Orissa Court September 2009 Judgments

Jayanta Kumar Khamari Vs. Railway Board, Ministry of Railways, Govt. o ...

Court: Orissa

Reported in: 108(2009)CLT793

B.P. Ray, J.1. The Petitioner in this writ application under Articles 226 & 227 of the Constitution of India has prayed for issuance of writ of mandamus directing the Opposite Party-Railway Board to appoint him in Indian Railway Service in accordance with his position in the merit list published for Engineering Services Examination-2007.2. The case of the Petitioner in brief is that he was a physically handicapped person inasmuch as the first finger of his right hand was half-amputed & other three fingers, namely, middle, ring & ladies finger, were amputed during his childhood. However, the thumb of the right hand remains intact. According to the Petitioner, he was using his left hand for writing since his childhood & despite his physical disability he was doing all types of work. According to the Petitioner, he passed Diploma in Civil Engineering in the year 199,3. The Petitioner was working as a Junior Engineer since 1.4 .1998 in Central Public Works Department (in short, 'C.P.W.D')....

Citi Financials Consumer Finance India Ltd. Vs. Rabindra Nayak

Court: Orissa

Reported in: 109(2010)CLT183

Pradip Mohanty, J.1. This civil revision is directed against the Order Dated 25.03.2006 passed by the Learned Civil Judge (Junior Division), 1st Court, Cuttack in C.S. No. 161 of 2005 rejecting an application under Section 8 of the Arbitration & Conciliation Act, 1996.2. The brief facts of the case are that the Opposite Party/Plaintiff filed a suit in the Court of Civil Judge (Junior Division), 1st Court, Cuttack registered as C.S. No. 161 of 2005 praying therein to declare that Defendant/Petitioner in this case is not entitled to lend money to public by way of loan charging high rate of interest & further praying to injunct the Petitioner from collecting the alleged high rate of interest from the house of the O.P. till the interest is calculated & adjusted by the Court. Before filing the written statement, the Petitioner/Defendant filed a petition under Section 8 of the Arbitration & Conciliation act, 1996 with a prayer to refer the matter to an arbitrator. The Trial Court, however, r...

Deepak Ranjan Mohanty Vs. State Election Commission Orissa and anr.

Court: Orissa

Reported in: 108(2009)CLT633

B.N. Mahapatra, J.1. Petitioner, in this Writ Petition, has prayed to quash the Order Dated 10.12.2002 (Annexure-1) passed by Opp. Party No. 1- State Election Commission, Orissa by which promotion has been given to Opp. Party No. 2-Saroj Kumar Pattnaik to the post of Senior Assistant & to give a direction to Opp. Party No. 1 to promote him with all financial & service benefits to the post of Senior Assistant from the date on which Opp. Party No. 2 got promotion to the said post.2. The case of the Petitioner in nutshell is that on 29.02.1996, he was appointed as Junior Assistant on ad hoc basis under Opp. Party No. 1- the State Election Commission, Orissa (hereinafter referred to as 'the Commission'). Subsequent thereto, ten candidates were selected to the posts of Junior Assistant in the office of Opp. Party No. 1 through regular recruitment process. Among them, the Petitioner secured second & Opp. Party No. 2-Saroj Pattnaik secured third position in the merit list. They were appointed...

Susant Kumar Baral Vs. Vice Chancellor, Berhampur University and ors.

Court: Orissa

Reported in: 2009(II)OLR988

B.P. Das, J.1. The petitioner has filed this writ petition with a prayer to quash the order dated 20.9.2002 passed by the State Government in Higher Education Department vide Annexure - 6, the order dated 22.10.2002 passed by the under Secretary to the Chancellor vide Annexure - 7 and the Resolution of the Syndicate dated 17.2.2003 under agenda No. 26 vide, Annexure - 8, by which the post held by the petitioner i.e. Research Associate in the Business Administration Department of the Berhampur University, has been re-designated as Lecturer with effect from 22.10.2002 and to direct the opposite parties to re-designate the said post of Research Associate as Lecturer from the date of his joining the post of Research Associate, i.e. 8.5.1991 and also to allow him the benefit of Career Advancement Scale by treating his verified service from the date of his initial appointment and other consequential service benefits.2. The case of the petitioner in this writ petition is that he was consisten...

Prabira Kumar Biswal and ors. Vs. State of Orissa and ors.

Court: Orissa

1. The petitioners, who are the teaching staff of the School for the Deaf located at Sunabeda in the district of Koraput, have filed this writ application challenging the order dated 25.7.2001 passed by the District Social Welfare Officer, Koraput, O.P.4, in Annexure-10 intimating them that in response to the order dated 19.9.2000 passed by this Court in O.J.C. No.7823/2000 and in view of the reduction of budgetary provision, the Government in Women and Child Development Department has been pleased to decide not to allow the benefits of the O.R.S.P. Rules, 1996 (Orissa Revised Scales of Pay Rules, 1996) in favour of teaching staff of special schools.2. The brief facts leading to this writ application tend to reveal that the school in which the petitioners were appointed was established in the year 1986 by the Red Cross Rotary Society, Koraput, which is a voluntary Organization and established the school for imparting education to the handicapped children. The State Government in Commun...

