Orissa Court July 2008 Judgments
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Mrutunjaya Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-16-2008
Reported in: 106(2008)CLT857
ORDER1. Heard Shri T.K. Mandal Learned Counsel for the Petitioner and Mr. B.K. Mahanti, Learned Advocate General for the Respondents.2. This Writ Petition has been filed by the Petitioner as a Public Interest Litigation alleging himself to be a member of Scheduled Caste. He claims to possess the Law Degree and is eligible to appear in the examination scheduled to be held from 20th July, 2008 for Orissa Superior Judicial Service (Senior Branch) for which The Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 have been published in the Official Gazette by notification dated 17th August, 2007.3. The only grievance raised by the Petitioner is that in view of the provisions contained in Articles 15 and 16 of the Constitution some relaxation of marks should have been granted to the candidates belonging to reserved categories, as had been done on earlier occasions. Therefore, this Court should issue a direction to grant relaxation of marks at least to the extent of 5% fo...
Khageswar Bisoi Vs. Aruna Bisoi and ors.
Court: Orissa
Decided on: Jul-15-2008
Reported in: 2008(II)OLR426
ORDER1. Heard.2. The order dated 20.11.06 passed by the Civil Judge (Sr. Divn.), Talcher in MAT. Case No. 53 of 2004 is assailed by the appellant Under Section 28 of Hindu Marriage Act. The respondent-Aruna Bisoi had married the appellant according to Hindu rites and customs. Out of their wedlock, a daughter and a spn were born. The daughter is now aged about 13 years and the son 7 years.3. According to respondent-wife, her husband started neglecting her and even mentally and physically tortured her. Consequently, she had to leave her matrimonial house and to come and stay with her parents. In spite of best efforts as the husband did not bother about the wife and children, a petition was filed Under Section 13 of the Hindu Marriage Act by the wife praying to pass a decree for divorce on the ground of cruelty. The husband appeared before the Court below and filed a written statement denying all the allegations. According to him, he was ready to maintain his wife and children. In order t...
Alekha Kumar Jena Vs. Akshaya @ Akshaya Kumar Jena and ors.
Court: Orissa
Decided on: Jul-15-2008
Reported in: 106(2008)CLT742
I.M. Quddusi, C.J.1. By means of this Writ Petition, the Petitioner has challenged the impugned Judgment and Order Dated 24.2.2005 passed by the District Judge, Cuttack in Election Appeal Nos. 22 of 2003 and 24 of 2003 which appeals were filed against the Judgment and Order Dated 20.11.2003 passed by the Civil Judge (Senior Division), Kendrapara in Election Misc.Case No. 5 of 2002. Election Appeal No. 22 of 2003 was filed by Opposite Party No. 1 against the said Judgment declaring his election to the post of Member of Pattamundai Panchayat Samiti from Sanajaria Gram Panchayat as illegal and void and directing the Election Commissioner to do well to declare the instant Petitioner to be elected in his place. Election Appeal No. 24 of 2003 was filed by the instant Petitioner against that part of the Judgment passed by Learned Civil Judge (Senior Division), Kendrapara by which the Election Commissioner was directed to declare him as elected. Both the appeals were heard analogously and were...
Doctors' Association of Acharya Harihar Regional Cancer Centre and Ors ...
Court: Orissa
Decided on: Jul-15-2008
Reported in: 106(2008)CLT738; [2008(119)FLR519]
I.M. Quddusi, C.J.1. By means of this Writ Petition, the Petitioners have prayed for a writ in the nature of mandamus commanding the Opposite Parties, more specifically Opposite Parties 1 and 2 to carry out necessary amendment and/or alterations/modifications in the Rules and Regulations of AHRCC and to suitably modify and/or alter/amend Rule 38.1 of the Said Rule and Regulations and raise the retirement age of Doctors-(Class-I employees) of AHRCC from 58 years to 60 years so as to bring them in parity with the Medical Officers (Doctors), as has been made by the State Government-Opposite Party No. 1 vide notification dated 31.12.2003 (Annexure-2) and also to declare that there is no intelligible differentia or any vital or relevant distinction between the Doctors of State Government and those working in AHRCC like the Petitioners and no differentiation or classification can be made with regard to their retirement age as has been allowed to the Medical Officers of the State Government.2...
Safi Akhtar Khan Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jul-15-2008
Reported in: [2008(119)FLR523]
I.M. Quddusi, A.C.J.1. This writ petition has been filed against the impugned order dated 5th of October, 2001 by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 383 of 2000 dismissing the Original Application which was filed praying for a direction to the opposite parties to provide the petitioner compassionate appointment.2. The facts of the case are that the father of the petitioner was serving as a driver under the opposite parties who died in harness on 4.3.1997 leaving behind his widow/two sons, two married and two unmarried daughters. After the death of the father of the petitioner who was the sole bread earner putting the family members in distress, the mother of the petitioner submitted an application before opposite party No. 1 requesting him to appoint her son, the petitioner, who!was having a valid Light Motor Vehicle Licence, asKta driver' on compassionate ground. During the pendency of the aforesaid application, the mother of the petitioner also ex...
