Jharkhand Court August 2008 Judgments
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The Quarry Owners Association Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(3)JCR742(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application is made for the following relief (s).1. For quashing the order dated 26.10.2002 vide letter No. 2032/M (Annexure-11) issued under the signature of Additional Secretary, Department of Mines and Geology (Respondent No. 3) whereby the respondents have intimated the petitioner Association that the arrears of royalty shall be realized from the members of the Association with interest @24% in pursuance of the notification dated 21.9.1994 and in the light of the final order passed by the Supreme Court in Civil Appeal No. 5089 of 1997.2. For quashing the letter No. 2206/M dated 28.10.2002 (Annexure-12) issued by the Assistant Mining Officer, Pakur (Respondent No. 4) by which members of the petitioner Association have been directed to submit the relevant papers in order to assess the quantum of enhancement of royalty since 28.9.1994 @24% on account of default in payment of royalty and the enhanced royalty which the petitioner has already paid...
Kripa Nath Pandey Vs. the Heavy Engineering Corporation Limited and an ...
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(3)JCR746(Jhr)]
R.R. Prasad, J.1. This writ application has been filed for issuance of a writ for a direction to the respondents to allot a quarter bearing No. B 1801/II on long term lease by adjusting retrial dues of the deceased AT. Pandey to be paid to the petitioner.2. The case of the petitioner is that the petitioner's brother AT. Pandey joined Heavy Engineering Corporation in the year 1963 and served the Corporation till his retirement on superannuation on 30.6.2001. Subsequently, when the Corporation came forward with the scheme of settlement of quarters to its employees including retired employees on long term lease, the petitioner applied for it but before any order in this respect could be passed, petitioner's brother who was issueless died and even his wife had predeceased him. Thereupon, the petitioner being brother of the said A.T. Pandey applied for payment of retrial dues including gratuity, upon which petitioner was asked for to come with the succession certificate. Therefore, the peti...
Mithilesh Kumar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(4)JCR119(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application has been made for issuance of a direction upon the Respondents to appoint the petitioner on the post of Constable. pursuant to an advertisement No. 01, of 2004 against which the petitioner had applied.2. The ground advanced by the petitioner is that in response to the aforesaid advertisement, the petitioner has submitted his candidature and he has appeared at the requisite Tests/examinations. The merit lists were published by the Respondents and the petitioner's name finds in the third Merit list at 98th rank. The petitioner had also received a letter dated 05.06.2005 from the competent authority informing him that he has been provisionally selected for the appointment on the post of Constable and he was directed to appear for the requisite Medical examinations with all requisite papers on 15.06.2005. The petitioner had accordingly appeared in response to the Call Letter and submitted all his Testimonials including his Intermediate e...
Dhaneshwar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2009(1)JCR90(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been filed seeking an appropriate writ, order or direction, commanding upon the respondents to count his service since 1964 when he joined and worked as Extra-Clerk for the purposes of payment of full pension.2. The petitioner's case, in brief, is that he had actually joined on ad-hoc basis in the year, 1964 and his name was entered in the service records/register in the year, 1967 and he was finally regularized in service in the year, 1981. The petitioner retired from service on 31.01.2003 and, according to him, he had completed over 30 years of service and is entitled to full pension. The petitioner further submits that even assuming 1967 as the cut off date, when his name was actually entered in the Office Register, he has completed 30 years of service and was, thus, entitled to full pension. He has further submitted that the denial of full pension is not only illegal and arbitrary but also violative of Articles 19(1)(g) and ...
Sushree Sweta Mukherjee Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2009(1)JCR121(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred to regularize the services of the petitioner, who is working since May, 1999 on daily wages as Office Assistant under the Deputy Commissioner, Koderma.2. The contention raised by the petitioner is that she was appointed on 10th May, 1999 on daily wages as Office Assistant under the Deputy Commissioner, Koderma, and on 9th March, 2000 the Deputy Commissioner, Koderma, stopped taking work from her without any reason. Initially the petitioner filed a writ petition being W.P.(S) No. 3012 of 2001, which was disposed of on 16th July, 2001 whereby, this Hon'ble Court gave liberty to the petitioner to approach the Deputy Commissioner, Koderma, who 'was to decide the claim of the petitioner by a reasoned order within three months from the date of receipt/production of a copy of the order. The petitioner approached the Deputy Commissioner along with the aforesaid order and an office order was issued on 6th March, 2002, wher...
