Court : Patna
..... while the matter was pending consequent to the reorganization of the state of bihar, his services now stood allocated from the erstwhile state of jharkhand to the state of bihar. .....
Tag this Judgment!Court : Patna
radha mohan prasad, j. 1. as in all these writ petitions, grievance of the petitioners relates to pensionary dues and the question involved is common, with consent of the parties, they have been heard together for final disposal.2. in all these writ petitions, petitioners superannuated from the service of the bihar state electricity board, hereinafter referred to as 'b.s.e.b.' before creation of jharkhand state electricity board, hereinafter referred to as 'j.s.e.b.' from the places presently falling in the territorial jurisdiction of jharkhand state electricity board except in the case of petitioners in cwjc nos. 10476 and 10524 of 2002, who superannuated after creation of j.s.e.b., but from the area presently falling in the territorial jurisdiction of the b.s.e.b. all the petitioners are aggrieved, some on account of non-payment of retiral dues at all and some on account of non-payment of arrears of their retiral dues in the revised scale. petitioners of c.w.j.c. no. 10476 and 10524 of 2002 are getting their pension in the revised scale, but, they are aggrieved only on acpount of non-payment of their arrears in the revised scale.3. i consider it useful to quote the date of retirement and place of posting of the petitioners hereinbelow :cwjc no.name of petitionerdate of retirementplace of posting7548/2002s.m. abdul quadir31-01-1995dhanbad9835/2002devendra singh31-05-2000daltanganj10369/2002devendra singh @ devendra31-10-1997buxar10476/2002ram chandra pd. no. 330-11- .....
Tag this Judgment!Court : Patna
ramesh kumar datta, j.1. four interlocutory applications for intervention in support of the petitioners in this case have been filed, namely, i.a.no. 4668/03, i.a, no. 4922/03, i.a.no. 5302/03 and i.a.no. 5540/03. the stand of the applicants is similar to that of the petitioners and they are similarly affected by the inaction / refusal of the state government to appoint them. the prayers for 'intervention' are allowed.2. heard mr. ganesh prasad singh, learned senior, counsel for the petitioners, mr. ram balak mahto, senior counsel, mr. binay kumar, advocates appearing for the intervenor petitioners, learned government advocate no. 10 for the state and mr. s.h.h. quadir, learned counsel for the bihar public service commission.3. the petitioners seek a direction upon the respondents to consider, take a decision and appoint the petitioners by way of promotion on the post of assistant in the secretariat in pursuance of the recommendation made by the bihar public service commission vide letter no. 188 dated 1.3.2002 and further to hold, if need be, that the government's circular issued from the department of finance bearing no. 8826 dated 20.12.2000 will have no application to the petitioners' case.4. the petitioners are employees of the state government and working on the posts of head typist, routine clerk, bill clerk. head clerk, cashier and clerks in the secretariat or in the muffasil offices. except petitioner no. 30 who is in the scale of rs. 3050 - 4590, all the other .....
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Reported in : AIR1969Pat165; 1969(17)BLJR912
b.n. jha, j.1. these three miscellaneous first appeals by the decree-holder, which arise out of three execution cases, are directed against the order of the district judge, purnea, dated july 9, 1963, dismissing the execution cases filed by the appellants.2. proceedings were started sometime before 1951 by the special land acquisition officer. north bihar range, muzaffarpur, for the acquisition of three pieces of land belonging to the decree-holder for the purposes of the assam access road. the lands appertained to touzi no. 30 of the purnea collectorate, situated in village madati. the land acquisition officer determined the compensation payable to the appellant in respect of its lands but it was not satisfied with the valuation made by the said officer. hence it filed three applications under section 18 of the land acquisition act for making reference to the court for the determination of the amount of compensation which gave rise to the three lands acquisition cases nos. 22, 23 and 24 of 1951 of the court of the additional district judge, purnea. the appellant withdrew the compensation money as determined by the land acquisition officer.the additional district judge increased the compensation in respect of the lands of the appellant by his judgment and decree dated may 7, 1954. the state of bihar filed three first appeals; namely, f. a. nos. 358, 360 and 359 of 1954 in the high court against the judgment and decrees passed in the aforesaid three land acquisition cases. .....
Tag this Judgment!Court : Patna
narayan roy, j. 1. heard counsel for the parties.2. the writ petitioners have prayed for issuance of a writ of mandamus commanding upon the respondents to conduct recounselling of the petitioners afresh for scheduled castes/scheduled tribes category seats for their admission in post graduate degree/diploma course in different government medical colleges in the state of bihar according to merit-cum-choice criteria based on merit list of post graduate medical admission test (hereinafter to be referred to as 'pgmat' 2003.3 according to the case of the petitioners, they are permanent residents of the state of jharkhand, but they passed their mbbs examinations from different medical colleges situated in the state of bihar. petitioner nos. 1 to 4 belong to scheduled tribes category and petitioner nos. 5 and 6 belong to scheduled castes category and they have completed rotating internship and they have permanently been registered as medical petitioners from state medical council.4. in the meantime, the bihar combined entrance competitive examination board (hereinafter to be referred to as 'board') advertised for admission in post-graduate degree/diploma course for the academic session 2003-2004 and the petitioners being eligible for admission in the post-graduate/diploma courses applied pursuant to the advertisement for their admission in a prescribed manner under the reserve quota meant for scheduled caste and scheduled tribe category candidates.5. pursuant to the applications of .....
