Court : Jharkhand
Reported in : [2006(2)JCR404(Jhr)]
..... of 58 years after 26th october, 2004 continued in the services of state of jharkhand rule 73 having been amended. in the meantime, the central government issued different notifications under section 72(2) of the bihar reorganisation act, 2000, finally allocating the services to one or other employees under one or other successor state including those who ..... of brahmadeo prasad yadav on the ground that the advisory committed recommended his name for allotment under the state of bihar where age of superannuation has not been amended and was 58 years. the high court held such action as illegal and ordered to reinstate brahmadeo prasad yadav. 13. every institution is bound to frame and ..... were posted in the state of jharkhand and have attained the age of 58 years between 26th october, 2004 and 23rd march, 2005, get the benefit of amended rule 73 of state of jharkhand since 26th october, 2004, having been allocated to the state of bihar, were treated as superannuated on the day of attaining the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR1559; [2005(3)JCR448(Jhr)]
..... in order to cause harassment. it is not possible to give strict interpretation to rules 6 and 7 otherwise the very object of the constitution (fifty second amendment) act by which the tenth schedule was added would be defeated. a defaulting legislator, who has otherwise incurred the disqualification under paragraph 2, would be able to ..... that the action of the respondent no. 4 also attracted the provisions of article 164(1b) of the constitution which had been introduced by the 'constitution (91st amendment) act, 2003 which disqualified him to be appointed as a minister.11. mr. anand submitted that by not disposing of the complaint made on behalf of the jharkhand ..... no. 4 as a member of the jharkhand assembly on account of the provisions of the xth schedule which had been introduced in the constitution by the 52nd amendment. mr. anand submitted that in such a situation, the intervention of the court had become necessary, so that the constitutional provisions were not rendered ineffective.12 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2487; [2008(118)FLR1063]; [2009(1)JCR670(Jhr)]; (2009)ILLJ163Jhar
..... employment, this court while laying down the law, has necessarily to hold that unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. if it is a contractual appointment, the appointment comes to an end at the ..... automatic regularization of their services. similar view has been taken in the case of post master general, koklata and ors. v. tutu das (dutta) reported in : (2007)iiillj163sc . more so, where no regular posts are created or no vacancies to sanctioned posts exists, only on the ground of working for more than 240 days, regularization ..... laheria serai, darbhanga, in retrenching shri govind kumar choudhary who urns working as a casual typist, arbitrarily and in violation of section 25f of the industrial disputes act, and denying reinstatement with full back wage is legal and justified if not to what relief the concerned workman is entitled to?the industrial tribunal no. 1, .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR1763; 2009LC(JH)326
..... of energy, the loss caused to the board was provisionally assessed to the tune of rs. 15,39,000/- and, under the amended provisions of section 135(1-a) of the electricity act, 2003, an f.i.r. was instituted against the petitioner and the electric supply of the petitioner was disconnected. learned counsel explains ..... of the inspecting team of the respondent-board against the petitioner are totally erroneous and misconceived.referring to the amended provisions of the electricity act, 2003, learned counsel submits that the provisions of section 126 of the act deals with circumstances where consumer is accused of committing theft of electricity. learned counsel explains that under the ..... had sent the provisional bill by speed-post to the petitioner. the provisional bill indicates that the calculations have been made for 12 months, namely from november, 2007 to october, 2008, although admittedly for the first time a sim card and the modem was installed in the meter on 18.10.2008 and therefore only .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR20(Jhr)]
..... alters the law. section 84 is to provide for the interregnum between the reorganization of the state and the time by which the legislature of such state suitably amend, alter or modify such laws. such provision has been made with an objective to keep alive the laws and regulations in the territories of successor state.9. ..... may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or ..... until otherwise provided by 'a competent legislature' or the 'competent authority', but the power of adoption of laws with amendment has been delegated to both the successor states of bihar and jharkhand under section 35 of the bihar reorganisation act, 2000.10. for example, a law which requires no modification, may be allowed to continue by the successor .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(2)JCR455(Jhr)]
