Court : Allahabad
Decided on : Jan-02-2003
Reported in : 2003(1)AWC520
ORDERM. Katju, J.1. Heard learned counsel for the petitioner.2. The petitioner has prayed for a mandamus directing the respondents not to relieve the petitioner from her present place of posting at State Ayurvedic College and Hospital, Atarra.3. It appears that petitioner was appointed by order dated 16.6.1988 as Medical Officer, at Government Ayurvedic Hospital, Talbeahat, Lalitpur. In the year 1990, the petitioner was attached with State Ayurvedic College, Varanasi and was deputed for teaching job vide Annexures-2 and 3 to the writ petition. It is alleged in paragraph 6 of the petition that since then the petitioner is doing teaching job in the college.4. In our opinion, the petitioner has no lien or right to hold the post in the State Ayurvedic College, Varanasi, as she was only attached to that college and hence, she was purely on deputation there. It is settled law that a deputationist has no right to hold the post to which he or she is sent on deputation, vide JT 2000 (6) 574, JT...
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC521; [2003(96)FLR414]
M. Katju and Prakash Krishna, JJ.1. Heard learned counsel for the petitioner.2. The petitioner is challenging the Impugned order of the Central Administrative Tribunal dated 6.9.2002. The respondent No. 2 is the widow of late Dinesh Kumar who was appointed as temporary labour (Khalasi) on 3.2.1987. He was absent from service from 19.4.1994 to 21.2.1995 and was charge-sheeted and removed from service with effect from 14.6.1996. Subsequently he died. His widow filed an O.A. before the Tribunal. The Tribunal has held that the enquiry was illegal as the enquiry was ex parte and no enquiry report was sent to the applicant.3. These are findings of fact and hence we cannot interfere in writ jurisdiction. Moreover, apart from merits of the case, we are not inclined to exercise our discretion under Article 226 of the Constitution since the respondent No. 2 is a widow and she has been granted pension and other benefits by the Tribunal. Hence, we are not exercising our equity jurisdiction under A...
Tag this Judgment!Court : Allahabad
Decided on : Jan-08-2003
Reported in : 2003(1)AWC546
ORDERM. Katju and Prakash Krishna, JJ.1. Heard learned counsel for the parties.2. The petitioner was granted a lease from 1998 to 2001. It is alleged in para 5 of the writ petition that the petitioner was not allowed to excavate the sand for the period of the lease. The petitioner made several representations to the District Magistrate, copies of which are Annexure-3 to the writ petition, but to no avail. The petitioner filed an appeal but that has been rejected stating that the appeal was not against any order vide Annexure-5 to the writ petition.3. In our opinion, when the period of a lease has expired, the lessee cannot claim extension of the period of the lease on the ground that he was not permitted to operate the lease for the whole or part of the lease period vide Writ Petition No. 13638 of 1993, Jata Shanker Pandey v. Collector, decided on 5.10.1993 by a Division Bench of this Court. In these circumstances, the petitioner can only file an application claiming for refund of the ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-2003
Reported in : 2003(1)AWC793
..... land and abadi sites covered by rules 173 to 177 and rules 155l to 115r, respectively ; and(ii) cases in which the state government issues direction under section 126 of the act read with rules 115a and 115b ; provided further that in the case of perennial tanks of three or more acres in area, the land management committee may, ..... or more than one fisherman residing within the circle of the gaon sabha or in favour of a cooperative society of such fishermen registered under the co-operative societies act, 1912 (act no. 2 of 1912) and registered place whereof situate within such circle.'8. in this connection, a recent government order issued on 8.3.2000 (sankhya-765 ..... healthy standards and norms.6. thus, it is well-settled by catena of decisions that while entering into contracts or granting other form of largess, the government cannot act arbitrarily at its sweet-will and it cannot choose to deal with any person as it pleases. an open auction guarantees fairness as everyone gets a chance to .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2003
Reported in : 2003(2)AWC1385
..... bhang under medical advice and carried it with him where he had to go to the district in which prohibition was imposed and there he was convicted under section 60 of the excise act, he had no motive leading to the crime. the judgment was upheld holding that the court has to examine the circumstances under which an offence was ..... had filed an application to the post of pradhan of gaon panchayat. his application was rejected on the ground that he was convicted in an offence under section 60 of u. p. excise act. his nomination paper was rejected. the election petition filed by him was allowed and it was held that where the respondent belonging to a district where ..... , the court relying upon the observation made in mangali v. chhakki lal and ors., air 1963 all 527, held that the conviction under sections 3 and 8 of u. p. prevention of cow slaughter act does not involve moral turpitude so as to disqualify a person to hold the office of pradhan because the element of wickedness or debasement of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC526b; (2003)IILLJ428All
M. Katju, J. 1. By means of this writ petition the petitioner has challenged the impugned order dated 10.3.1999, Annexure-2 to the writ petition by which he has been removed from service. 2. Heard learned counsel for the parties. 3. It appears that the petitioner was Branch Manager of the Muzaffarnagar District Cooperative Bank Ltd. He was suspended by order dated 2.7.1997 vide Annexure-3 and he was given a charge-sheet dated 22.8.1997 vide Annexure-4 to the writ petition. In this charge-sheet, various allegations of financial irregularities, embezzlement and fraud have been made against the petitioner. The petitioner submitted a reply denying the charges vide Annexure-5 to the writ petition. It is alleged in paragraph 6 of the writ petition that no enquiry was held, instead the petitioner was issued a show cause notice dated 24.7.1998 to which he gave a reply dated 8.8.1998 vide Annexures-6 and 7 to the writ petition. 4. In paragraph 10 of the writ petition, it is stated that the peti...
