Orissa Court December 1998 Judgments
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Pravasini Panda (Smt) Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-14-1998
Reported in: 87(1999)CLT205; (1999)IIILLJ804Ori; 1999(I)OLR254
Susanta Chatterji, J. 1. This writ petition is a story of an untold misery. Petitioner, Smt. Pravasini Panda, is the unfortunate wife of a Class-IV employee in the Court of Sub-Divisional Judicial Magistrate, Chhatrapur who has come to this Court for the second time seeking the following reliefs:'.....issue a Rule Nisi calling upon the opposite parties to show:--(i) as to why the family pension and D.C.R.G.and other service benefits shall not besanctioned and payable to the petitioner in termsof the Finance Department Memorandum datedNovember 30, 1987 under Annexure-5forthwith;(ii) as to why the order dated April 20, 1985 passed by the learned District Judge in dismissing the petitioner's Husband from service shall not be quashed in view of his disappearance from service under normal circumstances ;(iii) as to why the order dated August 6, 1996in rejecting the petitioner's claim for familypension and D.C.R.G. under Annexure-8 shallnot be quashed ; (iv) as to why the other legal dues vi...
Harimohan Panigrahi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-14-1998
Reported in: 1999(I)OLR234
Susanta Chatterji, J.1. Hari Mohan Panigrahi, writ petitioner, has asked for the following reliefs :'........to direct the opposite parties more specifically opposite party No. 3 to grant pensionary benefit to the petitioner computing the total period of service of the petitioner i.e. 28 years and give arrear and current revisional pension to the petitioner and pass further order/orders as deemed fit and proper in the facts and circumstances of the case.....'2. The petitioner, in fact, has challenged the illegal actions of the opposite parties for not granting the pensionary benefits to the petitioner with effect from 22.12.1962 to 11.7.1965 and 11.7.1967 to 9.11.1972 even though he had served in different aided Educational Institutions without any break during the said period as alleged. It is stated that his service book has been regularised by the Circle Inspector of Schools.3. In details it is contended that the petitioner was appointed ah an assistant teacher on 22.12.1962 in a Pr...
Sail, Rourkela Steel Plant Vs. Rajesh Kisan
Court: Orissa
Decided on: Dec-10-1998
Reported in: 1999(I)OLR326
P.K. Misra, J.1. The employer has filed this appeal under Section 30 of the Workmen's Compensation Act (in short, the 'Act') against the award passed by the Workmen's Compensation Commissioner (in short, the 'Commissioner'), Rourkela, awarding a sum of Rs. 55,652.2. The claimant-respondent is the son of deceased Chaitan Kisan, who was admittedly working under the present appellant. It is alleged in the claim petition that the deceased while going to attend his 'B' shift duty on 27.5.1988, his bi-cycle collided with running buffalo near the Traffic Gate of the appellant's factory as a result of which the deceased fell down and sustained injury and after being admitted to Ispat General Hospital, died on 28.5.1988. Alleging that the deceased had died in an accident arising out of and in course of employment, a claim application was filed.The appellant while denying about the allegations made in the claim application contended that the deceased was found lying near the main gate of the pla...
Adhikari Naik Vs. Sadhu Charan Biswal and ors.
Court: Orissa
Decided on: Dec-10-1998
Reported in: 1999(I)OLR263
P.K. Misra, J.1. The present opposite party No. 7 had filed T.S. No. 185 of 1996 in the Court of the Civil Judge (Sr. Dvn.), Bhubaneswar, under Order 1, Rule 8, of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C) for and on behalf of Sabara Community of village Gadakana for declaration of their communal right over the disputed land and for injunction prohibiting the State Government from paying any compensation to defendant No. 1 (present opposite party No. 1). Opposite party No. 7 had also filed an application under Order 39, Rules 1 and 3, C.P.C, which had been numbered as Misc. Case No. 196 of 1996 for restraining the present opposite party No. 1 from receiving compensation amount in Land Acquisition Case No. 164 of 1987. On 6.5.1997 the present opposite party No. 7 filed a memo stating that he did not want to proceed with the case. On 7.5.1997 the present petitioner filed an application purporting to be under Order 1, Rule 8(5), C.P.C., to substitute himself in p...
Sachidananda Pradhan Vs. Vice-chancellor, Utkal University and ors.
Court: Orissa
Decided on: Dec-10-1998
Reported in: 1999(I)OLR321
P.K. Misra, J.1. The petitioner challenges the appointment of opposite party No. 5 against the substantive post of Lecturer in Public Administration in the Post-Graduate Department of Political Science of the Utkal University. It has been alleged that without issuing any advertisement and without holding any selection, opposite party No. 5 has been 'adjusted against the post of Lecturer, Political Science' thus depriving the petitioner of an opportunity of offering his candidature for the said post. It is contended that such 'adjustment' against a substantive post of Lecturer is opposed to the principle contained in the Orissa Universities Act, 1989 (Orissa Act 5 of 1989) as well as the provisions contained in the Orissa Universities First Statutes, 1990, and also opposed to the principle of equal opportunity in the matter of employment as envisaged in the Constitution.2. Opposite parties 1 to 4 and opp. party No. 5 have filed two separate counter affidavits taking almost similar stand...
