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Susanta Kumar Patnaik Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1999Ori67; 87(1999)CLT464

..... the fact that the minister had initially recommended for ante-dating the concurrence can also not be of any avail to the petitioner as the minister had subsequently withdrawn his earlier order when it was brought to his notice that to do so would be contrary to the provisions of the orissa education act, 1969. ..... parties fairly admit that the minister of education had recommended for grant of concurrence with retrospective effect, but when it was brought to his notice that it would be contrary to the provisions of the orissa education act, 1969, the minister withdraw his recommendation by his subsequent order dt. 16-4-96. ..... on the basis of the inspection report and recommendation made, the government accorded recognition under section 6 (8) of the orissa education act, 1969 to janata college as a junior college to impart education in +2 arts stream from the academic session 1989-90 in english and m.i.l. ..... by admitting students and appointing the petitioner, neither the institution nor the petitioner can compel the slate to grant concurrence to the subject logic from retrospective effect so that the petitioner becomes eligible to receive his salary components from the grant-in-aid. .....

Narayan Chandra Das Vs. State of Orissa and anr.

Court : Orissa

Reported in : 78(1994)CLT772; 1994(II)OLR343

..... been appointed as managing director of orissa mining corporation (hereinafter referred to as the 'corporation') challenges the order of the state government cancelling his appointment as the managing director of the corporation under annexure 3 as well as the order posting him as general manager of the corporation, inter alia, on the ground that the orders are arbitrary and outcome of malice and positive act of vindictiveness on the part of the chief minister of orissa, the petitioner prays for a direction to be posted as the chief executive of the corporation and protection of his pay and should be paid arrear leave salary.2. ..... in this view of the matter, on the facts and circumstances even though we are of the considered opinion, that the dissatisfaction expressed by the chief minister with regard to the functioning of the orissa mining corporation in the review meeting dated 13-3-1990 was not on any tangible materials and can be characterised as an outcome of bias on the part of the chief minister towards the concerned officer, yet the order of replacement under annexure-3 is on the basis of acceptance of the petitioner's resignation and therefore, the said order cannot be said to be vitiated on account of bias or bad faith. .....

M. Karunanidhi Vs. Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1979SC898; 1979CriLJ773; (1979)3SCC431; [1979]3SCR254

..... it shall be the duty of the chief minister of each state-(a) to communicate to the governor of the state all decisions of the council of ministers relating to the administration of the affairs of the state and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for; (c) if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.57. ..... even in section 52(1) of the government of india act, 1935 which preceded our constitution the provision was worded thus:52(1) the governor of a governor's province may, by notification, appoint ministers, not being members of his executive council or other officials to administer transferred subjects, and any ministers so appointed shall hold office during his pleasure:there may be paid to any minister so appointed in any province the same salary as is payable to a member of the executive council in that province, unless a smaller salary is provided by vote of the legislative council of the province.54. ..... madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work.53. ..... in the case of state of orissa v. m.a. .....

Orissa High Court Retired Judges Association and a Vs. Union of India, ...

Court : Orissa

..... it is further submitted that the government of orissa is very much concerned with the facilities to be provided to the retired judges of the state and considering 8 the same, the government of orissa vide aforesaid letter under annexure3 extended the medical allowances and domestic help allowance to the retired judges, however, due to the resource crunch of the state, government is unable to provide all the facilities and allowances to the retired judges as demanded by the petitioner-association. ..... in the meeting of 2nd level monitoring committee held on 11.08.2009, which was presided over by the hon ble chief minister, the then hon ble acting chief justice of orissa high court suggested that medical facilities to retired judges as available in other states should also be made available to the retired judges of this court. ..... after their retirement, all the high court judges and chief justices are governed under the provisions of the high court judges (salaries and conditions of service) act, 1954. ..... one counter affidavit has been filed on behalf of the union of india sworn to by the under secretary in the department of justice, ministry of law & justice, wherein it is stated that section 23-d of the high court judges (salaries and conditions of service)act 6. ..... a judge during his tenure is entitled to salary and other allowances as specified in part-d of the 2nd schedule in terms of article 221 of the constitution of india. .....

Smt. Lata Pradhan and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 1997(II)OLR88

..... the petitioners, namely, the widow and the children have come to this court seeking the relief by way of compensation due to the death by invoking rule 20 of the orissa home guards rules, 1962. ..... 30,000/-from the chief minister's relief fund to the family of the deceased.3. ..... 30,000/- had been received by the family of the deceased as ex gratia from the chief minister's relief fund. 8. ..... 1,50,000/- towards the damage and the compensation to be paid to the members of the family of the deceased within three months from the date of communication of the order. ..... regard being had to the materials on record and taking into account the age, financial potentiality, loss sustained by the family and all other relevant factors including shock and sufferings sustained by them, we are of the view that it would meet the ends of justice if the state government release further amount of rs. ..... we have taken note of the salary the deceased was drawing. ..... the aforesaid rule runs as follows :'if a member of the home guards suffers any damage to his person or property while under training or on duty, he shall be paid such compensation as may be determined by the state government provided that such damage is caused by his own negligence or wilful act or omission in contravention of any of the provisions of the act or rules made thereunder or orders or directions issued by his superior officer.'4. .....

