Jharkhand Court August 2006 Judgments
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Lal Deo Oraon Vs. Steel Authority of India Limited and ors.
Court: Jharkhand
Decided on: Aug-10-2006
Reported in: [2006(4)JCR523(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. A.K. Mehta, learned Counsel for the petitioner and Mr. Ananda Sen, learned Counsel for the respondents.2. In this writ application, the petitioner seeks a direction upon the respondents to give him appointment on compassionate ground as the process of appointment, although initiated in 2004, has not been finalized till date.3. The petitioner's father, late Ghurna Oraon, was in the service of the respondents - Steel Authority of India Limited. He died of cancer on 1.1.2003 while he was in service. The petitioner, thereafter, applied for compassionate appointment in terms of the scheme of the company, but no decision has been taken.4. The respondents filed a counter affidavit wherein it is stated that there is no rule for compassionate appointment in case of death of the employee of the respondents-Company. There is a provision of substitution of employment under the Scheme, According to the scheme, if the employee is suffering from any of four dreaded dis...
Nand Kishore Pandey Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Aug-10-2006
Reported in: 2007(1)BLJR238; [2006(4)JCR541(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for issuance of a writ commanding upon the respondents not to recover the alleged excess payment from his salary on the ground of non-passing of Hindi Noting and Drafting Examination and further for a direction to release the annual increments which has been with held by the respondents.2. Petitioner's case is that he is Junior Storekeeper (Super Selection Grade) at Transmission Central Store, Namkum, Ranchi. In 1968 the petitioner joined the service and from 1970 he started getting increments. However, all of a sudden in the table of fixation of pay scale prepared on 29.10.2003 the authority of the respondents has recommended for recovery of excess payment allegedly made to the petitioner by way of increments from 16.7.79 to 14.5.94 on account of non-passing of Hindi Noting and Drafting Examination. Petitioner's case is that he passed Hindi Noting and Drafting Examination on 29.81994 and before 1994 there was no such ...
Sunil Kumar Jaiswal Vs. Prem Kumar JaIn and ors.
Court: Jharkhand
Decided on: Aug-10-2006
Reported in: [2007(1)JCR226(Jhr)]
ORDERN.N. Tiwari, J.1. The plaintiff-appellant has preferred this appeal against the judgment and decree of affirmance passed in Title Appeal No. 56 of 1993 dismissing the appeal and upholding the judgment and decree dated 30.7.1993 passed by learned Munsif, Chatra in Title Suit No. 12 of 1984.2. The plaintiff filed the suit for the reliefs, inter alia, for a decree declaring that the sale-deed dated 12.8.1972 executed by defendant No. 2 in favour of the defendant No. 1 and the deed of agreement of reconveyance of the same date is collusive, void, without consideration, inoperative and illegal. The plaintiff had further prayed for a decree for permanent injunction restraining the defendant No. 1 from disturbing the possession of the plaintiff and in case of dispossession, for delivery of possession or alternatively for a decree for redemption of the suit property.3. The plaintiffs case was that there was amicable family partition in the year 1947 and the suit property was exclusively a...
Md. Modaswar HussaIn Vs. Amjad Sheikh and anr.
Court: Jharkhand
Decided on: Aug-10-2006
Reported in: [2007(2)JCR175(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the order dated 12.7.2005 passed by learned Sub-Judge-V, Pakur in Title Suit No. 23 of 1989 whereby the Court below has refused to allow the petitioner to bring on record the sale-deed on the ground that he has already closed his evidence and there was inordinate delay in bringing the said document on record.2. The grievance of the petitioner is that he could not file the said document as the same was mis-placed and could not be traced earlier. The petitioner, then, obtained the certified copy of the same recently and filed the same. It has been further stated that the said document is necessary to decide the controversy between the parties and in absence of the said document, the interest of the defendant No. 1 petitioner shall be highly prejudiced. Learned Court below, without taking into consideration the vital evidentiary value of the said document in deciding the controversy involved in the suit be...
Bikramendra Kumar Magan and ors. Vs. State of Bihar Through Secretary, ...
Court: Jharkhand
Decided on: Aug-09-2006
Reported in: [2006(4)JCR525(Jhr)]
Amareshwar Sahay, J.1. The prayer of the petitioner's in this writ application is to quash Annexure-8 dated 23/10/1998, issued under the signature of the Deputy Secretary to the Government of Bihar, Department of Animal Husbandry and Fisheries, whereby the Director, Animal Husbandry, Bihar, Patna, was informed that the matter regarding appointment and promotion of Technical Assistants of South Chhotanagpur and Santhal Parganas Division was thoroughly enquired into and after an enquiry it was found that the appointments and promotions of all the Technical Assistants were illegal because of the 10 reasons mentioned in the said letter and, thereby, the Government took the decisions that:Notice to show cause may be asked from those Technical Assistants, who were still working, and were appointed directly, to show cause as to why their services be not terminated and. thereafter, their services may be terminated. They may however, be given liberty to make fresh application when regular appoi...
Shree Bhagwan Singh Vs. Jharkhand State Mineral Development Corporatio ...
