Jharkhand Court October 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rambilash Dubey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2009(1)JCR50(Jhr)]
ORDERR.R. Prasad, J.1. The petitioner was appointed as Helper on 11.1.1960 and as per the case of the petitioner, the date of birth of the petitioner was recorded in the service book as 20.5.1939 and after discharging his duty efficiently, the petitioner got retired from the post of Pipe Fitter, category II, Mechanical Sub-division Workshop. Tenughat on 31.5.1997 on attaining the age of superannuation of 58 years. But when the matter relating to payment of pension and gratuity was finalized, pursuant to order passed by this Court, petitioner could know that date of superannuation is being treated as 31.5.1992 in stead of 31.5.1997. Accordingly, the petitioner received a copy of letter No. 83 dated 18.2.2003 issued by the Executive Engineer to the Sub-Treasury Officer, Tenughat wherein Rs. 16,136/- was sought to be recovered from the pensionary benefit of the petitioner and. in fact, that has already been recovered which action, as per the petitioner, is never justified as before taking...
Mrs. Kalyani Chaudhary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2008(4)JCR605(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for quashing the letter dated 15.1.2005 (Annexure-16), by which the salary of the petitioner for the period 10.7.2000 to 17.1.2002 has been denied to her.2. The decision taken by the respondents-authorities vide the impugned letter has been challenged on the ground that it is illegal, arbitrary and devoid of any justifiable grounds.3. Petitioner's case in brief is that she was initially appointed on the post of Assistant Teacher in a middle School on 30.3.1987. During, the course of her service, she was transferred to several schools on many occasions. The last transfer was made by order dated 10.7.2000 to Primary School, Kashidih Block, Chauparan. On her being relieved from the School, where she was posted on 10.7.2000, the petitioner submitted her joining at the Primary School, Kashidih Block, Chauparan on 15.7.2000 by submitting her joining letter (Annexure-1). However, the Headmaster of the School did not acce...
Ramdayal Karketta and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2009(1)JCR24(Jhr)]
ORDERR.R. Prasad, J.1. The case of the petitioners is that they were initially employed on daily wages in B.S. College, Lohardaga in the year 1986/1987. However, pursuant to advertisement issued by Ranchi University, Ranch in the year, 1987 inviting applications for the appointments on Grade-IV posts in different colleges, the petitioners applied for their appointments in B.S. College, Lohardaga. On being interviewed, they were appointed as Grade-IV staffs on daily wages at the rate of Rs. 12/-per day in B.S. College. Lohardaga under Annexure-3 issued on 7.5.1988. Thereafter on 17.3.1990, services of the petitioners were regularized and thereupon, they were being paid salaries on regular pay scale and went on receiving their salaries till September, 1994. Meanwhile, an office order was issued on 22.2.1994 whereby services of many of the employees (Grade-III and Grade-IV) in the event of non-sanctioning of the posts by the Government were terminated with effect from 31.5.1994. However, ...
Deyanat HussaIn and ors. Vs. State of Jharkhand Through Its Secretary, ...
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2009(1)JCR40(Jhr)]
ORDERR.R. Prasad, J.1. This writ application has been filed for a direction to the authorities to consider the case of the petitioners, all trained teachers waiting for their appointments for more than a decade on the post of teachers in the primary schools in the light of the decision rendered in a case of Nand Kishore Ojha v. The State of Bihar and Ors. CWJC No. 13246 of 2003.2. The case of the petitioner is that prior to 1988, all the appointments on the post of teachers in the State of Bihar were being made on the basis of a panel prepared district wise of all the trained teachers but the Government of Bihar in the year 1991 gave good-bye to the existing rule by issuing notification dated 5.3.1991 wherein eligibility of trailing for appointment to the post of teachers was dispensed with and accordingly, invited applications even from untrained teachers for the appointments on the post of teachers in primary schools.3. Some of the person possessing teaching qualification, being aggr...
Seema Sinha and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2009(1)JCR42(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioners in this writ application, have challenged the letter No. 2132 dated 22.12.2004 and letter No. 2131 dated 20.12.2004 (Annexure-6) and (Annexure-6/A) respectively, by which they were dismissed from their services under the respondent authorities. Prayer has been made both for quashing the aforesaid impugned letters and also for issuance of a writ of mandamus commanding upon the respondents not to give effect to the impugned letters of dismissal.2. The grounds on which the impugned letters have been challenged are,-(i) that, the orders of dismissal have been passed without following the due procedure laid down under Rule 54 of the Service Regulations of Bihar Education Project Council;(ii) that, no notice was served upon the petitioners to enable them an opportunity to show-cause as to why their services should not be terminated. As such, the order of dismissal is against the principles of natural justice.3 The case of the petitioners, in brief, is th...
