Court : Jharkhand
..... has placed reliance upon the decision of the hon'ble supreme court of india in arjun singh rathore & ors. vs. b.n. chaturvedi & ors., reported in (2007) 11 scc605 wherein law has been laid down as under:- 5. mr. calla, the learned senior counsel for the appellants has argued that the matter was fully covered ..... the conditions of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe- ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr. counsel .....
Tag this Judgment!Court : Jharkhand
..... has placed reliance upon the decision of the hon'ble supreme court of india in arjun singh rathore & ors. vs. b.n. chaturvedi & ors., reported in (2007) 11 scc605 wherein law has been laid down as under:- 5. mr. calla, the learned senior counsel for the appellants has argued that the matter was fully covered ..... the conditions of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe- ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr. counsel .....
Tag this Judgment!Court : Jharkhand
..... has placed reliance upon the decision of the hon'ble supreme court of india in arjun singh rathore & ors. vs. b.n. chaturvedi & ors., reported in (2007) 11 scc605 wherein law has been laid down as under:- 5. mr. calla, the learned senior counsel for the appellants has argued that the matter was fully covered ..... the conditions of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe- ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr. counsel .....
Tag this Judgment!Court : Jharkhand
..... syndicate for consideration of the drafts statutes within 10 days of receipt of the said draft. the chancellor shall then give his assents to the statutes with such amendments as may deem necessary in the light of the opinion of the syndicate. the statutes shall be deemed to have come into force in the university from the ..... adopting a discriminatory and dual policy in case of the petitioner.8. learned counsel for the respondent-jpsc during course of hearing has referred to the decision reported in (2007) 8 scc100in the case of union of india and others-versus-s. vinod kumar and others, paragraph 18 as well as on the decision reported in 2006 scc ..... through all india advertisement by the jharkhand public service commission. the said statute has been framed in exercise of powers under section 36 of the jharkhand state 5 universities act, 2000 and has the approval of his excellency the chancellor of universities, jharkhand. clause 1.1.1 (d) of the said statute lays down the qualification and .....
Tag this Judgment!Court : Jharkhand
..... different age of superannuation for the teaching staff and non-teaching staff is not only legal, but is also within the legislative competence to make necessary amendments in jharkhand state universities act, 2000 and such action is neither unreasonable nor arbitrary. the teaching and non-teaching staff invariably hold two different types of service. therefore, the ..... the hon'ble apex court in the case of b. bharat kumar and others vs. osmania university and others and with batch of cases reported in (2007) 11 scc58has been pleased to hold that the retirement/superannuation of teaching staff of the university is a policy decision which the court ought not to take ..... counsel for the university has also referred to decision of the hon'ble apex court reported in (2007) 11 scc58and also (2013) 8 scc633 learned counsel further submits that the teacher is defined under section 2 (xxviii) of the act under which a person is a teacher who imparts education and do academic activities. moreover, the .....
Tag this Judgment!Court : Jharkhand
..... part of the respondents cannot be supported by the provisions of rule 21 of 2002 rule. learned counsel has emphasized that the state government had the power to amend the rule itself. however, having not exercised that power, the same result cannot be obtained through an executive instruction like the impugned letter. therefore, the ..... the executive under article 309 of the constitution of india. this rule had been framed without touching, altering or amending the existing rule framed by the 12 state government under section 39 of the fire force act,1964 which prescribed the qualifying examination as a condition precedent for promotion. in this context the hon'ble supreme ..... also been placed on the judgment rendered by 7 the hon'ble supreme court in the case punjab water supply & sewerage board versus ranjodh singh & ors. reported in (2007) 2 scc491 para 19 thereof. he has also relied upon the judgment rendered by hon'ble supreme court in madeva upendra sinai & ors. versus union of india & .....
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..... 83 of the code was issued prior to the filing of this writ application but the petitioner had suppressed the material facts and subsequently filed an interlocutory application for amendment in the prayer portion and since the petitioner has suppressed the material facts from this court, they are not entitled to any relief.6. having heard the counsels ..... 73 of the code as well as the mandates given by the hon ble supreme court in the case indra mohan goswami & anr. vs. state of uttranchal & ors.; (2007) 12 scc1 it was also submitted that without recording any satisfaction or without following the mandates of section 82 of the code on the very next date, the court below ..... fulfilled, they will postpone the marriage. whereafter the aforesaid case was lodged under section 420 of the indian penal code and also under sections 3/4 of dowry prohibition act.3. it appears from the order sheet of the aforesaid case that after institution of the case on 7.11.2014, the case was fixed for 12.02.2015 .....
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..... that too, before completion of the tender process declare and decide the representation preferred by the petitioner before the appropriate authority (respondent nos.2 &3) seeking amendment in the recently floated global tender e- global tender notice no. pur/53/112137(12-13) mine slope stability monitoring radar/global/116, dated 24-01- ..... the administration and lead to increased and unbudgeted expenditure........... 10. the hon'ble supreme court in jagdish mandal vrs. state of orissa and others reported in (2007) 14 scc517has held that- 8 therefore, a court before interfering in tender or contractual matters in exercise of power of judicial review, should pose to itself ..... someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached ; (ii) whether public interest is affected. if the answers are in the negative, there .....
Tag this Judgment!Court : Jharkhand
..... must be maintained as otherwise chaos would be 6 created. if distance education of such a nature is to be encouraged, the only course would be to suitably amend the provisions of the act. 16. in the case of indian charge chrome ltd. vs. union of india, reported in (2003) 2 scc533 the hon'ble supreme court has held ..... called for the revenue records from the circle officer, chatra to examine the correctness of the same, which is completely lawful and the impugned order dated 31.01.2007 passed by the sub-divisional officer, chatra needs no interference by this court.8. after hearing the learned counsels for the parties and going through the relevant documents ..... the record of the case from the office of the circle officer, chatra and assuming the jurisdiction of a revisional authority, passed the impugned order dated 31.01.2007 setting aside the order passed by the land reforms deputy collector, chatra and circle officer, chatra with a direction that the zamabandi of the concerned land should be .....
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..... out above, the tribunal has partly allowed the oa of the respondent primarily on the ground that the decision contained in the government order dated 23.04.2010 amends the promotion policy retrospectively thereby taking away the rights already accrued to the respondent in terms of the earlier policy. it is also mentioned that the revised policy ..... prospective effect as there is no retrospective indentment either expressly or implicitly made out from the language of the rule. it has been painstakingly argued that that the amended rules fundamentally changed the applicant s prospects of promotion. however, what is ignored is that promotion already granted to the petitioner have not been taken away. in ..... away the vested right. as regards the right to seniority, this court elaborately considered the incidence of the right to seniority and amendment of the act in the latest decision in ashok kumar gupta v. state of u.p. [1977(5) scc201, reliving the need to reiterate all of them once over. .....
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