Jharkhand Court March 2008 Judgments
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Sakaldeo Sao Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR122(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to consider and convert the Kerosene Oil Hawker License into Thela License, as per the policy decision of the Government.2. It has been stated that the petitioner was granted Non-PDS License under the provision of Bihar Trade Articles (Licenses Unification) Order, 1984 for vending retail Kerosene Oil in the village-Nagwan. The said license was renewed from time to time. At the State Level Committee under the Chairmanship of Secretary. Department of Food and Civil Supply, Jharkhand. Ranchi, a decision was taken to distribute Kerosene Oil through Thela vendors giving a quota of 1000 Ltrs. each. The Government thereafter took further decision that the persons, who were having retail sale of Kerosene Oil, will be converted into Thela vendors on the basis of seniority. The Deputy Commissioner, Hazaribagh, respondent No. 2 was authorized to take decision in the matter. The State Governm...
New Rana Saw Mills Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR133(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to pass an order on the petitioner's application for renewal of Licence No. 2 dated 17th March, 1983 granted to his firm under the provisions of Section 5 of the Jharkhand Saw Mills (Regulation) Act, 1990.2. It has been stated that the petitioner's father, namely, Ram Charan Rana had established the Saw Mill/Depot in Barhi on Patna Road in the district of Hazaribagh. Licence was granted in his name as far back as on 17th March, 1983 by the Divisional Forrest Officer-cum-Licensing Authority, West Forest Division, Hazaribagh. The licence was renewed/extended from time to time. Thereafter, some proceeding under the provisions of the Forest Act was initiated against the petitioner and on that ground, the licence was cancelled by the Divisional Forest Officer by Memo No. 312 dated 25th January, 2000. Subsequently, the petitioner deposited the amount of penalty and the proceeding was dr...
Balwant Sahay Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR190(Jhr)]
ORDERR.K. Merathia, J.1. Mr. Pan, appearing for the petitioner, submitted that petitioner was appointed on compassionate ground on 19.7.1986 as Assistant Teacher in Government Basic School, Jora Pokhar, Singhbhum (West) and he became trained from 19.4.1995. He further submitted that petitioner having qualification of B.Sc. was allowed Matric Trained Scale from the date of his joining by the competent authority. He further submitted that in paragraph 2 ('Kha') of the Circular dated 25.6.1999 issued by the Special Secretary to the Finance Department of Government of Bihar it was clearly said that the seniority of untrained basic teacher will not be affected in any manner by not passing or not undergoing basic training. He further submitted that in paragraph 6(2) of Part 4 of Notification dated 11.11.1975 (Annexure-10) it is inter alia said that he seniority is to be counted from the date of joining. It is further submitted by Mr. Pan that if the petitioner's case for promotion is conside...
Anant Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR118(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the Sub Divisional Officer-cum-Licensing Authority, Barhi, Hazaribagh to consider the petitioner's application and pass appropriate order.2. It has been stated that the petitioner's license was suspended by order dated 23.3.2007 in view of initiation of criminal case against him, under the provision of Section 7 of the Essential Commodities Act and for other reasons. By the same letter, he was asked to show cause as to why his licence be not cancelled.3. By the impugned order dated 27.4.2007 (Annexure-2). the Sub Divisional Officer-cum-Licensing Authority held that since the petitioner has not taken step for renewal of his license and has not deposited challan within time and did not also file his reply to the show cause notice issued to him within time, his licence stood automatically revoked.4. The petitioner has challenged the said order (Annexure-2) mainly on the ground that he was not given ...
Ganga Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR131(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order dated 23.11.2003 passed by S.D.O., Ramgarh cancelling the petitioner's license by non-speaking order. He has further prayed for quashing the order dated 13.9.2005 passed by the Deputy Commissioner in Misc. Appeal No. 16/2005 as also the order dated 24.4.2007 passed by the Commissioner, North Chotanagpur, Hazaribagh in PDS Revision No. 35 of 2006, whereby the said appellate and revisional authorities have upheld the order of the S.D.O, dismissing the petitioner's appeal and revision.2. According to the petitioner, he was granted Fair Price Shop License being No. 1/03. He had been running the said shop properly. He never violated any terms of the licence or any provision of law. However, a case was lodged under Section 7 of the Essential Commodities Act being Ramgarh P.S. Case No. 196/03 alleging that some articles were found in a godown said to be run by his brother-in-law, namely, Raj Kishore...