Dipak Chourasia @ Deepak Kumar Chourasia Vs. State of Jharkhand
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2009(1)JCR52(Jhr)]
ORDERR.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the State.2. The petitioner has been apprehending his arrest in Gua P.S. Case No. 07 of 2008 registered under Sections 379/411 /34 of the Indian Penal Code, Sections 26/33 of Indian Forest Act and Section 21 of M.M.R.D. Act.3. Learned Counsel appearing for the petitioner submits that as per the case of the prosecution, when two dumpers were found carrying iron ore, it were intercepted by the police personnel. Upon it, occupants of it started fleeing away, but the driver was intercepted, who disclosed that at the instance of this petitioner, iron ore had been loaded on the vehicles and, therefore, the case was instituted under Sections 379/411/34 of the Indian Penal Code as well as under Sections 26/33 of Indian Forest Act and also under Section 21 of M.M.R.D. Act, but even if entire allegation made in the FIR is taken to true, no offence either under Section 379 or 411 of IPC is ...
Bachneshwar Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2009(1)JCR217(Jhr)]
ORDERR.R. Prasad, J.1. The petitioner was originally employed as clerk Tenughat Dam Division under Water Resources Department but later on the petitioner was asked to teach the students of River Valley Project High School, Tenughat as the petitioner was having post graduate degree in Sanskrit and in that way the petitioner has been teaching Sanskrit to the students of the said school since 1983. Since the petitioner was doing the teaching job, he made representation at several occasions to the authorities for redesignating him as Assistant Teacher and also to pay regular salary in the scale of Assistant Teacher but that prayer was never acceded to, as a result of which, the petitioner is not getting salary of the Assistant Teacher though he has been doing teaching job since 1983 and therefore, the petitioner, finding no way out has filed this writ application for a direction to the authorities to take decision in the matter of redesignating him as Assistant Teacher and to pay salary in...
Employers in Relation to the Management of Rajrappa Washery of Central ...
Court: Jharkhand
Decided on: Oct-20-2008
Reported in: [2008(4)JCR600(Jhr)]
ORDERR.R. Prasad, J.1. An application under Section 17-B of the Industrial Disputes Act has been filed on behalf of the workmen, namely, Jiten Mahto, Gobardhan Mahto, Suresh Ram Dangi, Sashtri Paswan, Haider Mahto, Bildhar Mahto, Tlbhu Mahto, Baldeo Mahto, Pachu Mahto and Vijay Mahto wherein prayer has been made to direct the petitioner (Employer in relation to the Management of Rajrappa Washery of Central Coalfields Limited, Ranchi) to pay wages to the respondents equivalent to last wages drawn by them with admissible allowance.2. In the background of the submissions, the facts giving rise to this application needs to be stated. The workmen who are the applicants here raised a dispute by claiming regularization on the ground that they have been engaged by the Management in plant cleaning job whereas stand of the Management was that applicants were never engaged by it and, therefore, there was no relationship of employer and employee and under that circumstance, reference was made vide...
Bisheshwar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-18-2008
Reported in: [2009(1)JCR32(Jhr)]
D.G.R. Patnaik, J.1. Petitioner in this writ application has challenged the order dated 4.11.1999 (annexure 7) whereby and whereunder the provisional fixation of the pay scale of the Instructors which was fixed on giving them the benefit of Junior Selection grade at Rs. 850-1360 has been recalled and revised fixing it, vide Annexure 8, in the pay scale of Rs. 7851210/- on the ground that the posts of Junior Instructors and Senior Instructors are two different posts.2. The petitioner's case, in brief, is that he was initially appointed on 16.6. 1965 as an Instructor at the ITI, Darhanga. Later on 5.9.1969, he was transferred to Ranchi and placed in the scale of pay of Rs. 335-555/-.3. By a Circular issued by the Secretary, Department Of Labour, Employment and Training vide letter No. 3888 dated 18.12.1973, the posts of Senior Instructor and Junior Instructor were merged into one post. By resolution No. 10770 dated 30.12.1081 issued by the Finance Department, Govt. of Bihar, the employee...
Surendra Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-18-2008
Reported in: [2009(1)JCR109(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner, in this writ application has prayed for a direction to the respondents to pay the full amount of Pension and Gratuity, as sanctioned by the Department, on the basis of Last Average Basic Pay drawn by him, calculated at Rs. 6,200 per month w.e.f. 1.8.2004, and also for payment of arrears of amount of pension and gratuity together with interest thereon.2. The further prayer has been made for issuance of a direction to the respondents to revise and re-fix the pension of the petitioner in view of the Finance Department's Resolution No. 1340 dated 15.6.2004, which was to be implemented with effect from 1.4.2004 and under which 50 per cent of the Dearness allowance is to be merged in the pension of the petitioner and thereafter, the amount of pension has to be assessed and fixed, which, according to the calculation of the petitioner amounts to Rs. 6,200 + 3100 = Rs. 9,300 divided by 2 i.e. Rs. 4,650/-.3. A further prayer has been made for directing the r...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »