Rajasthan Court December 2006 Judgments
Kishan Chand Vs. Ganganagar Central Cooperative Bank
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: RLW2007(2)Raj1458
Mohammad Rafiq, J.1. Under challenge in this writ petition are the order dated 02nd April, 1993 whereby the penalty of stoppage of three grade increments with cumulative effect was imposed on the petitioner and the consequential order dated 10th November, 1993 passed by the Chairman of the respondent-Bank.2. The facts in brief are that the petitioner was initially appointed on the post of Clerk with the Ganganagar Central Cooperative Bank Limited, Sri Ganganagar (in short the respondent-Bank). He was lastly promoted as Branch Manager in the year 1974. The petitioner was placed under suspension vide order dated 05th April, 1990. The respondent-Bank has adopted Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. A charge-sheet was issued to the petitioner on 02nd April, 1999 for initiating disciplinary proceedings against him. According to the petitioner, he submitted an application to the disciplinary authority on 08th May, 1990 demanding copies of certain documen...
Tag this Judgment!Ashok Kumar and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: RLW2007(2)Raj1019
Mohammad Rafiq, J.1. All the aforesaid 32 writ petitions have been filed with a similar prayer that the notification dated 14th July, 2003 issued by the respondents thereby amending Rule 226 of the Rajasthan Panchayat Raj Rules, 1996 and the advertisement dated 27th July, 2003 inviting applications for appointment on the post of Teacher Gr. III be declared illegal and unconstitutional and quashed and further prayer that the respondents be directed to operate and give effect to the notification/order dated 01st July, 2003 whereby the government decided to give appointment to all those who had appeared in the select panel prepared pursuant to the recruitment process initiated in the year 1998.2. The impugned notification and the advertisement are in fact off-shoot of the judgment of Hon'ble Supreme Court in Kailash Chandra Sharma v. State of Rajasthan and Ors., reported in : [2002]SUPP1SCR317 wherein their Lordships while upholding the judgment of this Court held that the provision made ...
Tag this Judgment!Dharmendra Kataria Vs. Ganganagar Sugar Mills Ltd. and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: RLW2007(3)Raj1892
Mohammad Rafiq, J.1. Aforementioned special appeal and the writ petition have been filed at the instance of one common appellant/petitioner (hereinafter referred to as the appellant) who was removed from service by the respondent Ganganagar Sugar Mills Ltd., Sri Ganganagar (for short 'the respondent') vide order dated 21/26.09.1981. The special appeal has been filed against the judgment dated 27th November, 1995 by which the writ petition of the respondent against the order passed by the Prescribed Authority Under Section 28-A of the Rajasthan Shops and Commercial Establishments Act, l958(for short 'the Act of 1958') declaring removal of the appellant as illegal and directing his reinstatement was allowed. The appellant has also additionally filed the aforesaid writ petition by way of abundant caution challenging the order of his removal dated 21/26.9.1981 directly before this Court-under Article 226 of the Constitution of India. Though the issues raised in the appeal and the writ peti...
Tag this Judgment!Ex. Ptr. Bharta Ram Bishnoi Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: RLW2007(2)Raj1387
Mohammad Rafiq, J.1. The petitioner in the present writ petition has prayed for a writ of mandamus directing the respondents to grant him disability element of pension in terms of Pension Regulations and the Causality Pension Awards Rules and to pay him amount of leave encashment for 135 days together with interest @ 18% per annum.2. The petitioner was enrolled in the Indian Army as an Infantry G.D. Soldier on 07th January, 1988. He upon completion of training was inducted as a Paratrooper and posted to serve at No. 1 Para (SF) during the year 1989. According to the petitioner, at the time of his enrollment he was medically examined and was certified to be in medical category 'AYE' i.e. fit for all duties both in peace and War theaters at all places in India and Abroad. He served in the field as well as in operational areas during his service career till he was discharged from duties in January, 2001. When the petitioner was proceeding from Liemakhong to Ukhrul for an operation alongwi...
Tag this Judgment!Leela Kanwar (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: 2007(1)WLN167
Mohammed Rafiq, J.1. The petitioner has challenged the appointment of respondent No. 6 on the post of Anganwadi Worker and has further prayed that the respondents be directed to make proper selection on the said post as per the guidelines and the rules.2. According to the petitioner, one of the essential eligibility requirements for appointment on the post of Anganwadi worker is that the candidates should be resident of the same village. The petitioner was not only resident of the same village but had passed out secondary examination. The Development Officer directed Bhanwar Lal, Head Master of Government School, Taal was entrusted with the task of holding meeting of the Gram Sabha. When originally the meeting was held there were certain disputes and therefore Sarpanch was directed to convene another meeting of Gram Sabha.3. The respondents have contested the writ petition and denied that she was resident of village Kallagun. Affidavit of mother of Smt. Lata Kanwar (respondent No. 6) h...
