Rajasthan Court September 1991 Judgments
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Dr. Amilal Bhat Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-18-1991
Reported in: 1992(1)WLC64; 1991(2)WLN317
Indersen Israni, J.1. This writ petition has been filed with a prayer to give direction to the respondents that the petitioner may not be treated as over age and he may be appointed on the post of Lecturer (Urology) on temporary basis.2. Briefly, it is submitted by Mr. R.D. Rastogi, learned Counsel, that the petitioner's date of birth is January 1, 1956 (Anx. 1). He passed his MBBS examination, in the year, 1979, from the University of Rajasthan and secured First Division. Thereafter, he passed his M.S. in General Surgery, in year, 1984, from the same University. He passed his M.Ch. (Urology) Degree Course in the year, 1987 (Anx. 4). The Deputy Secretary, Medical and Health Services issued advertisement No. 1/90 on August 13, 1990, which was published in 'Rajasthan Patrika' on August 22, 1990, in which three posts of Lecturer in Urology have been advertised on ad-hoc/urgent temporary basis. The maximum age required was 35 years to be counted as on January 1, 1991 (Anx. 5), as per Rule ...
Gajendra Kumar Pareek Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-17-1991
Reported in: 1992(1)WLC259; 1991WLN(UC)464
G.S. Singhvi, J.1. Petitioner who is working as LDC in the District Treasury, Alwar, was placed under suspension by order dated 14.1.1987 in contemplation of departmental enquiry. He was however, reinstated in service on 2.2.88. He has stated that no enquiry has been initiated against him for last 4 years, in as much as no notice of enquiry either under Rule 16 or under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 has been served upon him. The grade increments, which fell due to the petitioner in the month of December, 1987, December, 1988, December, 1989 and December 1990 have not been released. Moreover, he has not been given the benefit of selection grade in the cadre of LDC whereas the other persons who are junior to him have been given this grade vide order dated 14.3.1990. Petitioner made representations on 16.10.1989, 30.1.1990, 23.3.1990 31.1.1991 and 26.2.1991 for grant of annual grade increments and for grant of selection grade. In re...
Birdhi Chand Vs. Jaipur Development Authority
Court: Rajasthan
Decided on: Sep-16-1991
Reported in: 1992(1)WLC309; 1991WLN(UC)342
G.S. Singhvi, J.1. The petitioner Birdhi Chand presently an employee of the Jaipur Development Authority and he is holding post of Upper Division Clerk. A memorandum dated 7.12.82 was issued by the Additional Secretary, Jaipur Development Authority (for short JDA) and a departmental enquiry under rule 16 of the Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958 was proposed against the petitioner. This memorandum was accompanied by a charge-sheet and a statement of allegations. An enquiry was held against the petitioner Shri S.N. Tandan, retired RAS officer was appointed as Enquiry officer. Shri Tandon recorded the evidence of both the parties and then submitted his report. He held that the charges levelled against the petitioner have not been proved. Secretary, JDA (Disciplinary Auhority) accepted the Enquiry Report, He, however, recorded further finding that the petitioner had taken a loan of Rs. 4000/- from Chand Behari Lal Goyal and Suresh Kumar Gupta and this...
Ram Swaroop and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-16-1991
Reported in: 1991(2)WLN225
M.B. Sharma, J.1. This order will dispose of both the above numbered Habeas Corpus petitions as they arise out of the same case.2. One Shri D.L. Gandhi, Preventive Inspector, Central Narcotic Bureau, Gwalior on getting information that one red coloured Maruti car bearing Number PAI 5266 carrying smuggled opium weighing more than one quintal, was to pass near Nursing Temple at Nasirabad, went alongwith party and waited for it. It was seen that red Maruti car was coming, it is followed by Shri Gandhi and party and after being chased upto a distance of about 4-5 kms., it was stopped. It was noticed that the accused persons and one more and total three accused persons were inside the Car. It was being driven by Kashmirilal. On a search being taken it was found that the accused persons were in possession of the opium in different bags and the total opium which was in joint possession of the accused persons inside the Car was 79.100 kgs. Samples were taken and Under Section 8/18 of the Narco...
Akhil Rajasthan Leprosy Workers Association Branch Vs. State of Rajast ...
Court: Rajasthan
Decided on: Sep-12-1991
Reported in: 1991(2)WLN326
G.S. Singhvi, J.1. Petitioner is an association of the employees working in the Leprosy Centre (Deeg) Bharatpur. They were initially employed at the Leprosy Centre which was being run by the Damien Foundation Brussels. The Centre was taken over by the Government in the year 1989. Record enclosed to the Writ Petition show that thereafter several representations have been made by the employees of various benefits to them, grant of regular pay scales etc. In the meeting held on 17.3.90 in the Directorate of Medical and Health Services between the representatives of the workers and the Department, certain decisions were taken. According to the petitioner, the Government has still not given effect to the recommendations made in that meeting and it has not taken a final decision in the matter. The petitioner has stated that it has been making representations to the Government to finally decided the matter but despite of these representations, the matter is still pending with the Department.2...