Tag this Judgment!Court : Allahabad
Decided on : Jan-14-2003
Reported in : 2003(1)AWC797
ORDERAnjani Kumar, J.1. The petitioner, by means of present writ petition under Article 226 of the Constitution of India, challenges the order passed by the respondent No. 2, dated 7th October, 2002, copy whereof has been annexed as Annexure-4 to the writ petition.2. The facts in brief are that the petitioner, who has been appointed as Sub-Inspector of Police in February, 1982, according to the allegations made in the writ petition, since then is performing his duties with hard labour, great honesty and to the satisfaction of the higher authorities. The petitioner thereafter was working on deputation with the U. P. Power Corporation and according to him he ought to have been considered for promotion to the post of Inspector in terms of the relevant G.O. and Police Regulations. Petitioner has made representation to the higher authority when his name was not forwarded for consideration to the post of Inspector, but the same was rejected by the order dated 7th October, 2002, which is impu...
Tag this Judgment!Court : Allahabad
Decided on : Dec-16-2003
Reported in : 2004(2)AWC1242
M. Katju and Umeshwar Pandey, JJ.1. This writ petition has been filed against the impugned order of the U.P. Public Service Tribunal dated 3.3.1993 (Annexure-6 to the writ petition).2. Heard learned counsel for the parties.3. The respondent No. 1 had worked on purely temporary and ad hoc basis as routine grade clerk in the District Election Office. Ballia from 10.3.1980 to 30.6.1980 and thereafter he again worked in short term arrangement as routine grade clerk from 21.8.1981 to 31.8.1981, and then from 3.9.1981 to 30.9.1981, The respondent No. 1 worked during this period on a purely ad hoc, casual and temporary basis and not after any regular selection. Thereafter the respondent No. 1 worked from 4.3.1982 to 31.10.1982 on purely temporary basis and again from 6.2.1985 to 31.3.1985. All these appointments were on short term, ad hoc basis for the purpose of elections which were held from time to time.4. As stated in paragraph 5 of the respondent's own claim petition before the U.P. Publ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-2003
Reported in : 2004(2)AWC1742
..... any of the provision of the statute. the court must look to the object, which the statute seeks to achieve while interpreting the provisions of the act/rules/ regulations. a purposive approach for interpreting the provision is necessary.47. it is also settled principle of interpretation of law that any interpretation, which ..... case falls within the scope of the relevant statutory provisions and that the appellant corporation being a statutory corporation is bound by the life insurance corporation act as well as the statutory regulations and instructions and cannot put aside the same and order compassionate appointment. the supreme court has further pointed out that ..... for nearly twenty years, the family has pulled on apparently without any difficulty and that in this background the tribunal must be held to have acted illegally and without jurisdiction in directing the authorities to consider the case of the respondent for appointment on compassionate ground and to give him appointment if .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-2003
Reported in : 2003(1)AWC784
..... her date of birth is recorded as 1,7.1934, she made an application for correction of the entry in the kutumb registrar maintained under the u. p. panchayat raj act in the village of her husband. after enquiry the a.d.o., panchayat corrected the entry in the kutumb register vide order dated 30.6.1992 correcting date of birth .....
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