Dr. Bijaya Nanda Naik Vs. F.M. University and ors.
Court: Orissa
Decided on: Jul-14-2008
Reported in: 2008(II)OLR427
L. Mohapatra, J.1. The petitioner in this writ application assails the order of termination of his service passed by the Registrar, Fakir Mohan University in Annexure-24 and prays for confirmation in the University as Professor in Environmental Science.2. Pursuant to an advertisement issued by the Fakir Mohan University for filling up of the post of Professor in Environmental Science, petitioner submitted his application and was selected for being appointed to the said post on 12.4.2005. Since the petitioner was in Government service, he was permitted to be relieved by the State Government oh 9.5.2005 and joined in the post as Professor in Environmental Science on 12.5.2005. The Vice-Chancellor of the said University wrote letters to the petitioner as well as the other Professors in other disciplines in Annexure-6 to send Self Appraisal Forms for the purpose of confirmation in service. On 6.2.2007, the services of many Professors, Readers and Lecturers were confirmed by the University....
Arjoon Charan Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-14-2008
Reported in: 106(2008)CLT747
Indrajit Mahanty, J.1. This writ application has been filed by the Petitioner who has been working as a Lecturer in English and holding the First Post at U.K. Mahabir College, Madanpur under Utkal University. He was appointed in the said post on 11.07.1983.2. It is averred by the Petitioner that since he had possessed the required percentage of marks and had fulfilled the eligibility criteria, his appointment should have been approved by the concerned authorities and refusal of according approval was allegedly on the basis of an erroneous ground that the Petitioner did not possess 55% marks in the Master Degree Level Examination.3. This case had originally come to be disposed of by a Judgment dated 30.08.2000 passed by the Learned Single Judge of this Court directing the authorities to allow grant-in-aid to the Petitioner from the date he is entitled to and release the arrears within a period of six months from the date of communication of that order in consonance with the ratio of the...
Sri Narana Nayak Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Jul-14-2008
Reported in: 2008(II)OLR806
ORDER1. This writ application is directed against the order dated 31.8.2002 passed by the Tahasildar, Bhubaneswar in OGLS Case No. 1037 of 2000 (W.L. 605/1970) resuming the land settled in favour of the petitioner in exercise of power under Section 3-B of the OGLS Act.2. As it appears from the record in W.L. Case No. 605 of 1970, Ac.1.000 decimals or land appertaining to Khata No. 229/32, plot No. 462/621 in Mouza-Alkar had been settled in favour of the petitioner. Pursuant to a general direction issued by this Court in a writ application calling upon the State Government to enquire into the matter regarding misuse of power by the Tahasildar in settling the land, an inquiry was conducted and the present case under Section 3-B of the Act was initiated for resumption. In the impugned order the Tahasildar having found irregularities in the matter of settlement of the land in favour of the petitioner, passed an order of resumption which is assailed before this Court.3. Shri Samantaray, the...
Mahendra Prasad Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-14-2008
Reported in: 106(2008)CLT756
Indrajit Mahanty, J.1. This writ application has been filed by the Petitioner who has been working as a Lecturer in English and holding the First Post at Kosala Mahavidyalaya in the district of Angul. He was appointed in the said post on 2.11.1987.2. It is averred by the Petitioner that since he had possessed the required percentage of marks and had fulfilled the eligibility criteria, his appointment should have been approved by the concerned authorities and refusal of according approval was allegedly on the basis of an erroneous ground that the Petitioner does not possess 55% marks in the Master Degree Level Examination.3. This case has originally came to be disposed of by a Judgment dated 27.7.2001 passed by the Learned Single Judge of this Court directing the authorities to consider the proposal for approval of the appointment of the Petitioner in consonance with the ratio of the Judgment of this Court rendered in the case of Arjoon Charan Dash v. State of Orissa in O.J.C. No. 2, of...
Smt. Geetarani Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-11-2008
Reported in: 106(2008)CLT751
Sanju Panda, J.1. These two Writ Petitions have been filed by the Petitioner to quash the proceedings initiated by Opposite Parties 2 to 4 which was registered as Civil Suit Nos. 22 and 24 of 2008 before the Learned Civil Judge (Senior Division), Champua.Since the challenge made in these Writ Petitions are similar and the parties are same, both were heard together and are being disposed of by this common Judgment.2. For convenience, the factual backdrop of the case from W.P.(C) No. 7559 of 2008 is stated below:The Petitioner-Smt. Geetarani Mohanty along with Opposite Parties constituted a partnership firm in the name and style of M/s. Geetarani Mohanty on certain terms and conditions. Petitioner applied to the Government for grant of permission to transfer the mining lease in favour of the partnership firm. Government accorded the permission on 17.10.1992 and pursuant to the same, a tripartite transfer deed in Form-0 was executed between the Petitioner-Smt. Geetarani Mohanty (the origi...
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