Rajasthan Court February 1992 Judgments
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Rajendra Pal Singh Vs. V.O.S. and ors.
Court: Rajasthan
Decided on: Feb-18-1992
Reported in: 1992WLN(UC)41
M.B. Sharma, J.1. Though the matter has been listed today for orders on the stay application, but in my opinion this Court has no jurisdiction to entertain the matter as it is with us the jurisdiction of the Central Administrative Tribunal. The reasons are as under:2. The dispute relates to the recruitment/appointment to the post of Surveyor Assistant Gr. II under the Chief Engineer, Jaipur Zone, Cantt. Area, Jaipur. A service Selection Board was constituted by the Chief Engineer which was authorised to take interviews for selection on the post of Surveyor Assistant Gr. II. The petitioner being qualified and entitled for the said post, was called for interview through the Employment Exchange, he is said to have appeared before the interview Board and also claims that he has been selected. It will appear that the dispute relates to the recruitment/appointment to the civil post under the Union.3. 'Service Matters' has been defined in Section 3(q) of the Administrative Tribunals Act, 1985...
Hindustan Zinc Limited and anr. Vs. the Central Industrial Tribunal an ...
Court: Rajasthan
Decided on: Feb-18-1992
Reported in: 1992WLN(UC)39
Rajesh Balia, J.1. The facts which have come on record reveal that Bhagwan Singh was initially appointed as under-ground Mazdoor in 1975, his services were terminated with effect from 22.8.1976 and he was again appointed on 17.5.1977 at his own request. The services of the petitioner were again terminated by order dated 3/5.1.1979. An Industrial Dispute was raised and the matter was ultimately referred to Central Industrial Tribunal, Jaipur as a result of directives issued by this Court in S.B. Civil Writ Petition No. 2239 of 1983, decided on 12th June, 1986. The following question was referred to the Industrial Tribunal, Jaipur:D;k eSllZ fgUnqLrku ftad fyfeVsM ds izca/kd dks viuh tkokj ekbUl mn;iqj ds Jh Hkxokuflag] Vh uEcj&19523 dh lsokvksa dks vius fnukad 3@5&1&79 ds i= }kjk lekIr djus dh dk;Zokgh U;k;ksfpr gS ;fn ugha] rks deZdkj fdl vuqrks'k dk gdnkj gS 2. The Tribunal vide its order dated 22.11.1990 held the termination of the petitioner's services invalid and ordered for his re-...
Mahaveer Chand Vs. Riico and anr.
Court: Rajasthan
Decided on: Feb-18-1992
Reported in: 1992(1)WLC347; 1992(1)WLN221
Rajendra Sexena, J.1. By means of this writ petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of his displacement (demotion) order dated 28th October, 1 989 (Annex. 3) and prayed that respondent No. 1 be directed to promote him as Section Incharge in the promotion quota for the year 1987-88.2. Briefly stated the relevant facts are that the petitioner entered the service of Rajasthan State Industrial Development and Investment Corporation Limited (for short, 'the RIICO], a Government of Rajasthan undertaking as a Senior Assistant on 14th July, 1975. As per final seniority list Annexure-1 ,of Senior Assistants as on 31-3-87, his name was placed at Sr. No. 4. By order dated 30th July, 1987 (Annex. 2), he along with other Senior Assistants was promoted on the post of Section Incharge, on ad hoc basis for a period of six months or till the suitable candidates were made available on selection by the Departmental Promotion ...
Gulam Rasool Vs. Mariyam and ors.
Court: Rajasthan
Decided on: Feb-17-1992
Reported in: 1992(3)WLC478; 1992WLN(UC)18
N.K. Jain, J.1. This is defendant's revision petition directed against the order of learned District Judge, Pali dt. 27.9.89 in civil original suit No. 32/72.2. Brief facts of the case are that the plaintiff non-petitioner No. 1 Mariyam filed a suit on 20.9.72 for declaration and possession of the disputed land Nohra, a well and building situated at Pali against the defendant non-petitioner No. 2 to 5 and also claimed damages for Rs. 5100/-. It was alleged that she purchased the disputed Nohra from the defendant No. 4 Smt. Pani Bai and defendant No. 5 Satya Narain with the consideration of Rs. 25,000/- on 30.4.1971 and the registered deed was executed on 6.5.71 at Jodhpur. The defendant No. 2 expired and his legal representatives No. 3 to 9 were taken on record. During the pendency of the suit, the defendants No. 4 and 5 had sold the disputed Nohra to the defendant No. 6 Gulam Rasool, the present petitioner for Rs. 40,000/- on 29.8.72 by a registered sale deed, the plaintiff on 25.5.78...
Rajendra Swaroop Mathur Vs. Municipal Board and ors.
Court: Rajasthan
Decided on: Feb-17-1992
Reported in: 1992(1)WLN269
Rajesh Balia, J.1. Petitioner challenges the validity of the order 29.11,1 990 giving him notice that his services will be terminated on the expiry of thirty days from the receipt of the notice. The petitioner's case is that he was possessing Diploma in Civil Engineering and was appointed as Junior Engineer on 23.11.1984 temporarily and on the said post, he was allowed to continue by passing orders from time until the impugned order dated 29.11.1990 was made. Petitioner contends that his services have been terminated in apparent violation of the provisions of the Industrial Disputes Act, inasmuch as no retrenchment compensation has been paid alongwith termination of his service. He further contends that in terms of Ex.4 dated 19.1.1989 he was entitled to be considered for regularisation of his services as he has completed more than two hundred and forty days in the service of the respondents and forty days in the service of the respondents commensurating with the qualification held by ...
