Court : Allahabad
Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702
..... case of services and posts in connection with the affairs of the union, and for the governor ('**) of a state or such person as he may direct in the case of services and posts in connection with the affairs of the state, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have ..... the rules apply to a recruitment by promotion to a post or service for which no consultation with the public service commission is required and 'have effect notwithstanding anything to the contrary contained in any other service rules made by the governor under the proviso to article 309 of the constitution, or orders, for the time being in force. ..... state of maharashtra : (1974)illj221sc , a constitution bench of the supreme court relying on its two earlier decisions in b. n. ..... 3776 (l) of 1997, 3785 (l) of 1997, 3787 (l) of 1997, the learned judge who was in seisin of the matter at lucknow bench of this court, scripted the following questions and commended the matter to be heard and disposed of by a two judges bench. ..... 20716 of 1997 and quashed the impugned selection of sub-inspectors for promotion to the rank of circle inspectors and issued consequential directions to the authorities concerned to initiate fresh selection in the light of the observations embodied in the judgment. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)1UPLBEC331
..... thereafter, again by means of another government order dated 4.9.1989 the state government had created two separate directorate for hill region as well as plain region know as 'directorate of horticulture and food utilisation (hill u.p. ..... (c) the list of personnel for provisional allocation to the successor state of uttaranchal against each cadre/category of posts may be prepared by the reorganization committee of the existing state of uttar pradesh keeping in view the preference of such employees and other relevant factors like maintaining the balance within each cadre/category of post, domicile states, ethnic affinity etc. ..... (b) however, it should be made clear to these employees that without prejudice to their rights it would be open for the government to post them either provisionally or on final basis in any successor state in administrative interest or in the exigencies or public service. ..... the act was promulgated by parliament on 25th august, 2000 and it was notified in the official gazette on 9.11.2000 which is the 'appointed day' for the purpose of bifurcation of state of u.p. ..... -state cadre personnel should be allocated on the following lines-(a) those serving in village, tehsil, district, division or region who are normally liable for transfer with in such area and are part of such territorial cadres, shall be deemed to have been appointed to such post by the successor state of uttaranchal on and from the appointed day in whose territory the area has been included. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC400
..... , air 1957 sc 425 ; maharashtra state road transport corporation v. ..... single judge dated 10th march, 2000, by which the writ petition filed by the respondents has been allowed quashing the result of the infantry training/physical training test (hereinafter called the 'it/pt test'), held for the purpose of departmental promotion to the post of sub-inspector (civil police) from the post of head constable and directing the respondents to hold the selection in the light of the observations made therein ..... , air 1998 sc 795, the hon'ble apex court observed as under :'it is not in dispute that all the candidates were made aware of the procedure for promotion before they sat for the written test and before they appeared before the departmental promotion committee. ..... it has been mentioned in the said complaint that nepotism and casteism prevailed while assessing the suitability of the candidates and, thus, there is no cogent reason for this court to interfere with the impugned judgment and order of the learned single judge.5. ..... public service commission and ors. v. dr. ..... , (1997) 6 scc 228 ; all india state bank officers' federation and ors. v. ..... it is a course of conduct inconsistent with the claim.....it implies positive acts, not merely silence or inaction such as involved in laches. ..... krishan niwas, air 1997 sc 2349, the hon'ble apex court examined a case where the services of the employee were terminated in exercise of the powers under article 311(2)(b) of the constitution. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2470
..... in this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/ghaziabad development authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class iv category i.e. ..... 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the government order dated 21.10.1989 claiming that some juniors to him stood regularised.4. ..... , to the post of peon or security guard and for payment of arrears of salary in the regular pay scale like other employees since the month of march, 1994.3. ..... heard sri manoj kumar sharma, learneed counsel for the petitioner and sri h.r. ..... brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. ..... mishra, learneed counsel for the respondent, ghaziabad development authority. 2. .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
..... the management utilized the funds of the investors for purchase of land in maharashtra state in the name of promoters and directors of the companies or their relatives. ..... petty amount and majority of funds in such ventures are from ordinary investors;(in) large amount of money have been mobilized due to effective rural marketing and high returns promised;(iv) marketing agents were offered huge commission as high as 10 per cent to 15 per cent of the amount mobilized;(v) yields promised on these schemes are not at all achievable; (vi) pieces of land allocated to investors were not distinctly identifiable;(vii) many instances have been ..... it was further informed that a sizeable portion of the amount mobilized has been paid for commission expenses and the agencies were of the opinion that these companies were deploying the funds received from the public for non-banking financial companies, real estate etc.82. ..... companies have reported that majority of them were not following sound accounting principles, there was diversion of funds to the group companies, inter-corporate investments by way of share application money without shares being allotted, commissions were paid to associate sales agent and huge expenditure was incurred on the promotional activities. ..... in section 11(2)(c) the words 'venture capital funds and collective investment scheme' were inserted by the securities laws (amendment) act, 1995.in this regard a press release dated 18-11-1997 is annexure-1 to the counter-affidavit. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)AWC2067; (1999)3UPLBEC1689
