Court : Patna
S.K. Katriar, J.1. A large number of writ petitions have been coming up before this Court and continue unabated in spite of a large number of reported judgments on the question whether or not money benefits granted to an employee while in service can be recovered from him after an appreciable length of time, particularly from his post-retirement benefits. Because of conflict of judgments rendered by Courts earlier on this point, it has become increasingly difficult for Single Judge Benches, and perhaps Division Benches also, to discern consistent principles and apply them uniformly. Without being exhaustive, the following are the broad features of such writ petitions.(i) A money benefit is conferred on the employee allegedly wrongly while in service which is sought to be recovered after a long lapse of time, generally after retirement from the post-retirement benefits;(ii) Very often the employee is given the increments granted after having passed the Hindi Noting and Drafting Examina...
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Ravi S. Dhavan, C.J. and P.K. Deb, J. 1. This letters patent appeal has been filed by the petitioner appellant Rajendra Mehtar against the order of 12 September 2002 on CWJC. No. 12122 of 2000; Rajendra Mehtar v. The State of Bihar and others. The petitioner appellant Rajendra Mehtar is the son of Smt. Sanichari Devi. She died in 1996. She worked as a Sweeperess in the Block Office, Dhamdaha, District Purnea. She was initially employed as a daily wager in 1978. She was put on a scale pay in 1981 and continued to draw this scale pay until 1996. When notice was issued on the writ petition, the counter affidavit did not reply to the petition paragraph by paragraph. The counter affidavit conveniently evaded the submissions made in the writ petition. For instance, in paragraph 5 the petitioner stated that his mother received salary from the regular establishment till her death. This submission was not challenged nor contradicted. Sanichari Devi died leaving behind the petitionerand two mi...
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R.S. Garg, J.1. Heard (earned Counsel for the petitioners, earned Counsel for the Housing Board and earned Counsel for the State.2. The tragedy of the present petition is that the State Government created an organisation in the found hope with a laudable object that the citizens of the State would have some place to stay and would have a small house wherein they can reside treating it to be a castle, Unfortunately after delivering the baby the State Government sent it to an orphanage, the orphan in stead of proving to expectations of the State Government is behaving in a very nasty manner and is not proving responsible to its public duty and answerable to any cause for which it was created. The Housing Board allured the people by saying that on payment of certain amount, a plot, a parcel of land or a flat or something of that sort would be given to them. The public at large relied upon the assurances, after cutting their bread they saved money and paid it to the Housing Board under th...
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G.C. Bharuka, J. 1. This writ application has been filed by the petitioners for issuance of an appropriate writ and/or direction commanding the respondents to (i) grant affiliation to Nawadah Vidhi Maha Vidya-laya, Nawadah (hereinafter in short the 'Institution'), (ii) allow the students of the institution to appear at the ensuing L.L.B. Examination, (iii) publish the result of 1990 LL.B. Part 1, Part II and Part III examinations of the alleged students of the Institution and (iv) declare the transitory regulation dated 17-4-1993 (Annexure 9) as ultra vires the powers of the Chancellor and the Vice-chancellor. 2. Petitioner No. 1 claims to be an institution conducting Bachelor of Law (LL.B.) course at Nawadah. Nature of its constitution has not been disclosed in this writ application. It is claimed to have been established in 1988. According to the petitioners, applications were made for grant of affiliation to the respondent Magadh University, whereupon inspections were made. It is ...
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B.L. Yadav, A.C.J. 1. The instant Letters Patent Appeal is directed against the Judgment and Order dated May 2, 1991 passed by the learned Single Judge of this Court allowing in part C. W.J.C. No. 1844 of 1989 (R). The learned Single Judge recorded finding substantially in favour of the petitioner/appellant, a bus conductor but instead of directingreinstatement directed the petitioner to be entitled to 3.33 years wages last drawn by him. 2. The relief claimed in the present Letters Patent Appeal is that it may be allowed and the Judgment and Order of the learned Single Judge be modified to the extent that the petitioner/appellant may be reinstated with the entire back wages. 3. The factual matrix of the case is that the petitioner/appellant was appointed by the Bihar State Road Transport Corporation (Respondent No. 1) as a bus conductor. He was appointed on substantive vacancy, whereas according to the respondents he was appointed as a casual employee. The appellant was, however, ...
