Patna Court January 2001 Judgments
Akhouri Sanjay Nath Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-31-2001
Radha Mohan Prasad, J.1. In this writ petition, prayer on behalf of the petitioner is to issue an appropriate writ, order or direction commanding the respondents to regularise/absorb him in service of the respondent-National Fertilizers Limited, a Government of India Undertaking, on the post of Peon-cum-Messenger in which his services are being so used for the last six years since 1994 purporting to be through a Contractor.2. In short, the case of the petitioner is that he was initially engaged on daily wage basis through a Contractor on the post of Peon-cum-Messenger on a consolidated pay of Rs. 1,500/- at the Patna Regional Office of the respondent-Company. According to the petitioner, the said post and the job is perennial in natuse and not seasonal. The petitioner has been discharging his duties to the satisfaction of the authorities for more than six years without any break in service as is done by a regular employee, ( but has been denied of the benefit as a regular employee, in...
Tag this Judgment!Bihar State Electricity Board Vs. Braj Kishore Singh and ors.
Court: Patna
Decided on: Jan-31-2001
Sudhar Kumar Katriar, J. 1. This appeal under Clause 10 of the Letters Patent of the Patna High Court has been preferred against the order dated July 20, 2000, passed by a learned single Judge of this Courtin C.W.J.C. No. 10919 of 1999 (Braj Kishore Singh v. State of Bihar 2000 (4) Pat. LJR 411), whereby the order dated October 30, 1998 (Annexure 6) dismissing the petitioner from services of the Bihar State Electricity Board (hereinafter referred to as 'the Board'), and the order dated September 29, 1999 (Annexure 7) of the appellate authority, have been set aside, and the writ petitioner has been directed to be reinstated with entire arrears of salary within three months. The annexure numbers stated herein are those stated in the writ petition.2. The petitioner was appointed as a shift guard in the services of the Board on July 24, 1978. Raid was conducted in the official quarter No. EF/13, allotted and in possession of respondent No. 1 herein, in his presence along with one Surendr...
Tag this Judgment!Sri Amrendra and ors., Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-31-2001
Radha Mohan Prasad, J.1. In the first writ petition, bearing C.W.J.C. No. 10596 of 1999, the petitioners have prayed for quashing of Item No. 20 of the resolution of the Bihar State Housing Board (in short 'the Board') taken in its 187th meeting dated 27.9.1999, as contained in Annexure 5, to the effect that the work from the petitioners may be taken on contract basis with effect from 1st November, 1999 as per the need and further a direction to the respondents has been sought for to regularize the services of the petitioners against the vacant sanctioned post, on which they have been working for the last ten years without any break in service and also not to disturb them except in accordance with law.2. In short, the relevant facts of the first case are that the petitioners No. 1 to 4 were appointed by the Managing Director of the Board under Section 16(iii)(a) of the Bihar State Housing Board Act, initially for a period of three months on 4.7.1989, 28.11.1990 and 5.10.1989 respectiv...
Tag this Judgment!Brajesh Kumar Vila Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-31-2001
S.N. Jha, J.1. This writ petition was initially filed on behalf of 10 petitioners. The names of 9 of them were subsequently deleted presumably in view of the stamp report relating to payment of separate Court fees by each of them.2. The dispute in the case relates to appointment of Assistants on the basis of Third Graduate-Level Competitive Examination pursuant to advertisement No. 1/90. The petitioner seeks direction to extend the cut-off date for filling the vacancies. The cut-off date has been fixed by the State Government as 31.12.1993 meaning thereby, that vacancies existing up to 31.12.93, alone had to be filled on the basis of the said competitive examination. The grievance of the petitioner is that though the vacancies were advertised in 1990 itself, the written examination was held only in 1995 and the result thereof published on 16.12.96, the modified result was, in fact, published on 14.1.97; in such a situation treating 31.12.93 as the cut-off date should beheld to be arbi...
Tag this Judgment!Babu Ram Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-31-2001
S.N. Jha, J.1. The petitioners, who are four in number seek quashing of the orders as contained in Annexures 6 and 8. By Annexure6 the Director, Employment & Training, Bihar directed the District Magistrates concerned including the District Magistrate of Siwan district, to which the present case relates, to relieve the clerks working under his jurisdiction under the Unemployment Token Allowance Scheme. By Annexure 8 which is the consequential order, the petitioners have been relieved from their posts.2. The case of the petitioners is as follows. In October 1981, advertisement was issued by the Deputy Development Commissioner (DDC), Siwan inviting applications for appointment of Clerks. The petitioners submitted their applications. By order contained in Annexure 2, on 2.4.83 they were appointed on the post in Siwan Collectorate. In course of time, they were confirmed in services by the District Establishment Committee of the Collectorate on 11.11.94 by Annexure 3 with effect from back ...
Tag this Judgment!Sudhir Kumar Verma Vs. Sri Ashok Kumar Sah and anr.