S.R. Chaudhuri Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2707; 2001(4)Crimes145(SC); JT2001(6)SC446; 2001(5)SCALE269; (2001)7SCC126

..... --(1) the chief minister shall be appointed by the governor and the, other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall old office during the pleasure of the governor.provided that in the states of bihar, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work. ..... she must appoint as prime minister that member of the house of commons who can acquire the confidence of the house, and must appoint such persons to be members of the ministry and cabinet as he recommends....since the sovereign must always act upon ministerial advice, ministers are always politically responsible to the house of commons for their acts, even if done in her name. ..... (5) the salaries and allowances of ministers shall be such as the legislature of the state may from time to time by law determine and until the legislature of the state so determines, shall be as specified in the second schedule.3. .....

Pradipta Kumar Mohanty Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2002(II)OLR96

..... the orissa electricity reforms act, 1995 (hereinafter called as 'the reforms act') came into force with effect from 1st april, 1996 providing for restructuring of the electricity industry for the rationalisation of the generation, transmission, distribution and supply of electricity for a venue for participation of private sector entrepreneurs in the electricity industry and generally for taking measures for development and management of electricity industry in the state. ..... under rule 6(1), all personnel of the board (orissa state electricity board) who are either in the employment of the board or deputed to and have been working for the board on the effective date, shall be subject to transfer as provided in the rules without any further act or thing to be done by the board the state government or the personnel, as the case may be. ..... the petitioner have tried to controvert such stand by filing a rejoinder, but it is clear from the minutes of second meeting of the committee of minister to examine the problem of unemployed graduate engineers held on 5.8.1999, copy whereof has been annexed by the petitioners in o.j.c. no. ..... it is averred that the gridco had appointed electrical engineers on contract basis for a period of six months and paid a consolidated salary of rs. .....

Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1993)45ITD500(Pune.)

..... on the facts and in the circumstances of the case, the tribunal was right in holding that the amendment to section 40(3)(vi), finance act, 1983, by finance act, 1988 was declaratory of the law as it always was and that it had retrospective operation for the assessment pertaining to 1984-85 and 1985-86 from the aforesaid question, it is seen that retrospectiviry of the amendment was very much in question which did pre-suppose that, it was operative prospectively and therefore, there is no force in the contention of the learned ..... annum and therefore, such asset was not to be subjected to wealth-tax was ably canvassed by the learned counsel for the assessee before the cwt in connection with revisional proceedings taken by him under section 25 of the wealth-tax act for the very same years under consideration and which were later on dropped by him by his order dated ..... more per annum as could be seen from the figures of salaries debited to the profit and loss account for the relevant years for which total salary of the employees were furnished for these years under consideration.the learned departmental representative strongly objected to this certificate given by the chartered accountants, because it is self-serving document ..... the amendments made to section 40 by the finance act, 1988 were clarificatory in nature and intended to remove hardships as declared by the finance minister in the parliament.referring to page 138 of the paper ..... the decision of the orissa high court in the case .....

St. Catherine Girls' High School, represented through Its Secretary of ...

Court : Orissa

Reported in : 94(2002)CLT524

..... even assuming and/or accepting that the management of the school initially was following the provisions of the orissa education code or the rules relating to management of private educational institutions, the same cannot take away the minority character and/or status of an institution, if it is proved that the same has been established and is being administered by the minorities based on religion or ..... of the orissa education act, 1969, expressly provided that nothing contained in the said act would apply to education institutions established and administered by minorities having rights under article 30(1) of the constitution. ..... his letter dated october 14, 1999 and sri ripunath seth, minister of state, school and mass education, orissa by his letter dated october 15,1999 also recommended that the school be continued to be run by the roman catholic mission (annexure-18). ..... about may 19, 1999 the staff of the school submitted a representation in the department of school and mass education objecting to the state government's reference to the school as a minority institution and requesting the authorities to consider and determine whether the school can be granted status of a minority school and to continue the payment of salaries to the headmistresses. ..... the writ-petitioner has also enclosed a copy of the mass petition submitted in october, 1999 requesting the hon'ble minister, school and mass education department to allow the roman catholic mission to run the institution as minority .....

Managing Committee, Sayeed Seminary and anr. Vs. State of Orissa and a ...

Court : Orissa

Reported in : 103(2007)CLT376; 2007(I)OLR209

..... of sayeed seminary, nimasahi in the city of cuttack and its headmaster are the writ petitioners seeking for the relief of declaration that the sayeed seminary, a high school recognized by the government of orissa and the board of secondary education, orissa, was established and administered by the muslim community of the state and that of cuttack city and as such comes within the purview of section 2 of orissa education act, 1969 and for quashing the government order dated 29.3.1995 refusing to declare the said institution as a minority community ..... indicate that maulavies golam mohammad, mohammad kasim ahmad quazi, kamiruddin khan, alla bira, mahammad sayeed abdus sakur, babus akshay chandra ray, satyabrata patnaik and devendranath ray were appointed as members of the managing committee of which moulavi golam mohammad and babu akshay chandra ray were appointed as president and vice president and moulavi kamiruddin khan and babu satyabrata patnaik were appointed as secretary and assistant ..... 1 has filed a counter affidavit denying the claim made by the petitioners contending inter alia that the school in question is in the fold of direct payment and at no stage, the managing committee has raised any objection on payment of salary to the teachers of the school directly like all other aided high ..... the then minister of health, who belonged to the minority community, also recommended to the minister of mass education to declare the institute as a minority institution by a letter dated .....