Patna Court December 2004 Judgments
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Ranjit Kumar Ghosh Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-02-2004
Aftab Alam, J.1. Among the countless things that the Election Commission needs for the proper conduct of elections in this the largest democracy of the world, indelible ink is one. It is used for putting a mark on the index finger of the voter at the time of casting vote in order to ensure that no voter should exercise-his franchise more than once. The Commission seems to know exactly what it needs and where to get it from.' As the time comes for holding an election, it buys indelible ink in required quantity and in suitable packages from a particular source.2. The petitioner is the proprietor of a unit called, Bihar Ink Company which is engaged in manufacture of indelible ink for the past 40 years. The petitioner views the purchase of indelible ink by the Commission purely as a commercial transaction and resents his being kept out of this particular piece of business. The petitioner seeks to challenge the restrictive clause in the tender notice issued by the State Election Commission...
Rekha Rai and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-02-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The petitioners seek direction upon the respondents to regularise their services on Class IV posts, as they were engaged to work on daily-wages with effect from 1.12.1980 onwards.3. According to the case of the petitioners, they continued to work on daily- wages till 1.9.1995. The petitioners thereafter came to this Court for their regularisation in CWJC No. 4036 of 1996, which was disposed of on 25.11.1997 directing the respondents to consider the cases of the petitioners in accordance with law preferably within a period of three months from the date of receipt/production of a copy of the order. The representation filed by the petitioners, however, was rejected vide order, as contained in Annexure-B dated 16.2.1998 to the counter-affidavit.4. Learned counsel for the petitioners submitted that since the petitioners had worked for about 15 years under the respondents, their cases could have been considered for regularisation against th...
Md. MisbahuddIn Vs. Bihar State Agricultural Marketing Board and ors.
Court: Patna
Decided on: Dec-02-2004
Aftab Alam, J.1. Md. Mlsbahuddin holds a Gudrl Hat (Misc. Hat) on his raiyatl land under a valid licence granted by the Agriculture Produce Market Committee. Katlhar. The Hat is being held since 1994. The licence for the year, 2001-02 was granted to him on 15-3-2001. A lew months later, on 9-10-2001. licence was granted by the Market Committee to Md. Nazlbur Ralmuul (respondent No. 5) as well. for holding Hat on his own ralyall land. the land of 'Md. Nazibur Rahman for holing hat over which licence was granted is merely at a distance of 40 meters from the Hat of the petitioner. According to the petitioner, the grant of licence for the second Hat had an adverse Impact on his collections and it was also in viola-, lion of the directions issued by the State Government and the Bihar State Agriculture Marketing Board.2. Challenging the grant of licence to Md. Nazibur Rahman he earlier came to this Court in CWJC No. 15125 of 2001. That writ petition was dismissed by a single Judge by order,...
Shambhu Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-02-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The writ petitioner has challenged the order, as contained in Annexure-1 dated 14.1.1999, whereby and whereunder it was communicated that nobody will be engaged on daily wages in compliance of order of the Collector dated 3.9.1998.3. It is submitted by learned counsel for the petitioner that the petitioner worked on daily wages' since long and continued till passing of the order impugned, but his due wages have not been paid. A further prayer has also been made to regularise the petitioner on Class IV post.4. The factum of continuance of the petitioner on daily wages till passing of the order impugned, as contained in Annexure-1, is in dispute.5. According to the case of the respondents, the petitioner is said to have worked up to January 1996 and his due payments were made by the respondents.6. From Annexure-1, it is manifest that the authorities decided not to engage anybody on daily wages and this order was communicated to the peti...
Rajesh Kumar Shukla Vs. the Rajendra Agricultural University
Court: Patna
Decided on: Dec-02-2004
Chandramauli Kumar Prasad, J.1. This application has been filed for quashing a portion of Advertisement No. 1 of 1999 (Annexure-5) whereby the applications had been invited for appointment to the post of Talkie Operator. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to make appointment to the post of Talkie Operator in pursuance of the Advertisement No, 2/98 (Annexure-3).2. It seems that the casual employees holding Class III and Class IV posts working in the Rajendra Agriculture University, hereinafter referred to as the University', filed applications for regularisation of their services. Ultimately, the matter travelled to the Supreme Court giving rise to Special Leave Petition (Civil) No. 18694 of 1994. The Supreme Court, by its order dated 18.2.1988 (Annexure-2), gave the following direction.'So far as Class IV posts are concerned regular appointment against available vacancies for regular sanctioned Post under the B...
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