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P.K. Deb, J.1. All the appeals have been heard analogous as they arise out of the same Judgment and between the same parties.2. First Appeal No. 60/79 has been preferred by Defendant No. 1 of Partition Suit No. 7/74 while First Appeal Nos. 101/83 and 102/83 arise out of the Eviction suit filed by the same Defendant No. 1 Laxman Sharma against plaintiffs of Partition Suit No. 7/74 and against Sarjug Sharma who was also a defendant being Defendant No. 4 in Partition Suit No. 7/74 and a son of Laxman Sharma by his first wife. First Appeal No. 269/83 has been preferred by the same Laxman Sharma against the Final Decree being passed in Partition Suit No. 7/74. First Appeal Nos. 101/83 and 102/83 were practically filed before the District Judge corresponding to the valuation of the appeals but as they relate to same dispute between the parties of First Appeal No. 60/79 and that of First Appeal No. 269/83 and also covered by the same Judgment, those two appeals have also been called for fro...
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Chandramauli Kr. Prasad, J.1. In exercise of the power conferred under Section 4(1) of the Bihar State Minorities Commission Act, 1991, hereinafter referred to as the Act, the State Government vide notification dated 18th of August, 2004 constituted Bihar State Minorities Commission and nominated Sohail Ahmad Khan and Prahlad Kumar Sarkar as Chairman and Vice-chairman of the Bihar State Minority Commission in exercise of power under Section 4(2) of the Act. The term of office of Sohail Ahmad Khan was three years from 20th of August, 2004 and that of Prahlad Kumar Sarkar of three years from the date he assumes the charge of his office. Later on, by notification dated 3rd of September, 2005 the State Government filled up the vacancies in the Commission. By the aforesaid notification Sardar Guru Dayal Singh, petitioner in CWJC No. 9336 of 2006, was nominated as Vice Chairman and Father Peter besides others as the Members of the Commission.2. A show cause notice dated 2.3.2006 was issued...
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Ramesh Kumar Dutta, J.1. Heard Mr. Bishnu Kant Dubey, learned Counsel for the petitioner and learned Standing Counsel No. 18 for the State.2. The petitioner is aggrieved by part of the order contained in memo No. 2509 dated 3.5.2000 by which it has been directed that the financial benefits on the promoted post of Sub-Inspector of Police shall be given to him only from the date of joining, whereas the promotion has been granted with effect from 20.8.1994.3. The petitioner was appointed as constable in 1971 and subsequently promoted as ASI with effect from 1.4.1981 and confirmed on the said post in March, 1983. Certain juniors to the petitioner including one Nageshwar Paswan were granted promotion on the post of Sub-Inspector of Police with effect from 20.8.1994 by memo No. 3448 dated 20.8.1994 issued by the Director General and Inspector General of Police, Bihar. The petitioner's representations having failed, he filed CWJC No. 9713/1996 which was disposed of by order dated 2.9.1997 wi...
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Radha Mohan Pd., J. 1. In this writ application, the petitioner, who retired as Chief Engineer while posted at the headquarters of the Bihar State Electricity Board, Patna (hereinafter referred to as the Boards) on 31-3-1997, is aggrieved on account of non-release of his 10% pension, gratuity and leave encashment. He was, however, paid 90% of pension and the amount of GPF.2. In short, the relevant facts of the case are that the petitioner was initially appointed as Assistant Electrical Engineer in the service of the Board on 1-4-1960 and later promoted to the post of Electrical Executive Engineer on 1-7-1968 and thereafter, to the post of Electrical Superintending Engineer on 20-8-1982 and ultimately he superannuated on 31-3-1997 while holding the post of Chief Engineer.3. While the petitioner was posted as General Manager-cum-Chief Engineer, Barauni Thermal Power Station, Barauni (Muzaffarpur Thermal Power Station Kanti, Muzaffarpur), he was prima facie found guilty of gross miscond...
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..... stock-in-trade. the matter has to be considered in the context of the particular business of the assessee, e.g., books are a lawyer's plant but a book-seller's stock-in-trade. ' 18. in s.p. jaiswal estate private ltd. v. cit (no. 2) : [1994]209itr307(cal) one of the questions before a bench of the calcutta high .....
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