Rajasthan Court April 2000 Judgments
Krishi Upaj Mandi Samiti Vs. Babulal and anr.
Court: Rajasthan
Decided on: Apr-26-2000
Reported in: 2000(2)WLN202
Rajesh Balia, J.1. This is an appeal against the order dated 7.12.1999 passed in Civil Writ Petition No. 2689 of 1994. The petition was directed against the Award made by the Industrial Tribunal, Bhilwara dated 10th Jan., 1994 by which the respondent had been directed to be reinstated with 50% back wages.2. The respondent has been appointed as Class IV Servant in June, 1983 as a daily rated employee. He continued to function as daily rated employee until January, 1986 when he was given regular appointment. However, his services were terminated vide order dated 17.5.1986 inter-alia on the ground that his appointment was not in accordance with law. The respondent has urged that since he was in continuous service for a period of more than one year, the termination amounted to retrenchment which is not in accordance with provisions of Section 25-F and other provisions of the Industrial Disputes Act, 1947, and therefore, illegal. An industrial dispute was raised and referred to the Industri...
Tag this Judgment!S.A. Qadir Vs. the Union of India and ors.
Court: Rajasthan
Decided on: Apr-26-2000
Reported in: 2000(2)WLN635
N.N. Mathur, J.1. This appeal is directed against the judgment of the learned Single Judge dated April 17, 1998, dismissing the writ petition filed by the appellant-writ petitioner, hereinafter referred-to as the petitioner' seeking direction to quash the Communication dated 10.8.1987 confirming the punishment of dismissal from service under Section 40 of the Border Security Force Act, 1968, hereinafter referred to as 'the Act'.2. The petitioner, at the material time in the year 1987, was posted as Deputy Commandant (Joint Assistant Director) Headquarters, Dy. Inspector General, Border Security Force, Bikaner. He was charged for the offence under Section 40 of the Act alleging that he used contemptuous and disparaging remarks in his letter dated 18.3.1985 addressed to Shri W.G.J. Mudaliar, I.P.S. Inspector General of Police West Bengal and letter dated 4.9.1985 addressed to Shri M.C. Mishra. Director General, B.S.F., making slippry remarks on the entire I.P.S. Cadre saying that they we...
Tag this Judgment!Board of Secondary Education, Rajasthan Employees Union, Ajmer Vs. Sta ...
Court: Rajasthan
Decided on: Apr-25-2000
Reported in: AIR2000Raj313; 2000(3)WLC292
Yadav, J.1. By filing the present writpetition, the petitioner's Union questions the legality and constitutional validity of Ordinance dated 10-2-2000 promulgated by His Excellency the Government of Rajasthan in exercise of powers conferred under Clause (1) of Article 213 of the Constitution, a copy whereof is filed and marked as Annexure-2 to the writ petition on the ground inter alia that said Ordinance is ultra vires to the provisions of the Constitution and scheme of the Rajasthan Secondary Eduction Act, 1957.2. The brief facts necessary for disposal of the instant writ petition are that the Rajasthan Secondary Education Act, 1957 (hereinafter referred to 'Act No. 42 of 1957') was enacted by State Legislature for developing system of Secondary Education and also to establish a Board to reorganise, regulate and supervise secondary education in State of Rajasthan.3. Section 3 of the Act No. 42 of 1957 empowers for constitution of the Board. Under Section 4 of the aforesaid Act the co...
Tag this Judgment!Avas Vikas Sansthan Engineering Association and ors. Vs. Avas Vikas Sa ...
Court: Rajasthan
Decided on: Apr-25-2000
Reported in: 2000(4)WLC647; 2007(3)WLN226
Shiv Kumar Sharma, J.1. The grievance projected by the petitioners in all these petitions is more or less identical. All the petitioners are the employees of the Avas Vikas Sansthan (for short AVS). Before dealing with the controversy raised in the writ petitions few background facts are necessary to be incorporated.2. In the year 1988 National Housing Policy was placed before the Parliament, where it was recommended to establish building centres in different parts of the country. The decision/guidelines were circulated to all the Chief Secretaries of the States on August 12, 1988. The State of Rajasthan issued a direction to the Rajasthan Housing Board to implement the centrally sponsored scheme for establishment of building centres. A decision was taken in its 139th meeting of the Rajasthan Housing Board (in short the RHB) to set up building centres and it was decided to form a separate society in the name of Avas Vikas Sansthan (AVS). The scheme was formulated by the RHB in collabor...
Tag this Judgment!State of Rajasthan and ors. Vs. Bachhraj Soni and anr.
Court: Rajasthan
Decided on: Apr-25-2000
Reported in: 2000(2)WLN277
Rajesh Balia, J.1. This appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated 27.1.1997 passed by the learned single Judge of this Court in S.B. Civil Writ Petition No. 2298 of 1987 whereby the writ petition filed by the petitioner-respondent was allowed and the order dated 9.6.1987 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur was set aside and the respondents were directed to correct the seniority list published on 28.10.1985 by placing the petitioner at proper place reckoning his services from 11.9.1964.2. The brief facts leading to this appeal are: that petitioner-respondent Bachhraj Soni was appointed as Lower Division Clerk against a vacant post vide order Annexure/1 dated 10.9.1964 and was posted in Tehsil Taragarh. He came to be confirmed on the post of Lower Division Clerk with effect from 14.9.1972 vide order Annexure/2 dated 28.10.1972. Thereafter, the services of the petitioner were transferred to the Tra...