..... to be 58 years in the successor state of bihar till successor state of bihar amended rule 73 and enhanced the age of superannuation from 58 years to 60 years by resolution no. 3a-7-maha-01/2005-1500 b(2) dated 23rd march, 2005.3 ..... service code, 1952. the said code was adopted by the state of jharkhand by notification no. 3/m-7-0/2001-3821/ranchi dated 19th october, 2001 and was subsequently amended by resolution no. 7/bbp-56/2002-ka-5826/ranchi dated 26th october. 2004. age of superannuation was enhanced from 58 to 60 years. on the other hand, it continued ..... issued order no. 3(jha)/2005 dated 17th february, 2005 under section 72(2) of the bihar reorganisation act, 2000 and allocated his service under the state of bihar. the appellant challenged the said order in the writ petition by filing a petition for amendment (la. no. 800 of 2005).the case was taken up by learned single judge on 29th march .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR330(Jhr)]
..... schools to the teachers is reproduced herein below:dear teachers,rev. fr. provincial, the president of the governing body, has given the permission to make suitable amendment to our by-laws as the present by-laws are not comprehensive enough-though they arc all quite 'reasonable'- the governing body will elaborate them on ..... which also prescribed the date of retirement as 58 years.16. as noticed above, school is creation of a society registered under the society's registration act. it is an unaided school, meaning thereby that the government provides no financial assistance. it has its own bye-laws regulating its functioning. the jural relationship ..... of age. though the school was run by a registered society, however, all recognized schools whether aided or otherwise were governed and regulated by delhi education act, 1973 and the delhi education rules, 1973 while considering the question of maintainability of writ petition, the hon'ble supreme court observed as under:the recognised .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR331(Jhr)]
..... to the constitution and laws.34. mr. pradip ghosh, learned senior advocate for the respondent no. 4, while .supporting mr. mukherjee's submissions, submitted that with the amendment of the coalmines (nationalisation) act, 1973 by the coalmines (nationalisation) amendment act, 1993 the central govt. had acquired a right to exploit coalmines for power generation amongst other objects. mr. ghosh submitted that under the 1973 ..... government for defraying the costs of the acquisition proceedings and had also offered a rehabilitation package to the affected people. mr. mukherjee submitted that the coal mines (nationalisation) act, 1973 was duly amended so as to permit the mining of coal for generation of power amongst other objects. the allotment of captive mine in the pachwara central block to m/s. panem .....
Tag this Judgment!Court : Jharkhand
Reported in : 2006(1)BLJR99; [2006(1)JCR110(Jhr)]
..... the constitution. it was submitted that after promulgation of bihar reservation of vacancies in posts (for scheduled castes, scheduled tribes and other backward classes) (amendment) act, 2003 (hereinafter referred to as the act, 2003), petitioners being s.t. of the state of jharkhand, will not be treated as s.t. for the successor state of bihar. ..... at the time of allocation of cadre/state, power has been vested with the central government under section 72 read with section 75 of the re-organisation act. 2000. the central government initially issued guidelines by letter dated 13th september, 2000 for allocation of posts in the successor state of bihar and jharkhand, ..... state.6. though such submission seems to be attractive but it cannot be accepted in view of specific provisions made under section 73 of the re-organisation act 2000. reservation in the matter of appointmcnt, including the promotion being conditions of service: a person derives such benefit and claim under article 16(4) and .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(1)BLJR298; [2005(105)FLR200]; [2005(1)JCR411(Jhr)]
..... a) he has completed his sixteenth year;'for proper appreciation, it is also relevant to quote the post- amended, section 40 of the mines act, 1952 :'40. employment of persons below eighteen years of age.-(1) after the commencement of the mines (amendment) act, 1983, no person below eighteen years of age shall be allowed to work in any mine or par ..... thereof.'13. the petitioner was appointed on 20th, october, 1962 i.e. 22 years prior to amendment of section 40 of the mines act. therefore, the respondents can not presume that he was appointed at the age of 18 years and thereby they can not push back his date of ..... the petitioners of those cases were appointed below the age of 18 years, which was alleged to be not permissible according to the mines act, 1952. having noticed that the amendment of section 40 of the mines act, came into force much later and that the petitioner were appointed prior to the same, division bench held that after lapse of a .....
Tag this Judgment!