Court : Allahabad
Decided on : Jan-16-2003
Reported in : 2003(1)AWC544; [2003(96)FLR646]
M. Katju, J.1. This writ petition has been filed against the impugned order dated 26.9.2001, Annexure-1 to the writ petition and for a mandamus directing the respondents to promote the petitioner to the post of Deputy Director of Agriculture. 2. Heard learned counsel for the parties. 3. The petitioner was selected and appointed as Assistant Agriculture Engineer on 26.6.1972 vide appointment order dated 1.8.1972, Annexure-2 to the writ petition. It is alleged in Para 4 of the writ petition that the work and conduct of the petitioner since the date of his appointment has always been appreciated by his superiors and no adverse entry was ever awarded to him. The petitioner completed over 29 years as class II employee in the department. In para 6 of the writ petition it is stated that the petitioner was the senior-most person in his cadre as would be evident from the tentative seniority list prepared by the department on 22.5.2001 wherein the name of petitioner finds place at serial No. 1. ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-16-2003
Reported in : 2003(1)AWC790
M. Katju, J. 1. This writ petition has been filed for a writ of certiorari to quash the impugned demand notice dated 30.11.1988 copy of which is Annexure-5 to the writ petition and for a mandamus directing the respondents not to recover any amount towards excess transport wastage on rectified spirit in pursuance of the order of the U. P. Excise Commissioner dated 30.11.1988. 2. We have heard learned counsel for the parties. 3. The petitioner is a Company, which was granted a licence in Form P.D. 2 for manufacture of industrial and potable alcohol as also rectifiedspirit. The Excise Commissioner, U. P., issued a permit for supply of rectified spirit to the State Trading Corporation of India, Chanderlok, New Delhi, to the extent of 50 Lakhs bulk litres. The said amount of rectified spirit was to be supplied in conformity with I.S.I. specifications and the same was not to be below the strength of 66.0 degree O.P. The consignment was to be routed through the Bonded Warehouses, Budge Budge,...
Tag this Judgment!Court : Allahabad
Decided on : Mar-05-2003
Reported in : 2003(3)AWC1931b
..... , which has already been taken by the authorities mentioned therein by action filing the appeals. it has already been noticed that the registrar under section 21 of the punjab university act, 1947, is authorized to represent the university in all legal proceedings, except where there is a decision of the senate to the contrary. while ..... representing the university, in view of the provisions under section 21 of the punjab university act, the registrar would obviously be taking several steps in prosecution of the legal proceedings. the registrar would not be totally a stranger in the ..... marathwada university's case (supra).a perusal of the said decision of the apex court in punjab university's case (supra), shows that under section 21 of the punjab university act, 1947, the registrar of the university had power to represent the university in all legal proceedings. however, the decision to initiate any legal .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-18-2003
Reported in : 2003(3)AWC2481; (2003)2UPLBEC1249
..... the present case since the power to make admission has been given to post graduate medical board under the ordinances framed under section 18 of the act. as noted above, section 18(1)(a) of the act provides that ordinances may provide for admission of students to the university. there is no dispute that ordinances have been framed in ..... exercise of the said power under section 18 of the act which also provide for admission in m.d./m.s. courses. ordinances framed for admission to m.d./m.s. courses empower the post graduate ..... in reply to the said submission, learned counsel for the university has referred to section 18 of the banaras hindu university act, 1915 (hereinafter referred to as act). section 18(1)(a) of the act is quoted below :'18 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC739; (2003)1UPLBEC749
..... chand gupta and anr. 2000 (10) scc 115, the supreme court has held that where termination of respondent's services declared invalid being violative of section 25f of the industrial dispute act, 1947 and keeping in view that the case dragged on for 33 years but neither of the contesting parties were at fault. the delay was due ..... provided by rules, like rule 55 referred to above, was bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935, so as to give a statutory protection to the government servants and has now been incorporated in article 311(2) so as to ..... that departmental authorities and administrative tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the indian evidence act. for this proposition it is not necessary to cite decisions nor text books, although we have been taken through case law and other authorities by counsel on .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-16-2003
Reported in : 2003(1)AWC787
M. Katju and Prakash Krishna, JJ.1. The present writ petition has been filed for a writ, order or direction commanding the respondents to forthwith consider the petitioner for promotion as Assistant Regional Transport Officer against vacancies of the year 1999-2000 and to permit the petitioner to function as Assistant Regional Transport Officer and to pay him salary accordingly. 2. On 13.5.1981, the petitioner was appointed as Assistant Regional Transport Inspector (Technical) and was given ad hoc promotion on 1.1.1988 as Regional Inspector (Technical). By the order dated 27.4.1995, the Transport Commissioner granted promotion to the petitioner as Regional Inspector (Technical) without making any reference to the U. P. Public Service Commission. The aforesaid promotion was granted to the petitioner when the U. P. Public Service Commission(Limitation and Function) (13th Amendment) Regulation, 1994, was in force. The promotions in pursuance of the said amended Regulation of 1994 were exc...
