Jharkhand Court October 2008 Judgments
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Ram Ayodhya Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-18-2008
Reported in: [2009(1)JCR421(Jhr)]
D.G.R. Patnaik, J.1. Challenge in this writ application is against the order issued by the respondent No. 6 vide order No. 1309 dated 16.05.2005 (Annexure-11) whereby the petitioner's claim for his retiral dues on the basis of his salary drawn by him on the post which he had held last, prior to his retirement, was rejected.2. Facts of the petitioner's case stated briefly are as follows:(i) The petitioner was appointed as Assistant Teacher in the Government Higher Secondary School, Chhapra, Saran, Bihar in the pay scale of Rs. 387-600/- on the recommendation of the Central Selection Board and he joined the post on 30.11.1973.(ii) He worked in the post of Assistant Teacher till 31.05.1993.(iii) In the year 1992, an advertisement was published in the newspaper by the Additional Secretary, Human Resource Development Department, Vikash Bhawan, Government of Bihar, Patna for selection on deputation, on the post of Principal, District Institute of Education and Training (DIET). The petitioner...
Babulal Gowalla Vs. Bharat Coking Coal Ltd. Through Its Chairman-cum-m ...
Court: Jharkhand
Decided on: Oct-18-2008
Reported in: [2009(1)JCR45(Jhr)]
ORDERR.R. Prasad, J.1. Heard the parties.2. The petitioner Babulal Gowalla claimed to be the son of late Ramjee Gowalla has applied for appointment on compassionate ground, as his father died in harness on 16.2.1990, but as no order regarding appointment of the petitioner was made, he preferred a writ petition bearing C.W.J.C. No. 284 of 1999(R), wherein the respondents took a plea that the petitioner has failed to establish the relationship as son and father in between the petitioner Babulal Gowalla and Late Ramjee Gowalla.3. Thereupon, this Court disposed of the writ petition on 11.1.2001 directing the petitioner to produce a copy of the order passed in C.W.J.C. No. 284 of 1999(R) along with the affidavit of the widow of the deceased Ramjee Gowalla and any other document in support of the claim of the petitioner being son of late Ramjee Gowalla and at the same time, option was also given to the respondents to get the matter inquired into from the concerned Superintendent of police.4....
Darastul Khalif Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-17-2008
Reported in: [2008(4)JCR612(Jhr)]
ORDERAjit Kumar Sinha, J.1. The appellant has preferred the statutory appeal under Section 341 of the Code of Criminal Procedure, challenging the order dated 11th March, 2008 passed by the learned Additional Judicial Commissioner (Fast Track Court No. VII), Ranchi in Title Appeal No. 97 of 2005 by reasons of which the petitions, filed by the appellant on 11th January, 2007 and 25th May, 2007 for issuance of a direction to defendant Nos. 2 to 6 to appeal before the court for taking their specimen signatures as also the petition filed on 20th November, 2007 for initiating a Miscellaneous Case have been rejected.2. This Hon'ble Court vide order dated 17th July, 20078 had asked for a report from the office with respect to maintainability of criminal appeal against the impugned order dated 11th March, 2008 passed in Title Appeal No. 97 of 2005. Pursuant thereto, the office vide its report dated 28th July, 2008 and 31st July, 2008 has opined that if a petition under Section 340 of the Code o...
Smt. Sulochana Kumari and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-16-2008
Reported in: [2008(119)FLR857]
Ajit Kumar Sinha, J.1. All the writ petitions have been preferred for issuance of an appropriate writ, order or direction to quash the order, as contained in Memo No. 1878/Chaibasa dated 14th July, 2008, whereby and whereunder, the Director, Primary Education, Government of Jharkhand, Ranchi (respondent No. 2) without jurisdiction and without application of mind has cancelled all the orders of transfer and posting, involving approximately 311 Assistant Teachers, including the petitioners, made by the erstwhile District Superintendent of Education, West Singhbhum. They are being disposed of by a common order.2. The case of the petitioners is that they upon the recommendation of the District Education Establishment Committee were transferred, relieved and submitted their joining at the transferred place/post and since then are working and getting their salary from there. All these transfer orders were issued pursuant to lifting of ban on transfer vide Memo No. 3 dated 02.01.2008, issued ...
Employer in Relation to the Management of Life Insurance Corporation o ...
Court: Jharkhand
Decided on: Oct-16-2008
Reported in: [2009(1)JCR413(Jhr)]
R.R. Prasad, J.1. Since the issues involved in both the cases are same and even the parties are the same, both the cases were heard together and hence, both the matters are being disposed of by this common judgment.2. The facts which have given rise to W.P.(S) No. 1366 of 2003 are as follows: One B.N.P. Srivastava, respondent No. 4, while was working as Stenographer in the Divisional Office of Life Insurance Corporation of India at Muzaffarpur, visited Purnea on an official work. Thereupon he claimed Rs. 85.50 paise as travelling allowance which was paid but subsequently, in course of enquiry, it could be ascertained that on the date of journey, i.e, 16.4.1981, not a single 1st ticket of class had been issued from Muzaffarpur to Purnea and, therefore, charge was framed putting an allegation that respondent No. 4 deliberately made a false claim of Rs. 85.50paise as travelling allowance and thereby he acted in the manner prejudicial to good conduct and detrimental to the interest of the ...