Tag this Judgment!Beg Raj and ors. Vs. Superintending Engineer and ors.
Court: Rajasthan
Decided on: Apr-25-2000
Reported in: 2000(2)WLN283
Rajesh Balia, J.1. Heard learned Counsel for the parties.2. The appellant has filed the writ petition No. 3336/97 challenging the order dt. 21st March, 1997 declaring Muraba Nos. 164/58 and 164/50 of Chak No. 4 BGM (A) belonging to respondent No. 3 as command area. The petitioners challenged the order inter alia on the ground that initial transfer of land from Chak 1 ALM to Chak 4 BGM (A) itself was invalid. The assertion of the petitioner while challenging this order is para 3 of his petition reads as under:That although the land of the respondent No. 3 was situated in Chack No. 1 ALM, the same was got transferred in Chack No. 4 B.G.M. (A) by manipulation with the respondents No. 1 and 2. The said transfer was made without giving an opportunity of hearing to the petitioners and without giving them a notice under the Irrigation Act and Rules, even the order by which the said land was transferred was not made available to the petitioners.3. The petition was dismissed in limine without a...
Tag this Judgment!Shanti Devi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-25-2000
Reported in: 2000(2)WLN199
Rajesh Balia, J.1. A letter was received by this Court which was written on 2.12.1999 by Smt. Shanti Devi alleging that her husband has died and she has been ousted from her-in-laws house and her three minor children has been kept in illegal custody by her in-laws.2. This court issued a notice to the Supdt. of Police, Hanumangarh calling upon him to cause production of minors Naresh Kumar, Sona Bai and Veerpal Kaur and inform the petitioner Smt. Shanti Devi also. In pursuance of this direction notices were issued fixing the date of hearing on 24.4.2000. On 24.4.2000 a detailed affidavit was furnished by Smt. Shanti Devi along with some documents. Smt. Shanti Devi along with her parents as well as three minor children along with their paternal grand-parents are present in the court.3. According to the assertions made in the application, the husband of the applicant had died on 14.3.1999. It is also apparent from the averments made in the petition that she was not living with her-in-laws...
Tag this Judgment!Nar Narayan Bohra Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-25-2000
Reported in: 2000(3)WLN175
Rajesh Balia, J.1. Heard learned Counsel for the petitioner.2. Having perused the order under appeal and documents annexed with this petition, we are in agreement with the conclusion reached by the learned Single Judge that after securing appointment to the post of Stenographer by litigating before this Court for seeking appointment and after having successful in that endeavour the petitioner has consistently avoided to join his duties at Jaisalmer where he was consistently asked to join through different orders and therefore, ultimately the order passed by the competent authority that since the petitioner-appellant has failed to join within time permitted to him at the place of posting he must be deemed to be not willing to join the duty and his appointment be cancelled.3. In compliance of the order dt. 11.12.1989 by this Court in S.B. Civil Writ Petition No. 4068/89 the appointment order was issued to the petitioner-appellant by the Commissioner Desert Development, Jodhpur. The appoi...
Tag this Judgment!Shyama Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-24-2000
Reported in: 2000(3)WLC633; 2000(2)WLN365
ORDERShethna, J.(1). Main Writ Petition No. 1129/99 was dismissed by me on 31.8.99. The said order was initially challenged by the petitioner before the Division Bench of this Court by way of special appeal filed on 8.10.1999 as stated at the Bar by the learned counsel Shri Goyal for the petitioner. The same was withdrawn by Shri N.K. Goyal from the Division Bench on 17.12.1999 as he wanted to approach this Court by way of review. While withdrawing the special appeal, a request was made that appropriate direction may be given for condonation of delay for filing the review petition to which the Hon'ble Judges of the Division Bench observed that appellant (present petitioner) may file appropriate application alongwith the review application which shall be considered and decided by the learned Single Judge in accordance with law. (2). Accordingly, this review petition was filed on 7.1.2000 which is barred by period of limitation by 99 days as calculated by the Office of this Court, On mer...
Tag this Judgment!Smt. Kailash Kanwar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-24-2000
Reported in: 2000(3)WLC226; 2000(2)WLN275
ORDERShethna, J. (1). The petitioner Smt. Kailash Kanwar was allotted land in Murba No. 7/49 for a total sum of Rs. 1,36,933/- by an order dated 20.10.1995 in tenequal yearly instalments. Immediately she deposited 10% of the total amount i.e. Rs. 13,694/- on 23.7.97. On depositing the said amount, the allotting authority passed an order of allotment in her favour on 24.7.97 (Annex.1). Thereafter, she continued to deposit the amount of yearly instalment. However, a circular dated 4.2.1995 was recalled on 12.3.1996 as staled in the impugned notice at Annex.4 issued by the respondent no.3-Tehsildar Colonisation and the petitioner was asked to deposit the balance amount in three instalments failing which her allotment shall be cancelled. Lateron, by a letter dated 28.2.2000 (Annex.6) the petitioner was informed that earlier allotment of land was made in her favour for Rs. 1,36,933/-, but the same has been increased to Rs. 1,57,286/- in view of the report of A.G. Committee. The petitioner h...
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