Court : Punjab and Haryana
Decided on : Jan-14-2003
Reported in : (2003)IILLJ709P& H; (2003)133PLR483
S.S. Nijjar, J.1. In this writ petition under Articles 226/227 of the Constitution of India, a prayer has been made for the issuance of a writ in the nature of Certiorari quashing the order dated 12.3.2001 passed by respondent no.2, Executive Engineer, Concrete Production Division, Ranjit Sagar Dam, Shahpur Kandi, Tehsil Pathankot, District Gurdaspur directing the recovery of a sum of Rs. 1,33,553.00 on account of inadvertent grant of retrenchee increment in the year 1987. The petitioner also seeks a further direction for the issuance of a writ in the nature of Mandamus directing the respondents to release the monetary benefits in the sum of Rs. 94,934.00 withheld by the respondents with a further direction to the petitioner to deposit an amount of Rs. 38,619.00 with the respondents. The petitioner also seeks a direction to the respondents to release the retiral benefits to which the petitioner is entitled by way of gratuity, leave encashment and arrears of pay alongwith interest at th...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2003
Reported in : (2003)133PLR492
Hemant Gupta, J. 1. The petitioner is aggrieved against the order dated 7.3.2001, Annexure P-7, whereby he has been asked to deposit a sum of Rs. 13,255/- on account of wrong fixation of salary without issuing any show cause notice.2. The petitioner was promoted as Assistant on qualifying Assistant Grade Examination within first five chances and was posted in the office of District Education Officer (S) Bathinda. Subsequently, the petitioner was promoted as Superintendent on 19.3.1993. One Kishori Lal was junior to the petitioner in as much as he was at Sr. No93 as against the petitioner who was at Sr. No. 50 in the seniority list of Senior Assistants. Since Kishori Lal was drawing more pay therefore, the pay of the petitioner was stepped up to the level of Kishori Lal and fixed at Rs. 1800/- i.e. equal to the salary of Kishori Lal.3. Subsequently, the Accountant General, Punjab raised an objection against the wrong fixation of pay for the period November, 1994 to September, 1995. Howe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2003
Reported in : (2003)133PLR490
S.S. Nijjar, J. 1. We have heard counsel for the petitioner at length and perused the paper book.2. The petitioner had filed CWP No. 9772 of 1999 claiming reimbursement of the medical expenses incurred by the petitioner on his treatment. The aforesaid writ petition was decided on 16.11.1999 on the statement of the Additional Advocate General, Punjab to the effect that the remittance of the medical expenses had been made. The Division Bench further observed that claim for interest on the alleged delayed payment cannot be entertained in case of medical reimbursement. In the aforesaid writ petition, the claim of the petitioner was in the sum of Rs. 1,79,868/-. The aforesaid amount was duly sanctioned and paid. Subsequently, the petitioner had received order dated 20.5.2000, Annexure P-5 in which it is stated that the petitioner was entitled to claim only a sum of Rs. 1,29,504.00. So, the amount of Rs.50,364/- is to be recovered, in the present writ petition, the aforesaid order, Annexure ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2003
Reported in : (2003)133PLR490b
S.S. Nijjar, J. 1. The grievance made by the petitioners in the present writ petition is that they arc not being paid the monthly salaries regularly along-with the other regular employees of the State of Punjab. They therefore, seek the issuance of a writ in the nature of mandamus directing the respondents to pay the salaries to the petitioner on or before the 7th day of next month ( i.e., before expiry of 7 days of wage period) on each and every month. A further direction is sought to the respondent to pay the salaries for the month of November, 2001 to February, 2001 and pay the salary for the month of April, 2002 payable in the month of May, 2002 and to deposit the amount of GPF in the accounts of petitioners in time.2. The petitioners are permanent and regular employees of the State of Punjab. They are all working on Class IV posts, In the year 1982-83, the Government of India sponsored some schemes, one of which is known as Multi purposes Health Worker Scheme. The scheme has been ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-29-2003
Reported in : (2003)133PLR533
S.S. Nijjar, J. 1. I have heard the leaned counsel for the parties at length and perused the record of the case.2. The husband of the petitioner was employed with the State of Punjab from 23.5.1958 to 5.6.1984 on which date he unfortunately expired. The widow-petitioner made necessary application for the grant of G.P.F., Deposit Linked Insurance, Death-cum-Retirement Gratuity, House Rent allowance and pensionary benefits to her as her two major sons had already relinquished their claim in favour of the widowed mother.3. It is submitted by Mr. Gupta that during the pendency of the petition, according to the written statement balance amount of GPF amounting to Rs. 14945/- has been paid to the widow-petitioner. In the written statement it is further stated that the other retiral benefits are held up for 'No Demand Certificate' due to shortage of material against him. The cost of material is to be adjusted from his death-cum-retirement gratuity and Deposit Linked Insurance amount. But for ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-14-2003