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narayan roy, j. 1. heard counsel for the parties. 2. by this application, the petitioners pray for issuance of direction upon the respondents to promote them to the posts of deputy commissioner of excise, as they are officiating in the posts of deputy commissioner of excise since 1994 and 1995, respectively, and also for a direction to the respondents to pay salary and other allowance to them treating them as in regular cadre of deputy commissioner of excise from the date of notification, whereby and whereunder they were made incharge deputy commissioners of excise. 3. learned counsel appearing on behalf of the petitioners submitted that the petitioners were promoted on substantive basis on the posts of assistant commissioner of excise vide notification nos. 2806 dated 5-6-1999 and 255 dated. 3-7-1995, respectively, and thereafter they were made incharge deputy commissioners of excise and they are functioning on the posts on officiating basis till date. it is further submitted that though the petitioners became eligible for consideration of their promotion to the posts of deputy commissioner of excise, their cases are not being considered for the same. alternatively, it is also argued by learned counsel appearing on behalf of the petitioners that since the petitioners are officiating on the posts of deputy commissioner of excise, they would be entitled to get the salary and other allowance, which are payable to deputy commissioner of excise from the date of their officiation .....
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mridula mishra, j.1. the petitioners in both writ applications are holding the post of inspectors (n) in the special (branch of bihar police. they have challenged the decision of the central government to allocate their services to the state of jharkhand on recommendation of the state advisory committee. the impugned orders have been challenged by the petitioners on the ground that the post (of inspector (m) with the special branch is not state level post, as such petitioners are not liable to be allocated to jharkhand state for the specific reason that the exercise of cadre division between two states is confined only to state level posts petitioners have also challenged the opinion of the advocate general, bihar, based on which the advisory committee, recommended for allocation of their cadre to the state of jharkhand. the petitioners in c.w.j.c. no. 12848 of 2006 have prayed for quashing order no. 75 (b) dated 12.9.2006 and order no. 75 (jh) of central government, dated 12th september, 2006 whereas petitioners in c.w.j.c. no. 9115 of 2006 have prayed for quashing letter no. 1591 dated 18.9.2002 and order dated 24.12.2005.2. all four petitioners were appointed as typist assistant sub-inspector (m) on different dates and thereafter promoted to the post of sub-inspector (m) vide order of the deputy inspector general of police/ special branch, bihar, patna.3. petitioners' case is that prior to 1.4.1970 subordinate cadre was existing in the special branch and the members of .....
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ravi s. dhavan, c.j. 1. these proceedings are preliminary in nature and upon having heard learned counsel for the parties, on consent by all of them no aspect of the merits of the claim of any party is decided. but certain preliminary questions have arisen and these must be answered. 2. these preliminary questions are : the aspect which gave occasion to these issues is an order, which had been passed on may 16, 2000, by the judge in c. w. j. c. no. 5510 of 2000 that regard being had in the circumstances that a company petition no. 2 of 1996 (r) for winding up of kumardhubi metal casting and engineering ltd., p. o. kumardhubi, district dhanbad, is pending. in the circumstances all other matters relating to the recovery of debts of the creditor, including proceedings arising out of or challenging the order of the tribunal under the recovery ofdebts due to banks and financial institutions act, 1993, be transferred to the bench of the patna high court at ranchi. the order of the judge, aforesaid, is reproduced below : 'heard learned counsel for the petitioner and the bank. learned counsel for the bank submits that company petition no. 2 of 1996 (r) for winding up of respondent no. 4 is pending before the company judge of the ranchi bench of this court. the two are interconnected and have a good deal in common. in order to avoid conflicting decisions/ orders, let this case be placed before the judge at the ranchi bench, who has been assigned the original company jurisdiction, .....
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s.k. katriar and kishore k. mandal, jj.1. the appellants are aggrieved by the order dated 18.10.2006 passed, by a learned single judge of this court, in c.w.j.c. no. 3736 of 2006 vinod kumar singh v. the chancellor, the university of bihar and ors., whereby the writ petition at the instance of respondent no. 1 herein has been allowed, and the bihar state university (constituent colleges) service commission (hereinafter referred to as 'the commission'), has been directed to prepare a fresh list of 122 candidates, who had earlier been recommended for appointment on various teaching assignments in the three universities which now fall in the present state of jharkhand, for appointment to the various universities which now fall within the present state of bihar the two appeals arise out of a common order, raise common issues, and are, therefore, being disposed of by a common order. we shall draw the basic facts from the writ proceedings, except by reference to the two appeals.2. the basis facts essential for the disposal of the appeals are not in dispute and may be briefly indicated. the then bihar state university (constituent colleges) service commission (hereinafter referred to as the commission), was charged with the duty of advertising the vacancies of teaching assignments in the various universities governed by the bihar state universities act 1976, and the patna university act 1976. the commission had issued advertisement no. 2/1997 which had appeared in the local dailies .....
Tag this Judgment!Court : Patna
1. after having heard learned counsels appearing for the parties and considering the facts and circumstances, as well as, the relevant proposition of law and the case relied on by learned counsel for the appellants, we are of the opinion, that the appeal is meritless and deserves to be dismissed at the threshold on the following grounds. therefore, let there be a few material relevant facts with a view to examine the merits of the issue involved in this letters patent appeal under clause 10 of the letters patent against the order of the learned single judge dated 23.8.2005 in c.w.j.c. no. 11776 of 2004:(i) petitioner no. 1- association has challenged the notification of the state government dated 1.9.2004, whereby and whereunder, certain post of flying squad came to be abolished, a copy of the order is produced at annexure 2.(ii) it was questioned before the learned single judge. the learned single judge dismissed the writ petition. therefore, this letters patent appeal against the impugned order of the learned single judge.2. the main contention of learned counsel for the appellants mr. siya ram shahi has been that:(a) the abolition of permanent post is contrary to the provision of law, particularly, article 309 of the constitution of india,(b) for that he has further submitted that the decision was taken by the secretary and not by the government, and(c) that the provisions of section 73 read with section 72 of the bihar reorganisation act, 2000 have not be observed.3. we .....
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