Smt. Golap Sewa Alias Behera and anr. Vs. Grid Corporation of Orissa a ...
Court: Orissa
Decided on: Dec-08-1998
Reported in: AIR1999Ori189
Pasayat, J. 1. Widow and son of oneDharani Behera (hereinafter referred to as the 'deceased') have filed this writ application for a direction to the Orissa State Electricity Board (in short, 'OSEB'), which was subsequently taken over by the Grid Corporation of Orissa Limited (in short, the 'Gridco') For payment of compensation towards death of Dharani.2. Background facts as projected by the petitioners are as follows :High Tension Electric line passes over the land of decease in village Salakhuruni and due to heavy cyclone on or about 27-6-1992 one of the lines snapped and fell on fields. The deceased had gone to his fields to work and came in contest with the high voltage five line lying on his fields and was electrocuted and immediately succumbed to death in the early hours of 29-6-1992. Petitioner No. 1 is pardanashin lady and petitioner No. 2 being a small boy, did not know what to do. However, some benevolent persons of the village carried the deceased to nearby hospital. Report ...
Sri Mayur Biscuit Co. (P) Ltd. Vs. Regional Provident Fund Commissione ...
Court: Orissa
Decided on: Dec-08-1998
Reported in: [1999(81)FLR581]; (1999)IILLJ163Ori
P.K. Misra, J.1. The petitioner has filed this application seeking for a direction that it is entitled to the infancy protection under Section 16 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act') and for direction to opposite party No. 1 not to proceed with the inquiry under Section 7A of the said Act before disposal of the objection filed by the petitioner as per Annexure 3.2. The petitioner is a Private Limited Company. It purchased through auction the unit previously known as M/s. Konark Biscuits Pvt. Ltd. which has been seized by the Orissa State Financial Corporation (hereinafter referred to as the 'OSFC'). Thereafter, it obtained registration from the District Industries Centre, under the Orissa Sales Tax Act and Central Sales Tax Act and under the Factories Act and went ahead with the renovation of the Unit which had remained idle for a long period. The petitioner- Company started its production in October, 1994. On J...
Arna Sahu Vs. General Manager, (Talcher Area) Mahanadi Coal Fields Ltd ...
Court: Orissa
Decided on: Dec-08-1998
Reported in: (1999)IILLJ675Ori; 1999(I)OLR237
ORDER1. A short point has arisen in the instant case to be resolved by this Court as to whether the petitioner can get any relief in terms of Annexure-1 which is a communication made by the State Government to the Collector, Sambalpur/Dhenkanal as to the uniform guidelines for rehabilitation of the displaced persons/ families due to SECL Projects at Sambalpur and Dhenkanal District.2. Smt. Arna Sahu, the petitioner, submits, inter alia, that for the purpose of Open Cast Project of Mahanadi Coal Fields Ltd., more than three acres of land belonging to the petitioner were acquired under the Land. Acquisition Act. There was an indication in the aforesaid guideline vide Annexure-1 that one member from each family sustaining loss of dwelling house, homestead land and agricultural land not less than 1/3rd of the total, holding shall be provided with employment on priority basis. It is further indicated, inter alia, that in case of families having lost only homestead land or the total agricult...
Padmanav Dehury and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-08-1998
Reported in: 1999(I)OLR137
A. Pasayat, J.1. Nomination of Ramachandra Mohapatra as President of the Governing Body of Ramamani Mahavidyalaya, Kantabad in the district of Khurda is under challenge in this writ application. Said nomination was made by the Director of Higher Education, Orissa, Bhubaneswar under Rule 27 (wrongly stated to be Section 27 in Annexure - 1) of the Orissa Education (Establishment, Recognition Management of Private Junior Colleges/Higher Secondary Schools) Rules, 1991 (in short, the 'Rules'). The institution is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969 (in short, the 'Act').2. Main plank of challenge is that said Rama Chandra Mohapatra is not an eminent educationist which is a.sine qua non for such nomination. It is highlighted that originally by order dated 4.9.1997 (Annexure-1) the Sub-Collector, Khurda was nominated by the Government as the President of the Governing Body. Subsequently by order dated 21.11.1997 (Annexure-2), t...
Charulata SwaIn Vs. Manoj Kumar Mohanty and ors.
Court: Orissa
Decided on: Dec-08-1998
Reported in: 1999(I)OLR145
A. Pasayat, J.1. Challenge in this writ application is to correctness of the order dated 5.9.1997 passed by the learned Civil Judge (Junior Division), Kendrapara rejecting the prayers for (a) amendment of the plaint in paragraph 6 of the election petition questioning election of opposite party No. 2 as Sarpanch under Section 25 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as the 'Act'), and (b) examination of one Natabar Samal to prove the entries in the Polio Vaccine Register pro'duced by the Medical Officer, Indupur P.H.C.2. A brief reference to the factual aspects would suffice.Election to the office of Sarpanch, Ayeba Grama Panchayat was held on 20.1.1997. After withdrawal of nomination, petitioner and opposite party No. 2 were only candidates left to the contest. Petitioner challenged the election of opposite party No. 2 on the ground that she was disqualified to be elected as Sarpanch under Section 25(v) of the Act, as she had more than two children. The petit...
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