Reported in : (2003)133PLR498
..... an inhabitant of the village. faced with this situation, the learned counsel for the petitioners has submitted that inadvertently the unmended provision as contained in section 7 of the act has been reproduced. we are not satisfied with the aforesaid submission of the learned counsel. a perusal of the amendment shows that it has been existing ..... below are wholly without jurisdiction as the application was not maintainable at the instance of respondent no.4. counsel for the petitioners sought to rely on section 7 of the act as reproduced in ground no. (i). at that stage, it was pointed out to the learned counsel that the correct provision has not been reproduced ..... by respondent no.4 as the same could have been filed only by gram panchayat under section 7 of the punjab village common lands (regulations) act, 1961 (as applicable to haryana) (hereinafter referred to as 'the act'). in the writ petition, the aforesaid section is reproduced in ground no. (i) as under:-'7. power to put the panchayat .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-04-2003
Reported in : (2004)136PLR276
..... not be impleaded as a party under order 1 rule 10, cpc, especially when the alienation was hit by the doctrine of us pendens by operation of section 52 of the transfer of property act. in view of the law laid down by the hon'ble supreme court in this authority, in my opinion, the learned trial court was perfectly justified in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-10-2003
Reported in : (2003)135PLR562
..... is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.[(1-a) where the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known ..... to presume that the appellant was not served with the notice of substitution and the endorsement made therein as to the refusal of the service cannot be attributed to any act of the appellant. when a party is sought to be impleaded in a legal proceeding service of notice on such party cannot be a mere formality but should, in fact ..... m.m. kumar, j. 1. this petition filed under section 115 of the code of civil procedure, 1908 (for brevity, 'the code') challenges order dated 17.2.2003 passed by the additional civil judge (sr. division), kharar setting aside the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-07-2003
Reported in : (2003)135PLR661
..... terminate the services of the petitioners.a) on 25.3.2002, fir no.7 was registered at police station, vigilance (mohali) under section 7 read with section 13(2) of the prevention of corruption act, 1998 in relation to the trap organised in which shri ravinderpal sigh sidhu was caught red-handed accepting the bribe of rs. 5 ..... following arguments :a) the firs registered against shri ravinder pal singh sidhu and others and statements made by shri jagman singh and shri randhir singh gill under section 164 of the code of criminal procedure do not have any evidentiary value and the reports prepared by the vigilance bureau on the basis of such statements could ..... members will be associated in the conduct of examinations. shri dwivedi then referred to the statements made by shri jagman singh and shri randhir singh gill recorded under section 164 of the code of criminal procedure, in which they gave the details of the modus operandi adopted by shri ravinderpal singh sidhu for ensuring selection of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-25-2003
Reported in : (2004)136PLR99
..... consideration. this practice strikes at the very root of the constitutional scheme and our educational system. restricting admission to non-meritorious candidates belonging to the richer section of society and denying the same to poor meritorious is wholly arbitrary, against the constitutional scheme and as such cannot be legally permitted. capitation fee ..... that:- a) the respondents have no power to alter substantially or otherwise indicating criteria for admission provided under the brochure, once it has been notified and acted upon; b) the impugned notification not only diminishes but completely destroys the basic precept for admission to such course i.e., rule of merit. not ..... year, 1995-96. the interim order was necessitated by an amendment effect on 20.5.1995 in the karnataka education institution (prohibition of capitation fee) act, 1984 and the rules that had been made thereunder for selection of candidates to medical engineering, dental, pharmacy and nursing courses oh 10.3.1993. .....
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