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2003
Reported in : AIR2003All238; 2003(1)AWC775
..... the district magistrate and the commissioner are wholly illegal and without jurisdiction. they are also contrary to the rules. it was also submitted that the district magistrate acting in excess of his jurisdiction illegally, without giving any notice to the petitioner, cancelled the lease of the petitioner by his order dated 4.9.1997 before ..... petitioner, realization of the aforesaid amount was stayed by commissioner. the appeal filed by the petitioner was pending disposal before the commissioner but the district magistrate acting wholly illegally by means of order dated 4.9.1997, cancelled the mining lease granted in favour of the petitioner on the ground that he has failed ..... dated 15.7.1997, 4.9.1997, passed by the district magistrate, meerut and the order dated 30.3.1998, passed by the commissioner, meerut division, meerut, acting as the appellate authority under the u. p. minor minerals (concession) rules, 1963 (for short 'the rules'). prayers for a direction in the nature of mandamus .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-2003
Reported in : AIR2003All371
..... a day not later than 90 days from the date of service of summons. this provision has been made inapplicable to pending suits by virtue of the provisions of section 15-b of act 22 of 2002. the scheme of the amended provisions which has been discussed above indicates that in the matter of time for filing the written statement the amended ..... provides that rules 1, 2, 6, 7, 9, 9-a, 19-a, 21, 24 and 25 of order v as amended would not apply to pending suits. similarly section 15(b)(iv) of act 22 of 2002 provides that order viii, rules 1, 1-a, 8-a, 9 and 10 as amended shall not apply to written statement filed before commencement of ..... . qadeer, learned counsel for the applicant submitted that the amendments made are in respect of procedure and hence would operate retrospectively to pending suits. sections 15 and 16 of the amending act 22 of 2002 and section 32 of act no. 46 of 1999 he submits, specify the provisions in respect of which the amendment shall not apply and as order 8, rule 1 .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-2003
Reported in : 2004(1)AWC595; (2004)1UPLBEC404
..... petition. the aforesaid report contains detailed facts with regard to petitioner. the fact that the petitioner has been acquitted in both the criminal cases lodged under sections 380 and 409, i.p.c. was also noted. it was also noted in the letter that the petitioner has submitted a written application on 12 ..... appointment. submission is that the fresh appointment has been made on consideration of all relevant facts and by sympathetically considering the request of the petitioner, government acted on the representation of the petitioner that he will accept the decision of the government regarding past services as well as regarding joining with current date. ..... earlier services. in view of peculiar facts of the case and specially when the authorities were themselves considering the representation of the petitioner and have positively acted on the representation, the petitioner cannot be held to be precluded from filing this writ petition after the letter dated 21.1.1992. the question whether .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC662
..... in favour of the workman vide its award dated 2.6.2000, impugned to this writ petition, which was enforced by publication on 5.12.2000 under section 6a of the u. p. industrial disputes act. against the impugned award this writ petition has been filed. the impugned award has been challenged, inter alia, on the ground that the labour court has .....
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