..... : provided that no market fee shall be levied or collected on the retail sale of any specified agricultural produce where such sale is made to the consumer for his domestic consumption only :provided further that notwithstanding anything contained in this act, the committee may at the option of, as the case may be, the commission agent, trader or purchaser, who has obtained the licence, accept a lump sum in lieu the amount of market fee that may be payable by him ..... the government of india and the various committees and commissions appointed to study the condition of agricultural markets in the country have also been inviting the attention of the state government from time to time towards improving the conditions of these markets. ..... for an agricultural year including any agricultural year prior to the commencement of the uttar pradesh krishi utpadan mandi (sanshodhan) adhi-niyam, 1994, in respect of which market fee is outstanding, in respect of such specified agricultural produce, for such period, on such terms and in such manner as the state government may ..... the petitioner sent a reply on october 18, 1997, stating that it had never purchased any rice from inside the state of u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC57
..... the judgment reads as follows :'the writ petition succeeds and is allowed, the admissions made by the admission committee of allahabad university for post-graduate classes for the session 1997-98 in all those subjects which the students who passed bachelor of arts or bachelor of science examination from ewing christian college, allahabad in the year, 1997 is quashed and theadmission committee of the allahabad university is directed to admit the students on the basis of merit determined according to ..... a detailed examination of the questions formulated in the light of the relevant provisions of the university grants commission act, the revised guidelines (1995) on the u.g.c. ..... can university be allowed to defend fixation of such seats for admission despite the fact that admission committee did not state such a ground in its resolution, the resolution being silent in respect of reasons and grounds as to why and how it was limiting the admission to 10% in respect of students of ..... the relevant facts of the case, shorn of unnecessary details, may be stated thus : ewing christian college, allahabad, which was previously an affiliated degree college of allahabad university, has been declared an autonomous college under section 42 of the u. ..... state universities act, 1973, since ..... no reason is stated in the resolution of the admission ..... nehru medical college, (1986) 3 scc 727 : state of rajasthan u. dr. ..... conscious of the position that the decision affects the future of young graduates in the state. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1268
..... there was initially some controversy as to whether the additional price of sugarcane as determined under clause 5a of the sugarcane (control) order, 1966, would also have to the taken into consideration for the purpose of clause (a) of sub-section (3c) of section 3 of the act which refers to minimum price of sugarcane fixed by the central government, but the same has been set at rest by the decision of the apex court in shri malprabha coop. ..... in paragraph 4 (a) of the rejoinder-affidavit (sworn by sri arun kumar), it is averred that the provisional orders determining the price of levy sugar issued for the years 1996-97, 1997-98 and 1998-1999 were never followed by any subsequent notifications and no final order determining the price of levy sugar after taking into consideration the additional sugarcane price under clause 5a of the sugarcane (control) ..... by the commission for agricultural costs and prices (c.a.c.p.), c.a.c.p. ..... the actual distance from the purchasing centre concerned to the factory and the rate per kilometre applicable in that case on the basis of which the rebate is charged, is obtained from the central government, or the state government, or the director of agriculture, or the cane commissioner, or the district magistrate, within their respective jurisdiction. ..... has recommended different factors for different factories for different zones ranging from 41 per cent in the case of maharashtra central to 78 per cent in rest of karnataka and 50 per cent for west of u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All173; 2004(1)AWC346
..... , annexure-1 was issued is illegal and without jurisdiction being contrary to the statutory provision of the act, elaborating the submission, he urged that under the act, the authority concerned upon conclusion of investigation has the power to recommend the government for taking appropriate action in accordance with law, but it does not have the authority to ask the state government to recover the amount as mentioned in the citation as arrear of land revenue since it ..... is provided that for the purpose of preliminary inquiry/ investigation, the lokayukta and up-lokayukta shall have all powers of civil court in respect of summoning and enforcing the attendance of any person and examining him on oath ; requiring the discovery and production of any document ; receiving evidence on affidavits ; requisitioning any public record or copy thereof from any court or office ; issuing commission for the examination of ..... in respect of the said plot was created by the slate government in favour of late madan lal tekriwal on 1.11.1954, with retrospective effect from 1.5.1945, for a period of 30 years with right of renewal for further period of two terms of 30 years each with a rider that government may refuse to renew the lease in case of violation of the terms and ..... stamp rules, 1997 and taking into account the allegations made in the complaint, reply of the petitioner and the officials, the lokayukta came to the conclusion that the concerned officials overlooking the relevant circular/ .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All123
..... it also said that other concessions were not extended by the respondent, as a result of which other financial institutions could not extend loans, although they had promised to do so and in absence of a certificate for pari-passu charge by the respondent, other financial aid has not flown into the petitioner company and, therefore, it has not been able to pay the money ..... . when they say and realise that other aid from different corners was flowing in, and the petitioner company needed a certificate from the respondents for procurring additional loans from other finan-cial institutions, the respondents could not be justified in not only issuing the said certificate of pari passu charge but also to demand back a huge amount, like ..... 1 under section 29 of the state financial commission act ..... . although we do not agree with the petitioner's counsel that before resorting to the provisions of section 29, respondents were bound to act under section 31 another provision of the act but we agree with this proposition that prior notices should have been issued to the petitioner company before resorting to the proposed action under section ..... the funded interest to berepaid over a period of 4 years in 16 quarterly instalments from 1994-95 to 1997-98, as per revised repayment schedule (column iv) ..... (iii) the funded interest referred to at (i) and (ii) above to be repaid over a period of 4 years in 16 quarterly instalments from 1994-95 to 1997-98, as per repayment schedule to be advised separately .....
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