Patna Court June 1999 Judgments
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Janardan Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-22-1999
B.P. Singh, J.1. The 14 petitioners herein are the employees of the Rajendra Agricultural University holding non-teaching posts. They have prayed that the respondent-University be directed to pay to the petitioners the pay-scale of Rs. 1,000-1,820/- with effect from 18th September, 1987 since the scale of pay was upgraded by the State Government by its decision as contained in Annexure-4, dated 18-9-1987 and was approved by the Board of Management of the Rajendra Agriculture University in its meeting held on 30th May, 1988 which are Annexures 4 and 8 respectively. Their grievance is that despite the decision of the State Government and approval of upgraded pay-scale by the Board of Management of the respondent-University, they have been denied the upgraded pay-scale which is being paid to employees of the State of Bihar as well as the employees of the Birsa Agriculture University who hold the same or equivalent posts.2. Petitioner No. 1 along with others was temporarily appointed to ...
Smt. Karuna Kumari Vs. Rajendra Agricultural University and ors.
Court: Patna
Decided on: Jun-21-1999
S.N. Jha, J.1. The petitioner seeks a direction upon the respondents to absorb her on the post of Assistant Professor-cum-Junior Scientist (Home Science) or any other equivalent post. The facts of the case are as follows:2. The petitioner passed the Bachelor of Science (Home Science) examination from the College of Home Science Rajendra Agricultural University, Pusa on 1.7.85 vide notification No. 1498/RAU. She was selected for admission under the Master's Degree Programme in extension education. It may be stated here that the Academic Council of the Respondent-Rajendra Agricultural University ('the University' for short) had decided in its 24th meeting held on 5.11.84 to make arrangement for the PG training of its students after passing the B.Sc. course so that their services could be available to the University on a more assured basis since the College of Home Science which was established in the year 1982 had failed to recruit or retain the required number of faculty members in dif...
Prem Shankar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-21-1999
R.A. Sharma, J.1. The appellant, who claims to be the Chairman of the Bihar Pensioners Samaj, Ranchi, filed C.W.J.C. No. 2080 of 1996(R), seeking appropriate writ, order or direction quashing paragraph Nos. 1(i) and 2.1 of the State Government's Resolution Nos. 1853 and 1854 dated 11-4-1990, respectively (hereinafter referred to as the Resolutions, whereby and whereunder the State Government revised the pension of the State Government employees with effect from 1-1-1986 with the rider that the monetary benefit of the said revision will be available with effect from 1-3-1989 only. Consequential direction to give monetary benefit of the revised pension with effect from 1-1-1986 was also claimed. This writ petition has been dismissed by the learned Single Judge vide judgment dated 10-7-1997. Being aggrieved thereby the appellant has filed this appeal under Clause 10 of the Letters Patent.2. The State Government vide Resolution No. 1853 dated 19-4-1990 revised the provisions regulating p...
Jay Singh Vs. Lal Muni Devi and anr.
Court: Patna
Decided on: Jun-21-1999
Prasad, J. 1. This Letters Patent Appeal arises out of the judgment dated 24-3-1998 passed in M. A. No. 520 of 1991(R): (reported In 1999 AIHC 2440), whereby and whereunder the learned single Judge of this Court alleged the appeal of the Oriental Insurance Co. Ltd. to the effect that its liability was limited to the extent of Rs. 15,000/- for payment of compensation and the cross-appeal by the claim-ant was allowed in part enhancing the amount of compensation from Rs. 95.000/- to Rs. 1.25.000/- with interest @ 12% from the date of filing of the claim petition and there is direction that the appellant-owner (respondent No. 2 therein) of the offending vehicle shall pay the balance sum of the awarded compensation of Rs. 1,10.000/- to the claimant. 2. Briefly put, the facts giving rise to the instant appeal are as under : On 12-5-1987 Surendra Kumar Gupta (a contractor by profession), aged about 24 years, the son of the claimant (Lalmuni Devi), A.W. 5, boarded Amit Bus No. BPQ, 9900 a...
Shravan Kumar Vs. Administrative Member, C.A.T., Patna Bench and ors.
Court: Patna
Decided on: Jun-21-1999
R.A. Sharma, J.1. The petitioner was appointed vide order dated 25-2-1982 as a temporary Hindi typist until further orders in the Small Industries Service Institute, Ranchi (hereinafter referred to as the Institute). By order dated 11-9-1988, his services were terminated by the Director of the institute, as he could not qualify in the special qualifying examination for the said post conducted by the Staff Selection Commissioner, New Delhi, held in the month of March 1987. About seven years after the termination of his services, he made a representation dated 14-6-1995 before the Director against the termination of his services. Thereafter, he filed O.A. No. 628 of 1995 before the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the CAT) seeking quashing of the order dated 16-9-1988, whereby his services were, terminated. The CAT on 1-11-1995 disposed of the said case with a direction to the Director to decide the said representation within a period of t...
Dinesh Prasad Vs. the Regional Institute of Technology and ors.
Court: Patna
Decided on: Jun-21-1999
R.A. Sharma, J. 1. Both these appeals have been filed against the one and the same judgment of the learned Single Judge dated 9-8-1991, partly allowing the writ petition, being C.W.J.C. No. 324 of 1991(R), filed by Dinesh Prasad, holding that the writ petitioner therein is entitled to the scales of pay of Rs. 425-605/- in the junior selection grade and Rs. 535-765/- in the senior selection grade and not the scale of pay Rs. 480-680/-. The learned Judge rejected the prayer of the petitioner for pay-scales of Rs. 535-765/- and Rs. 580-860/- in the said two selection grades. Dinesh Prasad has filed LPA No. 139 of 1991 (R) challenging that part of the judgment of the learned Single Judge, whereby his prayer for higher scale of pay has been rejected. The other appeal being LPA No. 140 of 1991 (R) has been filed by the Regional Institute of Technology, Jamshedpur (hereinafter referred to as the Institute) against the other part of the judgment of the learned Single Judge whereby and whereu...
Mohan Lal Kuer Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-15-1999
P.K. Sarkar, J.1. This criminal Misc. application under Section 482, Cr.P.C. has been filed for quashing the order dated 24-8-90 passed by the Executive Magistrate Naugachia in Misc. Case No. 464/89 whereby he dropped the proceeding under Section 145, Cr.P.C. and also for quashing the consequential order passed in criminal revision bearing No. 312/90 whereby Addl. Sessions Judge, Naugachia confirmed the aforesaid order of the Executive Magistrate.2. The brief facts leading to this application are as follows :-An application was filed by the petitioner, Mohan Lal Kuer before SDM Naugachia to the effect that there was an apprehension of breach of the peace with respect to the possession over the land appertaining to khata No. 1026 old, 2988 new of KhasraNo. 4393 old, 5859 new area 0.08 acres. Accordingly, on 1-7-89, a proceeding under Section 144, Cr.P.C. was initiated and it was registered as Misc. Case No. 362M/89 and in the said proceeding Chandra Shekhar Kuer (opposite party No. 3) ...
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