Jharkhand Court February 2008 Judgments
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Shiv Shankar Roy and Sitaram Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Feb-12-2008
Reported in: 2008(56)BLJR2149; [2008(117)FLR254]; [2008(2)JCR136(Jhr)]
R.K. Merathia, J.1. According to the petitioners, they have been given promotion from 10.10.2001, though they should have been given promotion w.e.f. 13.2.1999 when their batch-mates were promoted.2. Petitioners filed writ petition being C.W.J.C. No. 3479 of 2000(R) for a direction to consider their case of promotion to the post of Assistant Commissioner, Commercial Taxes in view of recommendation made by D.P.C., in its meeting dated 21.12.1998. The writ petition was disposed of remitting the matter back to the Commissioner-cum-Secretary, Commercial Taxes Department to consider the case of the petitioners for their promotion to the high n post taking into consideration the recommendation of the D.P.C. and if it is required to revalidate the recommendation, the respondents were required to do so in accordance with law at an early date. Pursuant to the said order, the respondents have granted promotion to several persons including the petitioners to the said post w.e.f. 10.10.2001.3. Mr....
Shiksha Niketan, S.E. Rly High School Vs. Union of India (Uoi) and ors ...
Court: Jharkhand
Decided on: Feb-12-2008
Reported in: [2008(2)JCR527(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the orders dated 9th March, 2004, 6th December, 2004 and 11th May, 2007, contained in Annexures-13, 13/Aand 15, respectively, passed by the respondents, whereby the petitioner has been asked to vacate the premises i.e. land and building for which the licence was granted to run the school.2. It has been stated that in the year 1991, there was an agreement of licence between Railways and Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi, whereby licence was given to run and maintain the school in the name of Shiksha Niketan over the land of the Railways. The said licence expired in the year 2001. The Railways, thereafter, had taken a decision for renewal for further ten years upto 2011. subject to approval of the Ministry of Railways. However, the same could not materialise and further agreement was executed for renewal of licence.3. By letter dated 9th March, 2004, noti...
Md. Suleman Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-12-2008
Reported in: [2008(2)JCR373(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner seeks appropriate direction upon respondent No. 5, the Electrical Executive Engineer, Electric Supply Division No. 1, Ranchi to issue revised bill after adjusting the amount, if any, as per the order passed by the General Manager-cum-Chief Engineer in compliance of the direction of this Court in WPC No. 5474/2002.2. The aforementioned writ petition was filed by the petitioner making grievance that without giving opportunity of hearing, the bill as per Clause 16.9 of the tariff was issued and a FIR was lodged for the alleged theft of electricity. The writ petition was disposed of with a direction to the petitioner to file representation before the General Manager-cum-Chief Engineer who, in turn, was directed to dispose of the representation and pass appropriate order. In compliance of the said order, the General Manager-cum-Chief Engineer disposed of the representation with direction to the respondent concerned to issue fresh bill as per inspection r...
Pappu Verma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-12-2008
Reported in: [2008(2)JCR416(Jhr)]
ORDERD.K. Sinha, J.1. The Criminal Revision is directed against the order impugned dated 1st May, 2006 passed by the Principal Judge, Family Court, Ranchi whereby and whereunder the petitioner has been directed to pay maintenance in a proceeding under Section 125, Cr PC to the tune of Rs. 1,000/- to his wife Babita Verma and Rs. 500/- to his minor daughter Nayansee Kumari i.e. a total sum of Rs. 1,500/- per month in Maintenance Case No. 53 of 2004 since the date of filing of the application.2. The brief fact of case, according to the petition, was that the petitioner was married to the opposite-party No. 2 according to Hindu rites and customs on 16.4.2000 and on consummation the opposite-party No. 3 was bom. It was alleged that after sometime, the petitioner brought his wife-opposite-party No. 2 to her parental home and left there uncared for about two years. Yet, he had been visiting there by putting pressure on her parents for fulfillment of his demand. It was alleged that he used to...
Pradeep Kumar Dhawan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-12-2008
Reported in: [2008(2)JCR592(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to allot shop No. 23 at Main Road, Ichak Bazar, Hazaribagh from where he was displaced in the name of beautification and reconstruction of shop and alternatively direction on the concerned respondents to allow a kiosk to the petitioner under the scheme of beautification plan.2. It has been stated that the petitioner had his shop at Ichak Bazar, Main Road, Hazaribagh since past about 20 years. In the year 1998, a meeting was convened on 26.3.1998 by the Block Development Officer, Ichak. In the said meeting, a decision was taken to beautify the market-place by demolishing old shops and constructing new shop buildings. It was agreed and decided that the shopkeepers/owners of the shops, who were running their business of that place shall be allotted newly constructed Kiosk of 8' x 10' at the place their shops were located. The petitioner had his shop (gumti) No. 18 in the Ich...