Court: Jharkhand
Decided on: Aug-09-2006
Reported in: [2006(4)JCR535(Jhr)]
Amareshwar Sahay, J.1. The grievance of the petitioner in this writ application is that the respondent authorities have wrongly down graded him to be a daily rated employee by misinterpreting the purport or import of the order passed by this Court in C.W.J.C. No. 2913/1993 (R) though he was not a daily wage employee but was working on regular pay scale in the post of a Clerk since the date of his appointment in the year 1988.2. In order to appreciate the grievance of the petitioner it is necessary to notice some relevant facts which are as under:Earlier the petitioner had file a writ petition being C.W.J.C. No. 2913/1993 (R) before this Court by challenging a order dated 05/08/1991 by which he was wrongly relieved to join Eastern Manganese Mineral Ltd. (E.M.M. Ltd.) on the ground that, he was the employee of the said E.M.M. Ltd. By the said very order one other person namely Satish Kumar Singh was also relieved on the said very ground. The said Satish Kumar Singh had also filed a writ ...
Himangshu Sekhar Das Vs. Bharat Coking Coal Limited, Through Chairman ...
Court: Jharkhand
Decided on: Aug-09-2006
Reported in: 2007(1)BLJR235
R.K. Merathia, J.1. Heard.2. Petitioner claims to be Secretary of Land Losers Committee. He has filed this writ petition for a direction upon the respondents-Bharat Coking Coal, Limited ( BCCL) for implementing the rehabilitation package of the Government of India and the offer made by BCCL vide Circular dated 19th October, 1990 ( Annexure-4/1) and for a direction to act pursuant to the order of the Deputy Commissioner dated 16.5.1994 (Annexure-18).3. Mr. Mazumdar, appearing for the petitioner, submitted as follows. That 37.49 acres of land were acquired under L.A. Case No. 67/1986-87 and 1/87-88 of village Amjhar displacing 87 families. The Supreme Court, passed an order on 13.12.1995 in CMP Case No. 16331 of 1982 in the case of Lal Chand Mahto v. Coal India Limited and Ors. (Annexure-10). In paragraph 4, it was said that simultaneously with taking possession, employment to the head of the family consisting of parents and minor children, was to be given. Thus each family should be giv...
Swarnlata Devi Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-09-2006
Reported in: [2006(4)JCR648(Jhr)]
ORDERD.P. Singh, J.1. The present petition has been preferred under Section 482 of the Cr PC for quashing the criminal proceeding initiated against the petitioner on the complaint field by the O.P. No. 2, Mahipal Mishra being PCR No. 351 of 2004 before CJM. Godda.3. Brief facts leading to this petition are that long drawn Court proceedings have continued for nearly 25 yeas for the post of Village Pradhan between the petitioner and the O.P. No. 2 in the Court of S.D.O. and Deputy Commissioner, Godda. after death of Abhinandan Thakur father of the petitioner. It is alleged that during the pendency of Mis. Revenue petitions, the petitioner has used and produced before the Revenue Courts some affidavits etc creating false and forged signatures and L.T.Is. It is also alleged that fradulent action taken by the petitioner in the proceedings before the different Courts during this period amounts to certain offences under Sections 182, 193, 504, 506 of the Indian Penal Code.4. According to the ...
Himangshu Sekhar Das Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Aug-09-2006
Reported in: [2006(4)JCR652(Jhr)]
R.K. Merathia, J.1. Heard.2. Petitioner claims to be Secretary of Land Losers Committee. He has filed this writ petition for a direction upon the respondents Bharat Coking Coal, Limited (BCCL) for implementing the rehabilitation package of the Government of India and the offer made by BCCL vide Circular dated 19th October. 1990 (Annexure-4/1) and for a direction to act pursuant to the order of the Deputy Commissioner dated 16.5.1994 (Annexure-18).3. Mr. Mazumdar, appearing for the petitioner, submitted as follows. That 37.49 acres of land were acquired under L.A. Case No. 67/1986-87 and 1/87-88 of village Amjhar displacing 87 families. The Supreme Court, passed an order on 13.12.1995 in CMP Case No. 16331 of 1982 in the case of Lal Chand Mahto v. Coal India Limited and others (Annexure 10). In paragraph 4, it was said that simultaneously with taking possession, employment to the head of the family consisting of parents and minor children, was to be given. Thus each family should be giv...
Smt. Alice Purty Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-09-2006
Reported in: [2007(1)JCR106(Jhr)]
ORDERM.Y. Eqbal, J.1. Reference may be made to the order dated 28.7.2006 which reads as under:This is one of the instances which will show how the officers are adamant not to obey the orders of this Court.The petitioner retired as assistant teacher on 31.12.1991 after attaining 60 years of age. When she was not paid her retrial benefits, she moved this Court by filing writ petition being CWJC No. 2162/99-R. The writ petition was disposed of with a direction to the respondents to make payment of dues including leave encashment within two months failing which the amount shall carry 12% interest. When the order and direction was not complied with, the petitioner filed the instant contempt case. On 10.4.2003 this Court directed the respondents to release the payment within three weeks since the order attained finality. The respondents filed Civil Review No. 81 of 2002 which was dismissed on 19.3.2004 by a reasoned order passed by this Court. Then the petitioner filed LPA No. 295/2004. That...
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