Bhudhar Shaw and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-16-2008
Reported in: [2009(1)JCR441(Jhr)]
R.R. Prasad, J.1. The petitioner No. 1, who had completed B.Ed. course during 1996-97 from Panskura Banamali College, Panskura and petitioner No. 2 from Prabhat Kumar College, Kantai during 2001-02 both affiliated to Vidya Sagar University, Midnapur, West Bengal duly recognized by the University Grant Commission and also by the State of West Bengal, applied for appointment to the posts of primary trained teachers in primary schools situated within the territory of the State of Jharkhand, pursuant to advertisement, published by Jharkhand Public Service Commission (JPSC), Ranchi in the newspaper 'The Hindustan' on 28th August, 2002. Admit cards on being issued to them, they appeared in the written examination held on 27th May, 2003 and came out successful. Later on, a notice was published in the newspaper 'The Dainik Jagran' issued under the signature of the Secretary, Primary and Secondary Education, Human Resources Development Department, Government of Jharkhand, Ranchi whereby it was ...
Basant Kumar Keshari Vs. Vinod Kumar Keshari and ors.
Court: Jharkhand
Decided on: Oct-16-2008
Reported in: [2008(4)JCR590(Jhr)]
ORDERR.K. Merathia, J.1. This writ petition is filed for quashing the order dated 27.2.2008 and also the order dated 19.6.2007 passed by the Sub-Judge I, Garhwa in Partition Suit No. 20 of 2006 refusing to accept the written statement filed by the petitioner on 20.6.2007.2. Mr. V.P. Singh, learned senior counsel appearing for the petitioner submitted that time for filing written statement was granted upto 19.6.2007, but the same could be filed on 20.6.2007 and therefore, the same should have been accepted.3. Mr. Jai Prakash, learned Counsel appearing on behalf of the respondents supported the impugned orders and submitted that the petitioner received summons in the month of November 2006, but he chose to file vakalatnama after six months. Time for filing written statement was granted by way of last chance up to 19.6.2007 and accordingly, on 19.6.2007 order was passed debarring him from filing written statement and therefore, filing of written statement on the next date i.e., 20.6.2007 ...
Kirtya Nand Mishra Vs. Santhal Parganas GramIn Bank and ors.
Court: Jharkhand
Decided on: Oct-16-2008
Reported in: [2009(1)JCR102(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application, has prayed for issuance of a writ of certiorari for quashing the Memorandum dated 17.12.2003, under letter No. Memo/94/2003-04, issued by the respondent-Disciplinary Authority of the Vananchal Gramin Bank, Dumka whereby the petitioner has been visited with a punishment of lowering his scale of pay to the initial stage of his substantive salary and has also been debarred from the privilege of the usual increments for a period of three years.2. The petitioner has raised several grounds stating, inter alia, that the departmental enquiry was not conducted in accordance with the principles of natural Justice in as much as the grounds of defence as raised by the petitioner, the relevant documents and the evidences sought to be adduced by the petitioner, was not considered in detail either by the enquiry officer or the disciplinary authority.3. It is further contended that the appellate authority has passed a criptic and non-speak...
Neelam Devi Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Oct-16-2008
Reported in: [2009(1)JCR104(Jhr)]
ORDERAjit Kumar Sinha, J.1. The petitioner has preferred this writ petition for issuance of an appropriate writ in the nature of certiorari to quash the reasoned order dated 21/22.4.2008, issued by the respondents in pursuance of the order dated 19.2.2008, passed by this Court in WP (S) No. 694 of 2008. The petitioner has further prayed for issuance of a writ, order or direction commanding upon the respondents to pay her the death-cum-retiral dues of her husband on account of death occurred on 27.2.2006 with interest at the rate of 18% per annum.2. It appears that the petitioner had earlier moved this Court in WP (S) No. 694 of 2008, which was disposed of vide order dated 19.2.2008. directing the Chief General Manager, Washery Division, Central Coal Washery Sansthan, Saraidhela, District- Dhanbad to consider the representation of the petitioner and determine as to whether the petitioner was entitled to any amount and also statutory interest with regard to the claim of death-cum-retiral...
Dr. Vikramaditya Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-15-2008
Reported in: [2009(1)JCR140(Jhr)]
ORDERR.R. Prasad, J.1. Heard the parties.2. Learned Counsel appearing for the petitioner submits that the petitioner earlier did work for the period from 29.10.1968 to March, 1988 as Lecturer in the Krishna Ballabh College, Bermo affiliated then to Ranchi University. Subsequently, the petitioner joined Magadh University in the year 1988 but when certain payments, due to be paid to the petitioner, were not made, the petitioner filed a writ application before the Patna High Court, Patna putting claim for the payment for the period from 1968 to 1988 while the petitioner was posted as Lecturer in Krishna Ballabh College, Bermo and the said case was disposed of by giving direction to Binpba Bhave University, Hazaribagh to decide the claim of the petitioner, but unfortunately, the Authority of Binoba Bhave University, Hazaribagh did not pass any order with respect to payment which the petitioner was entitled to get for the period from 1968 to 1988 and, therefore, the petitioner has filed thi...
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