Court: Patna
Decided on: Jan-28-2001
Nagendra Rai, J.1. The plaintiff-petitioner has filed the present Civil Rev sion under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') against the order dated 5-2-2001, passed by the Subordinate Judge v. Patnacity, in Title Suit No. 40 of 1997, rejecting his prayer for amendment of the plaint.2. The facts necessary for disposal of the point involved in this case are that the plaintiff-petitioner filed a suit for specific performance of contract against defendant-opposite parties No. 1 and 2 on the assertion that defendant-opposite party Mo. 1 has entered into an agreement on 10-1-1995 for sale of the property detailed in the plaint on consideration amount of Rs. 2,25,000, out of which he had already paid Rs. 1,70,000. The suit was filed on 24-9-1997. During the pendency of the suit on 6-1-2001, the plaintiff filed a petition for amendment of relief No. 1 in the plaint. The proposed amendment was:in case there is any legal difficulty in decreeing the ...
Tag this Judgment!Narayan Das Sharma and ors., Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2001
S.N. Jha, J.1. As same point is involved in these two writ petitions, they have been heard together and are disposed of by this common order. The dispute relates to filling of the vacancies meant for the Scheduled Tribes in the Bihar Subordinate Judicial Service. C.W.J.C. No. 8655/2000 relates to 24th Judicial Service Examination while C.W.J.C. No. 11341/2000 relates to the 25th Examination. In the former, the petitioners seek quashing of the decision of the State Government to keep the vacancies in question reserved for three years in terms of Sub-section 6(a) of Section 4 of the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1992 (Act 3 of 1992)(in short 'Reservation Act'). The said decision of the Government is contained in para 2 of letter No. 6749 dated 18.8.2000 of the Deputy Secretary, Personnel and Administrative Reforms Department. In the other case, i.e., C.W.J.C. No. 11341/2000, the petitioner se...
Tag this Judgment!Surendra Prasad Singh and ors. Vs. Mungeshwar Pasi and ors.
Court: Patna
Decided on: Jan-23-2001
S.N. Pathak, J.1. This appeal is directed against the judgment and decree of the first appellate Court dated 22nd February, 1986 and 14th March, 1986 respectively. Before I refer to the point of law on the basis of which this appeal was admitted, it would be worthwhile to refer to the relevant facts.2. The facts, in a nut-shell, are that the plaintiffs of the Title Suit No. 119 of 1968 are appellants here. They had filed the suit for removal of encroachment from plot No. 821, Plot Nos. 822 and 823 belonged to the defendants and they had allegedly encroached upon plot No. 821. The trial Court by its judgment dated 16th February 1979, decreed the suit holding that there was encroachment by the defendant-respondents over the land of appellants over plot No. 821 on the basis of Survey Knowing Pleader Commissioner's report. However, the appellate Court, referring to the report of the Pleader Commissioner, held that since this Commissioner was not a survey knowing Advocate, the report was n...
Tag this Judgment!Satendra Kumar Singh Kushwaha Vs. the State of Bihar
Court: Patna
Decided on: Jan-23-2001
Indu Prabha Singh, J. 1. The sole appellant has been convicted under Sections 366A and 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 years under Section 366A of the Indian Penal Code and 9 years under Section 376 of the Indian Penal Code. Both the sentences were ordered to run concurrently.2. The prosecution case, in brief, is that on 6-8-1997 the informant, Seema Kumari, at about 3 P.M. had gone to purchase Tobacco and after purchasing the Tobacco she was returning to her house, in way appellant Satendra Kumar Singh Kushwaha caught her hand and took her to the house of Piduli Mahto and confined her. It is also alleged that he gauged her mouth and in the night the appellant took Seema Kumari in an orchard where he stayed with her and in the next morning he proceeded to village Barasi and he took her to the house of Kameshwar Mahto in Village Barasi and he committed rape with Seema Kumari in the night and he kept Seema Kumari to the house ...
Tag this Judgment!Pallab Mazumdar and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-23-2001
Shiva Kirti Singh, J.1. This writ application has been filed by seven Doctors who completed their MBBS course in the State of Bihar but are not domiciles of Bihar and on this account alone i.e. on account of being residents of outside Bihar, they are facing ineligibility to take PGMAT-2000, a test conducted by Bihar Combined Entrance Competitive Examination Board for admission to Post-graduate courses in various medical colleges situated within the State of Bihar. The obstacle in the way of their eligibility is Clause 5.2 introduced for the first time in the Prosepectus for PGMT-2000 which requires that the candidate in order to be eligible for appearing in PGMAT-2000 must also be a resident of Bihar. Besides that, Clause 5.2 further requires that any one of the candidate's father-mother/husband-wife must be a permanent resident of Bihar or must be in Bihar Government service or in one of the specified All India service allotted to Bihar or public sector undertaking of Government of ...
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