2. During pendency of the said writ petition, the petitioner was allocated State of Jharkhand and while functioning as Judicial Magistrate, Koderma, in pursuance of decision of Full Court of Jharkhand High Court, he was made to retire, in public interest under Rule 74(b)(ii) of the Bihar Service Code, 1952 by Order No. 2254 dated 17th July, 2001, issued by the Government of Jharkhand from its Personnel, Administrative Reforms and ...
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