Sambhoo Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-12-2008
Reported in: [2008(4)JCR382(Jhr)]
ORDERNarendra Nath Tiwari, J.1. On 21.11.2007 when the case was taken up for hearing under the heading 'For Admission', the petitioner informed the Court that in spite of earlier order for payment of subsistence allowance to the petitioner which was not paid since the month of December, 2006, one Samrendra Kishore Shrivastava, Executive Engineer, Road Construction Division, Dhanbad did not pay anything to the petitioner.2. The petitioner was allowed to implead the said Executive Engineer by name. A notice to show cause was also issued to him. When the case was again taken up on 17.12.2007, it was informed that in spite of service of notice, the said Executive Engineer neither appeared nor filed any reply to the show cause. He was given further opportunity to file reply and was also asked to appear in person on the next date.3. Today, Samrendra Kishore Shrivastava. Executive Engineer, Road Construction Division, Dhanbad is present before this Court. Show cause reply has also been filed ...
Kamakhya Narayan Singh and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-08-2008
Reported in: [2008(2)JCR125(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioners have prayed for a direction on the respondents to issue appointment letters to the petitioners as they were declared successful by Jharkhand Public Service Commission (JPSC for short) and their names were recommended for appointment to the posts of Primary Trained Teacher. Thereafter, the petitioners were waiting for letter of appointment, but neither the letter of appointment has been issued nor any reason has been assigned for not issuing the letter of appointment to them.2 It has been submitted that an advertisement was published in daily newspaper 'HINDUSTAN' on 29.8,2002 for appointment of 9223 Primary Trained Teachers in different districts of the State of Jharkhand. The petitioners applied for the same and the admit cards were issued by the JPSC. They appeared in the test and were selected. Their names along with other eligible candidates were recommended by JPSC. It has been stated that the other candidates ...
Rajendra Ram @ Rajendra Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-08-2008
Reported in: [2008(2)JCR128(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to count his past services as constable, which he had rendered from 9th January, 1971 to 9th January. 1978 for the purpose of his seniority, leave and pension as per the provisions of Rule 671 of the Police Manual.2. It has been stated that the petitioner was earlier appointed as Constable in Central Reserve Police Force. He worked in the said police force from 1971 to 1978. Thereafter, he resigned from Central Reserve Police Force and joined Bihar Police Force in 1979. It has been stated that Rule 671 of the Police Manual provides for counting the past period of police service, if a person joins the service after discharge or resignation. In view of the said provision, the petitioner is entitled for addition of his services rendered in the Central Reserve Police Force for the purpose of seniority, leave, pensionary benefits etc. The petitioner filed representation in the...
Bal Krishna Singh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-08-2008
Reported in: [2008(2)JCR137(Jhr)]
ORDERNarendra Nath Tiwari, J.1. Petitioner No. 1, Bal Krishna Singh, seeks permission to abandon his prayer in the writ petition, as he has already gone to Bihar on mutual cadre allocation and joined as Executive Engineer.2. Prayer is allowed. Petitioner No. 1 is permitted to do so.3. In this writ petition, the petitioners have prayed for a direction on the respondents to allocate the final cadre of Executive Engineer to the petitioners and to allow them to work as regular Executive Engineer.4. It has been stated that the petitioners have been allocated Jharkhand Cadre after bifurcation of the State and from Bihar, they have been sent after promotion from the post of Assistant Engineer to the post of Executive Engineer in pay scale of Rs. 10,000-15,000/-. It has been stated that the said promotion was given to the petitioners by Notification No. 12231(s) dated 1st November, 2006 before relieving them from Bihar Cadre. The petitioners claimed that In view of their promotion as Executive...
Dr. Nand Kishore Rai Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-07-2008
Reported in: [2008(2)JCR372(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Petitioner claims release of retiral benefits on his superannuation on 30.6.2003, including full amount of gratuity, full amount of leave encashment, arrears of revised pay scale and salary of suspension period with statutory interest, if any.3. It is submitted that in view of the Full Bench judgment reported in 2007 (4) JCR 1 (Jhr) (FB), Dr. Dudhnath Pandey v. State of Jharkhand, without giving an opportunity of show cause and without initiating proceeding under Section 43(b), the said amount cannot be withheld by the respondents.4. Admittedly, petitioner was accused in Fodder Scam case. Learned Counsel for the petitioner was directed to inform this Court as to in how many cases, petitioner is involved and what is the stage of such cases but he submitted that in spite of repeated attempts, he is not in a position to contact the petitioner and furnish such information to this Court.5. The stand of the State is that as petitioner is ...
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