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Rajasthan Court July 1997 Judgments

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Jul 02 1997

Niyaz Mohammed Khan Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Jul-02-1997

Reported in: 1997(3)WLC302; 1997(2)WLN52

B.R. Arora, J.1. This appeal is directed against the judgment dated 26.2.96 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner and held that the relaxation in the age is only for the Government Servant and not for the persons serving in the other departments which are not run by the State Government.2. Appellant-petitioner Niyaz Mohammed Khan was working as a Teacher Grade III in Government Primary School in Panchayat Samiti, Bhilwara. The appellant, in pursuance to the Advertisement No. 6-Pariksha/Kha./Up. Ni. Po/94-95 dated 3.10.94, inviting applications for appointment on the post of twenty-six Sub-Insptectors of Police, applied for the same. His candidature was rejected for the post of Sub-Inspector Police being over-age. While considering his eligibility, the age-relaxation for three years applicable to the Government Servant was not taken into account in his case as he was in the service of Panchayat Samiti.3....


Jul 02 1997

United India Insurance Company Vs. Supheda and ors.

Court: Rajasthan

Decided on: Jul-02-1997

Reported in: 1(1998)ACC169

Shiv Kumar Sharma, J.1. Hakimdan, a young helper working on truck was crushed in an accident. At the relevant time he was employee of respondent No. 3. Learned Commissioner, Workmen Compensation, Alwar (for short the Commissioner) framed as many as four issues out of the pleadings of the parties and after recording the evidence awarded vide dated February 2, 1996, a sum of Rs. 86,764/- as compensation to the claimants alongwith 50% penalty observing that the provisions contained in Section 4A of the Act were flouted. Against this order of the learned Commissioner that the present action for filing the appeal has been resorted to.2. The only submission of Mr. Mehta, learned Counsel for the appellant is that the appellant-Insurance Company cannot be held liable for penalty.3. This question was dealt in New India Assurance Co. Ltd. v. Risal Singh 1997 (1) T.A.C. 444 (Raj.), and New India Assurance Co. Ltd. v. Mst. Rashida and Ors. 1997 (1) T.A.C. 339 (Raj.), and it was held that if the li...


Jul 01 1997

Ram Lakhan and anr. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Jul-01-1997

Reported in: (1999)IIILLJ519Raj; 1998(2)WLC208

N.L. Tibrewal, J. 1. By this petition under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus to consider and provide suitable employment to petitioner No. 1 under the Rajasthan Recruitment of Dependents of Government Servants (Dying while in Service) Rules, 1975 (hereinafter referred to as 'the Rules of 1975'). In order to appreciate the basis of the claim, necessary facts, as borne out from the petition and the documents filed along with the petition, may be narrated, which are as under : Late Shri Raghunath Prasad was a constable in the Police Department of the State Government, who died while in service way-back on June 20, 1969. Petitioner No. 2 Smt. Ram Devi is his widow. It appears that in the year 1995, i.e., after more than 26 years of her husband's death Smt. Ram Devi moved an application in the office of the Superintendent of Police, Bharatpur with a prayer to provide suitable employment/appointment to petitioner No. 1 on the ground of ...


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