Suresh Kumar Vs. Dungarpur-banswara Kshetriya GramIn Bank
Court: Rajasthan
Decided on: Feb-17-1992
Reported in: 1992(1)WLN226
Rajesh Balia, J.1. According to the petitioner, the respondent-Dungarpur-Banswara-Kshetriya Gramin Bank, Dungarpur is a creature of Regional Rural Banks Act, 1976. It is financed by National Bank of Agriculture and Rural Development (for short, ' NABARD') and is sponsored by the Bank of Baroda, which is a nationalised Bank. The respondent Bank issued an advertisement on 16.11.1985 for appointment of 30 officers in the services of the respondent Bank. As a result of written examination and interview, the Bank prepared a list of selected candidates which is produced as Annx. 7 with the writ petition, in which the name of the petitioner finds place at serial No. 33. Apparently, 30 names were empanelled against the advertised vacancies and 3 candidates were included as reserve, for, 10% of the total number of vacancies were to be included in the panel as reserved-list; of the selected candidates. In the intimation given to the petitioner vide Annx. 2, it was made clear that name of the pet...
Chiman Singh Vs. the State Bank of Bikaner and Jaipur and anr.
Court: Rajasthan
Decided on: Feb-17-1992
Reported in: 1992(1)WLN225
Rajesh Balia, J.1. The petitioner was initially appointed as Peon-cum-Farash by order dated 1 4.6.1967 for a temporary period of 31 days at the Barmer Branch of the State Bank of Bikaner and Jaipur. According to the petitioner, his appointment was extended time and again and he continued to serve upto 15.10.1971. Between 1967 to 1 971, in all he worked for 623 days, thereafter his services were terminated. The case of temporary employees whose services were terminated by the Bank was taken up by a Union, as a result of which a decision was taken on 1 6th January, 1 976 according to which the temporary employees were classified into three categories-[i) those who were continuing in service, [ii] those whose services terminated on or after 1st January, 1975 and, [iii] those whose services were terminated prior to 1.1.1975. There was no automatic reinstatement in service of those whose services had come to an end prior to 1.1.1 975, but the re-employment was as a result of their being fou...
Pawan Kumar and anr. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-17-1992
Reported in: 1992(1)WLN399
Rajesh Balia, J.1. In all the writ petitions, list of which is annexed as Schedule 'A', have arisen in almost similar circumstances and the petitioners have sought common reliefs.2. For the present purpose, it may be submitted that petitioners in all the above-mentioned cases were appointed Junior Engineers under various Schemes floated by the respondents to provide better rural employment from time to time under different nomenclatures, ultimately merging into Jawahar Rozgar Yojna. All the petitioners were appointed under different employment agencies, may be Panchayat Samiti or District Rural Development Agency, directly. The appointments were given for a fixed term and were not extended after the relevant date on which their employment came to an end. The termination of their employment is challenged on various grounds, particularly with reference to the provisions of Industrial Disputes Act, 1 947 (hereinafter referred to as 'the Act of 1947') and on the ground that while the Schem...
Jagdish Prasad Dave Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(1)WLC1; 1992WLN(UC)43
R. Balia, J.1. The petitioner was appointed as Civil Mistri on work-charge basis on 8.1.1973. While the petitioner contends that he has been made to discharge the functions of Lower Division Clerk, the respondents have denied it. The petitioner contends that he was required to discharge the duties of L.D.C. and, therefore, his services may be regularised on the post of L.D.C. and not as Civil Mistri or, Li alternate, the vacancies of Civil Mistri Grade-I may be determined in accordance with the Rules and his case for promotion from Civil Mistri Grade-II to Civil Mistri Grade-I may be considered. While the facts about petitioner having discharged the duties of L.D.C. during his appointment as Civil Mistri is disputed and on that basis, it is contended that the petitioner is not entitled to be regularised on the post of L.D.C, however, during the pendency of the writ petition, the Rajasthan Sub-ordinate Service (Ministerial Staff) Rules, 1957 (hereinafter called 'the Rules of 1957') were...
Vimla Devi Vs. Nand Lal
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(2)WLC53; 1992(2)WLN459
R.S. Kejriwal, J.1. This revision has been directed against the order date 30.10.1991, passed by Additional Civil Judge No. 3 Jaipur City, Jaipur, by which he allowed the application of the Non-Pet. Nos. 1 to 3 and impleaded them as defendants in the suit.2. The brief relevant facts of the case are that the plaintiff petitioner filed a suit for eviction against the Non- Petitioner Nos.4 and 5. In that suit, the Non-petitioner Nos. 1 to 3, filed an application under Order 1 Rule 10 for becoming parpties on the ground that the disputed property was leased out by their father Kesher Lal and as such they were necessary parties in the suit. The trial court allowed the application and impleaded the N.P. Nos. 1 to 3 as defendants in the suit, vide its order dt. 30.10.91. This order has been challenged by the plaintiff petitioner.3. Council for the petitioner argued that the dispute which the non-petitioners want to raise in the present suit is regarding title which is foreign to the present s...
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