State of Orissa and ors. Vs. Padmini Kar

Court: Orissa

Reported in: 108(2009)CLT546

B.N. Mahapatra, J.1. In this Writ Petition, challenge is made to the legality and propriety of the Order Dated 24.02.2003 passed by the Orissa Administrative Tribunal (for short, the 'Tribunal') under Annexure-7 directing the Petitioners to appoint the Opp. Party as a regular Primary School Teacher in the concerned Education Circle, which is earmarked for the category to which she belongs in the existing vacancy and if no such vacancy is available against the next future vacancy by relaxing Orissa (Elementary Education Service) Rules 1997, (for short, the 'Rules 1997') & the Resolution and Orders.2. Bereft of unnecessary details, the facts and circumstances giving rise to filing of this Writ Petition are that the Government of Orissa in the erstwhile Education and Youth Services Department vide Letter No. 44157-(2) dated 01.10.1989 (Annexure-1), addressed to the Director, Secondary Education and Elementary Education, Orissa communicated its decision that all vacancies in the teaching p...

State of Orissa and anr. Vs. Orissa Administrative Tribunal and anr.

Court: Orissa

Reported in: 108(2009)CLT543

B.N. Mahapatra, J.1. This Writ Petition is directed against the Order Dated 9.7.2008 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (for short, 'the Tribunal') wherein the Tribunal has quashed the order of reversion dated 23.2.2007 passed against Opposite Party No. 2 as well as the order of handing over charge of even date and allowing him to continue in the promotional post.2. The short facts giving rise to this Writ Petition are that while O.P. No. 2 was continuing as Forest Guard, the Departmental Promotion Committee (for short the 'DPC') held a meeting on 11.04.1989 for filling up of seven temporary vacancies in the cadre of Foresters caused due to superannuation and leave vacancies of Foresters, suspension etc. The DPC prepared a list of seven Forest Guards who were selected as Foresters on promotion. In the said list, the name of O.P. No. 2 finds place at SI. No. 5. On reinstatement of one Nakula Mahakud, Forester, who was placed under suspension, O.P. No. 2...

State of Orissa and anr. Vs. Sri Niranjan Lenka and anr.

Court: Orissa

Reported in: 109(2010)CLT298

B.K. Patel, J.1. In this writ application the Petitioners have assailed the legality of Order Dated 29.07.2002 passed by the Presiding Officer, Labour Court, Jeypore in Industrial Dispute Misc. Case No. 70 of 2001 ' directing the Petitioner No. 2 to pay to the Opposite Party No. 1-workman interest at the rate of 18 per cent per annum for the period from 25.10.1990 to 08.01.1999 on the amount of back wages of Rs. 21,611 within a period of three months with further stipulation that in case of default of payment of the interest amount within the stipulated period interest at the rate of 9.05 per cent per annum on the total sum of interest calculated till the date of actual payment shall be payable to the Opp. Party No. 1.2. Opposite Party No. 1 was appointed as Dumper Operator Grade-Ill with the Balimela Dam Project on 01.01.1969. His service was terminated on 11.06.1970. On a reference under Sub-section (5) of Section 12 read with Clause (d) of Sub-section (1) of Section 10 of the Indust...

Sudeep Panigrahi Vs. Chairman, Joint Entrance Examination and ors.

Court: Orissa

Reported in: 108(2009)CLT876

M.M. Das, J.1. The Petitioner in the present Writ Petition has sought for issuance of writ of mandamus/direction directing the Opp. Parties 1 & 2 to allow him to take admission in the BDS Course in S.C.B. Medical College & Hospital, Cuttack for the Session 2009-2010.2. The Petitioner after completing his 10+2 Science Examination, 2005 appeared in the Joint Entrance Examination, 2009 intending to take admission in the medical stream & being successful in the said examination secured the rank 458 in the general category & 99 in the green card category in the merit list for medical & dental streams. He attended the Counselling on 18.7.2009 at Bhubaneswar. During the Counselling, candidates were given admission according to their position in the merit list, both in the general category as well as under various reserved categories like Scheduled Caste, Scheduled Tribe, Physically Handicapped, children of green card holders etc. when their respective turn came. The Petitioner produced all th...

Pabitra Mohan Pradhan and anr. Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT205

Sanju Panda, J.1. This writ application has been filed by the Petitioners under Article 226 of the Constitution of India for issuance of a direction to the Opp. Parties to register the sale deed executed by Petitioner No. 2.2. Earlier on 4.5.1999, this Court in OJC No. 14347 of 1998 directed the Commissioner of Endowments to execute the sale deed in favour of the successful bidder (Susant Kumar Mishra) in case he deposited the full amount before this Court within the stipulated time (three months from the date of that order). In case of his failure to deposit the same, the arrangement should be finalized with the second highest bidder (Giridhari Pradhan, the Petitioner in that writ application). The transfer should be subject to final outcome of the civil disputes regarding possession & nature of the tenancy as claimed by said Giridhari Pradhan. The possession should be handed over after execution of the sale deed. The amount deposited before this Court should be kept until the questio...