Dhanjay Kumar Dubey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(4)JCR113(Jhr)]
ORDER1. This Public Interest Litigation relates to construction of bridge flyover, R.C.C. bridge over river Subernrekha and the bridge over Railway line at Namkum. This Court by order dated 23.7.2008 directed the National Highways Authority, Government of India regarding the development of the project. Pursuant to the aforesaid order two affidavits have been filed, one by the Executive Engineer, National Highways, Division Branch, Ranchi and another by Secretary Road Construction Department, Government of Jharkhand, Ranchi. In the affidavit filed by the National Highways Authority, it is stated that Pre- Qualification bid notice for the prospective contractors for the purpose of construction of railway over-bridge has been published through local newspaper on 5.1.2008. In response to that notice contractors' companies participated in the Pre-qualification bid and submitted document for technical evaluation. A financial bid was received on 10.4.2008. The technical evaluation report prep...
Md. SaijuddIn Sheikh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: 2009(57)BLJR349
R.R. Prasad, J.Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the State.1. The petitioner, initially was appointed on the post of 'Assistant Teacher' in Matric Trained Scale and was posted in the Middle School, Jampur, District-Sahibganj. Subsequently, he having been promoted to the post of 'Headmaster' under order as contained in Letter No. 12673 dated 29.11.1967, was granted B.A. Trained Scale w.e.f. 06.10.1967. The petitioner was given Scale of Junior Selection Grade, under order as contained in Memo No. 15006-8 dated 01.07.1988, issued by the District Superintendent of Education (in short D.S.E.), Sahibganj. Thereafter, in the year 1999, the petitioner was promoted to the Senior Selection Grade under order as contained in Memo No. 1016 dated 19.11.1999, issued by the D.S.E.-cum-Sub Divisional Education Officer, Pakur and even the petitioner was given annual increment and while the petitioner was serving as a Headmaster, the D.S.E., Pakur issued...
Bikash Singh @ Bikash Kumar Singh and ors. Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(4)JCR366(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard.2. The petitioner has challenged the order taking cognizance for the offence under Section 420, IPC and Section 3 of the Dowry Prohibition Act read with Section 34 of the IPC.3. In short the facts are that the opposite party No. 2 Ram Kumar Singh has filed a complaint petition in the Court of Chief Judicial Magistrate, Dhanbad alleging therein that he was looking for a boy for the marriage of his daughter and in that course, he along with the witnesses and family members went to see the son of Sheo Prasad Singh (petitioner No. 3). Sheo Prasad Singh came to Jharia along with his relatives and accepted the proposal of marriage of his son Bikash Singh @ Bikash Kumar Singh, but he demanded the huge amount for the marriage. However, after negotiations the complainant accepted the demand of the accused persons of Rs. 1,00,000/- for the expenses of marriage, watch, gold chain, ring, clothes V.I.P. bags, ornaments etc. and accordingly a sum of Rs. 95,000/- was...
Mahabir Kansi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(4)JCR428(Jhr)]
Ajit Kumar Sinha, J.1. The present writ petition has been preferred challenging the order dated 13.1.1999, passed by the Deputy Commissioner, Ranchi, in Misc. Appeal No. 254 of 1998, whereby, it has affirmed the order dated 6.4.1997, passed by the Sub Division Officer, Ranchi in Misc. Case No. 27 of 1996-97.2. The facts in brief, as submitted by the petitioner, are set out as under:The land, in dispute, pertains to R.S. Khata No. 268, Plot No. 2983, comprising a total area of 1.08 Acres of Village-Argora, Police Station-Arogra, Thana No. 207. A proceeding being Misc. Case No. 27 of 1996-97 was initiated by the Sub-Divisional Officer, Ranchi, on the direction of Additional Collector, since the plot, in question, was recorded as Gairmazarua Malik Parti Kadim in the revisional survey records of right.3. In the show cause, filed by the petitioner, it was submitted that the land, in question, was settled by the Ex. Landlord Maharaja of Ratugharha by way of grant of Hukumnama, dated 22.3.194...
Bharat Coking Coal Ltd. Vs. Madhevendra Singh @ Madhav Singh and anr.
Court: Jharkhand
Decided on: Aug-07-2008
Reported in: [2008(4)JCR315(Jhr)]
Ramesh Kumar Merathia, J.1. Mr. Mehta, appearing for the appellant, in support of the appeal, submitted that the Land Acquisition Officer awarded Rs. 5,369.40, which has been enhanced by the learned Land Acquisition Judge (LA Judge) to Rs. 2,05,200/- without any basis. He further submitted that the learned L.A. Judge should have passed order on the basis of the rate report (Ext. C); and that the rate @ Rs. 1200 per decimal is not based on any evidence produced by the applicants.2. On the other hand, Mr. Debi Prasad, appearing for the respondents, submitted that Ext. C has been rightly rejected by L.A. Judge. He further submitted that against 1.71 acres of land acquired only Rs. 5,369.40 was awarded by the Land Acquisition Officer which has been rightly enhanced by the learned L.A. Judge.3. The only question which arises in this appeal is whether the rate fixed by the learned L.A. Judge needs interference or not.4. From Ext. C, it appears that on the basis of the agricultural produce, t...
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