Tag this Judgment!Raga Ram Vs. Mst. Kokali and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: 2007(1)WLN279
Prakash Tatia, J.1. This appeal is against the order dt. 06.09.2005 passed by the Motor Accident Claims Tribunal, Bali camp Sumerpur District Pali in Misc. Case No. 35/2003. By this order, the Tribunal dismissed the applicant - appellant's application moved under Order 9 Rule 13, C.P.C. for setting aside of the award dt. 23.11.1998.2. Brief facts of the case are that due to death of one Sika Ram which took place on 08.10.1992, the claim petition was filed by the descendants of said Sika Ram claiming compensation of Rs 7,30,000/-. The appellant and his son has been impleaded as party in the claim petition because of the reason that according to the claimants the appellant was the owner of the vehicle and his son Mohan Lal was the driver. Two other persons Chuna Ram and Deva Ram were also impleaded in the claim petition stating that Deva Ram is also driver sitting with the driver Mohan Lal and Chuna Ram is also owner of the vehicle.3. The Tribunal issued notice of the claim petition whic...
Tag this Judgment!Professor Jeewan Lal Mathur Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: 2007(2)WLN382
Mohammad Rafiq, J.1. The petitioner has filed this writ petition with the prayer that the order passed by the respondents dt. 16.09.2002 whereby the respondents Lachoo Memorial College of Science & Technology (in short 'the College') denied the payment of gratuity and leave encashment to him be quashed and set aside and the respondents be directed to pay him the aforesaid benefits together with interest on delayed payment.2. Shri Kuldeep Mathur, learned Counsel for the petitioner argued that the petitioner was appointed with the said college on the post of lecturer in the year 1965 wherefrom he was relieved by the management committee of the said college on 21.08.1991 on account of his appointment as Chairman of the Rajasthan Board of Secondary Education, Ajmer. The order dt. 31.08.1991 by which he was relieved stated that his lien would be maintained with the college for one year which was extended lastly by order dt. 21.12.1992 whereby it was stated that the lien of the petitioner wo...
Tag this Judgment!Rakesh Kumar Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: 2007(2)WLN496
Mohammad Rafiq, J.1. The petitioner was appointed by the respondents on the post of Teacher Grade-III in Zila Parishad, Udaipur and allotted the Panchayat Samiti, Kotada, District Udaipur. He was required by letter dt. 23.05.1999 to report for duty on or before 01.06.1999.When however he was not allowed to join he went to the office of Vikas Adhikari, Panchayat Samiti, Kotada but he was given an order dt. 15.06.1999 saying that though the Chief Executive Officer of Zila Parishad issued order for appointment of the petitioner but subsequently, instructions have been issued by him that the appointments have been stayed and as such the petitioner was not allowed to join his duty. However, the matter was again examined by the respondents and ultimately, the petitioner was allotted Panchayat Samiti, Kherwara instead of Kotada and the petitioner was asked to join his services by 30.10.1999. In pursuance to the said order, the petitioner went to the office of Vikas Adhikari, Panchayat Samiti,...
Tag this Judgment!Lichhama (Smt.) Vs. Rupa Ram and ors.
Court: Rajasthan
Decided on: Dec-22-2006
Reported in: 2007(2)WLN190
Prakash Tatia, J.1. This appeal is against the judgment and decree dt. 11.04.1996 passed by the learned Addl. District Judge, Nagaur in Civil Misc. Case No. 49/90 by which the trial Court granted decree for divorce in favour of respondent-husband against the appellant-wife.2. Brief facts of the case are that the marriage of the appellant and respondent took place on 27.04.1971 in a small village Nimba-ka-bas. It is alleged that at the time of marriage, the husband was of the age of 13 years and the wife was of the age of 12 years. According to the applicantrespondenthusband, the marriage was never consummated initially because of the tender age of the appellant and the respondent. The appellant for the first time, came in the house of the respondent only in the year 1975, four years after the marriage after attaining age of understanding but at that time the applicant-respondent was sick and, therefore, there was no physical relation established between the appellant and the respondent...
Tag this Judgment!Kundan Singh Vs. Shri Pustimargiya Tritya Peeth Pranayas and ors.
Court: Rajasthan
Decided on: Dec-21-2006
Reported in: RLW2007(3)Raj1851
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. This appeal is against the order of the trial court dated 28.3.2006 passed on an application filed by the plaintiff/appellant under Order 39 Rules 1 and 2 CPC. The trial court dismissed the injunction application filed by the appellant in a case where the appellant filed the suit for specific performance of oral agreement dated 26.6.2005.3. Brief facts of the case are that according to the appellant, the respondent no.1 is a trust and the respondents no.2 to 6 are its trustees. The respondent no.1's agriculture land is having khasra nos.21 to 23, 29 to 31, 37 to 39, 43 and 44. The appellant for the purpose of marble mining operations in the said land sought consent letter of the respondent no.1 trust. The respondent no.1 agreed on 26.6.2005 to give the consent letter for a consideration of total Rs.70 lakhs. According to the appellant, he paid Rs.10 lakhs in cash on 26.6.2005 to the respondent no.2 in the presence of other tr...
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