Md. Nemat Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR123(Jhr)]
ORDERN.N. Tiwari, J.1. According to the petitioner, his father was granted hawker licence of kerosene oil in 1985 and, thereafter, he had got the licence renewed from time to time. Petitioner's father died on 13th March, 2007. After the death of his father, the petitioner filed on application for grant of licence in his name on compassionate ground, but by the impugned order dated 12th July, 2007, his application was rejected on the ground that there is no provision for granting licence on compassionate ground and that during the lifetime of his father, the licence stood revoked, as far back as in the year 1998 for not getting the licence renewed. It has been stated that the petitioner has all the eligibilities and the petitioner and other family members were the dependent on the earning of his father. The respondents should have, thus, considered the petitioner's application sympathetically and should have granted fresh licence even if the same was not renewed by the petitioner's fath...
Kaira Soy Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-27-2008
Reported in: [2008(3)JCR317(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Petitioner has challenged Memo No. 2663 dated 10.9.2003 (Annexure-5) terminating him from services.3. Mr. Mokhtar Ahmad, appearing for the petitioner, submitted that petitioner was going to retire in December, 2004 and at the fag end of service, on the complaint made by one Member of Parliament that the petitioner was appointed on the basis of forged caste certificate, petitioner was terminated from service. He further submitted that in any event termination is harsh and at best petitioner could be punished with compulsory retirement.4. State counsel supported the impugned order.5. Petitioner was appointed on 15.11.1965 as watchman and was posted at Primary Health Centre, Kharsawan. A complaint was made by one Member of Parliament that petitioner was appointed on the basis of forged caste certificate that he belonged to Scheduled Tribe (Ho). On 5.11.1996, he was suspended. On enquiry, the allegations were found not correct and suspe...
Rameshwar Prasad Sinha Vs. Central Coal Fields Limited and ors.
Court: Jharkhand
Decided on: Mar-26-2008
Reported in: [2008(2)JCR493(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties and with their consent this application is being disposed of at this stage itself.2. The petitioner, who was a field worker under the Central Coalfields Limited at Piparwar, superannuated from service on 31.3.2006. His grievance in this writ application is that the respondent CCL has not paid his gratuity and other dues, which he entitled to have after his retirement.3. It is stated by the petitioner in this writ application that by issue of Annexure-3 dated 16.2.2007, the petitioner was informed by the Staff Officer (P & A). Piparwar Area, that after his retirement he has not vacated the quarter, which was in his occupation, therefore, he should vacate the quarter immediately, failing which penal rent at the market rate shall be recovered from him in terms of the rules of the company. The petitioner thereafter, vacated the quarter on 19.2.2007 itself and the hospital authorities gave him the clearance certificate in that regard.4. A counte...
Shivakant Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-26-2008
Reported in: [2008(2)JCR644(Jhr)]
ORDERAmareshwar Sahay, J. 1. Heard the parties.2. In view of the nature of disputes and relief sought for, this writ petition is being disposed of at this stage itself with consent of the parties.3. The petitioner has filed this writ petition for a direction to the respondents to pay the benefit under the Assured Career Progression (A.C.P.) Scheme with effect from 15.11.2000 along with benefit of increased salary amount, benefit of encashment of unused Earned Leave, revised amount of gratuity under the benefit of A.C.P. with effect from 15.11.2000 and revised increased amount of pension with effect from 1.8.2002 apart from the other retiral dues of the petitioner who retired from service on 31.7.2002 from the post of Extension Educater, Health Department from Sadar Block, Dumka.4. In paragraph-4 of the counter-affidavit filed on behalf of the State it has been stated that the petitioner has been granted benefits of A.C.P. by the Regional Deputy Director, Health Services, Santhal Pargan...
State of Jharkhand and ors. Vs. Sanjay Kumar and ors.
Court: Jharkhand
Decided on: Mar-26-2008
Reported in: [2008(2)JCR645(Jhr)]
ORDER1. Heard the counsel for the parties In the limitation matter and also on the merit of the appeal.2. This appeal is directed against the judgment dated 28.8.2006 passed in WPS No. 383 of 2006 which reads as under:petitioners were engaged in the year 1984 as dally wagers. It is alleged that they are continuing since then and seek regularization. The question of regularization has been finally set at rest by the Apex Court in the case of Secretary, State of Karnataka and Ors. v. Umadevi (3) and Ors. : (2006)IILLJ722SC , wherein Apex Court, in para 53 has observed as under:53 : one aspect needs to be clarified. There may be cases where irregular appointments {not illegal appointments) as explained in S.V. Narayannappa, R.N. Nanjundappa and B.N. Nagarajan and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the Intervention of orders of the Courts or o...
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