Om Prakash Saini Vs. the State of Raj. and anr.
Court: Rajasthan
Decided on: Sep-12-1991
Reported in: 1991(2)WLN446
I.S. Israni, J.1. In this petition it has been prayed that respondent may be given direction to appoint the petitioner in the Grade of LDC from the date when the said post was found vacant along with consequential benefits.2. Briefly stated, it is submitted by Shri Dinesh Sharma learned Counsel for the petitioner that the petitioner is the son of (late) Shri L.L. Saini who expired in the month of January, 1981 while he was in service as Cleaner in the office of respondent No. 2. Since there was no other earning member in the family, the petitioner applied under the Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975 (for short 'the Rules 1975') for giving appointment to him. The petitioner was asked to join on the post of Cleaner and was given a clear assurance that whenever a post of Clerk will be available, he will be appointed on the same. At the time of appointment he had passed Matriculation Examination and that subsequently passed Inter...
Bhagwan Das and ors. Vs. Bhanwarlal and ors.
Court: Rajasthan
Decided on: Sep-12-1991
Reported in: 1(1992)ACC189
D.L. Mehta, J. 1. This appeal is directed, against the award passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Jaipur, dated 17th March 1989, in M.A.C.T. Case No. 284/1985.2. It is an admitted position that the present appellant claimants were the owner of the vehicle and the vehicle was insured with the respondent No. 3, i.e. M/s New India Assurance Company, Ltd. Jaipur, The respondents have produced the Insurance Policy to show that their liability is limited one and the liability is only to the extent of such amount as is necessary to meet the requirements of the Motor Vehicles Act, 1939.3. As far as the question of extent is concerned, is not in controversy before me. The only controversy raised is about the quantum of liability of the Insurance Company.4. Mr. Bhartiya, learned Counsel for the appellants submits that D.W.2, Bhagwan Das, appellant is the owner of the vehicle. The appellant appeared before the Court as NAW 2 and stated that he is the owner of t...
Manohar Lal Sharma Vs. University of Udaipur and anr.
Court: Rajasthan
Decided on: Sep-11-1991
Reported in: 1991(2)WLN467
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that the respondent University may be directed absorb the petitioner in the service of the University of Udaipur in the same manner in which the persons junior to the petitioner have been so appointed with all consequential benefits.2. The petitioner came to be appointed as Research Assistant in the Agriculture Department of the Government of Rajasthan. The Government of Rajasthan decided to transfer the services of the Government servants employed in the Research Schemes to the University of Udaipur and for this purpose options came to be invited from the employees working in the Research Schemes. The petitioner opted for the services of the, University. On 10.6.1977 the services of the petitioner came to be placed at the disposal of the University of Udaipur with immediate effect by the order Annex. 1 dated 10.6.1977. The name of the petitioner appear at item No. 9 of part II of this order. The University did not absor...
Jaspal Kaur Vs. Manjeet Singh
Court: Rajasthan
Decided on: Sep-10-1991
Reported in: I(1992)DMC439; 1992(1)WLC86; 1991WLN(UC)495
M.B. Sharma, J.1. On an application filed by the appellant Smt. Jaspal Kaur, wife of the respondent Manjeet Singh Under Section 125 Cr.P.C, the learned Judge, Family Court under its order dated 25th May, 1990 disallowed the application so far as the appellant is concerned, but allowed it in respect of the minor daughter of the appellant and ordered that the respondent shall pay a sum of Rs. 300-/ per month for her maintenance. The appellant has filed this appeal against the aforesaid order in so for as the said order denied the maintenance to her.2. Some facts are no longer disputed end, they are these: The marriage of the parties took place on 14th June, 1984 and out of the wedlock a female child was born sometime in the year 1985. The parties are living separately since the month of May 1985 and when the appellant is said to have been turned out of the house by the respondent, she was carrying the pregnancy and delivered a female child at the honse of her parents at Ajmer. The respon...
Rambabu Sharma Vs. State and ors.
Court: Rajasthan
Decided on: Sep-10-1991
Reported in: 1991(2)WLN443
I.S. Israni, J.1. In this writ petition, it has been prayed that the petitioner is entitled to annual grade increments, during the period of suspension, which should be awarded to him.2. It is submitted by Mr. Akhil Simlot, learned Counsel, that the petitioner was working as Lower Division Clerk (LDC), in Agriculture Department & Soil Conservation at Bikaner and was put under suspension w.e.f. September 26, 1973. It is further submitted that the matter is squarely covered by a decision of the Division Bench of this Court given in Kan Singh v. State of Rajasthan and Ors. RLR 1989 (1) P. 111.3. It is submitted by Mr. B.K. Sharma, learned Additional Government Advocate, that he admits this position and prays that the further prayer of the petitioner, regarding award of 16% interest, should not be allowed. There is no doubt that even during the period of suspension, which is not a punishment, the contract of service of the person suspended, continues. In fact, subsistence allowance is paid...
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