Uttaranchal Court October 2004 Judgments
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Mohd. Arshad Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: Oct-30-2004
Reported in: 2005(1)AWC286(UHC); [2005(104)FLR326]
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus commanding the respondents to give him joining in the Army as G.D. soldier.2. Brief facts of the case, as narrated in the writ petition, are that the respondents got published advertisement for recruitment of G.D. soldiers in the month of September, 2003 in response to which, since the petitioner fulfilled the minimum qualification, he reached at the recruitment centre on 29.9.2003 and underwent medical and physical tests and cleared the same. On the same day, the petitioner appeared for the written examination, and was declared successful in the written test as well. In response to the selection letter dated 28.11.2003 (copy Annexure-3 to the writ petition), the petitioner submitted his documents for verification before the Branch Recruiting Office at Almora, which included the character certificate, caste certificate and domicile certificate ...
Krishi Utpadan Mandi Samiti Vs. Sahid Raza and Company
Court: Uttaranchal
Decided on: Oct-30-2004
Reported in: 2005(1)ARC86
Rajesh Tandon, J.1. Heard Jagdish Chandra Belwal, Counsel for the petitioner and Sri V.B.S. Negi, Counsel for the respondents.2. By the present writ petition, has prayed for a writ of certiorari quashing the order dated 5th August, 2004 passed by the respondent No. 2 in Misc. Civil Appeal No. 7 of 2004 (Sahid Raza and Company v. Krishi Utpadan Mandi Samiti, Haldwani).3. Briefly stated, the suit was filed by the respondent No. 1 praying for permanent injunction restraining the respondents from constructing the shops in front of his place of business or in the alternative directing the respondent to provide alternative accommodation on the Mandi Samiti premises, which are being constructed by the petitioner in front of the respondent's shop.4. The respondent No. 1 has filed the suit stating therein that he is doing the premises in an area of 20X50 feet and the shop where the respondent No. 1 is working is a temporary one. The petitioner is obstructing the use of the same by making the co...
Rajendra Prasad Sharma Vs. Senior Regional Manager, Food Corporation o ...
Court: Uttaranchal
Decided on: Oct-29-2004
Reported in: 2005(1)AWC203(UHC)
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus directing respondents to promote the petitioner from the post of Assistant Grade II to Assistant Grade-I.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner joined his services with Food Corporation of India on 29.4.1976. He started his career as Assistant Grade III (D) and considering his service record, he was promoted to the post of Assistant Grade II (D) vide office order dated 30.12.1987. The procedure of promotion of staff of Food Corporation of India (for brevity F.C.I.) is provided in the F.C.I. (Staff) Regulations, 1971. Vide the office order dated 20.10.2000 (copy Annexure-1 to writ petition), the petitioner was declared fit for promotion from the post of Assistant Grade II to the post of Assistant Grade I and his name figured at serial No. 76 in the list of promotees. However, the Senior Regional Man...
Vinayak Bihari Alias Vinayak Sharma Vs. State
Court: Uttaranchal
Decided on: Oct-29-2004
Reported in: 2005CriLJ2452
B.C. Kandpal, J.1. This criminal appeal arises out against the judgment and order dated 9-10-2003 passed by Special Sessions Judge, Bageshwar in S.T. Suit No. 29 of 2001 State v. Vinayak Bihari alias Vinayak Sharma and Ors. convicting the appellant under Section 376, I.P.C. and sentencing him to 10 years R. I. and fine of Rs. 500/- and further convicting under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to life imprisonment as well as fine of Rs. 5000/- and in default of payment further one year more imprisonment.2. Brief facts of the prosecution case are that one Joga Ram lodged a First Information Report on 9-3-2001 at 7.00 p.m. with Patwari Patti Circle Bajina, Bageshwar stating therein that on 9-3-2001 at about 5.45 p.m. his daughter Kumari Pushpa along with her companion Kumari Bhagirati had gone to cut the grass. The appellant Vinayak Bihari alias Vinayak Sharma along with his companion was present there nea...
Atul Kumar Sharma Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Oct-28-2004
Reported in: 2005(1)AWC284(UHC)
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus directing the respondents to consider the case of the petitioner for appointment on compassionate ground under the U. P. Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974.2. Brief facts of the case as narrated in the writ petition are that Shri Mathura Dutt Sharma, father of the petitioner, was posted as Junior Engineer in the Public Works Department at Rudrapur, district Udham Singh Nagar who died in harness on 5.3.2002 leaving behind his widow, two sons (including the petitioner) and one unmarried sister. On 27.5.2002 (copy Annexure-1 to the writ petition) mother of the petitioner moved an application before respondent Nos. 3 and 4 for employment of her younger son on compassionate ground. Respondent Nos. 3 and 4 vide their reply dated 29.7.2002 and 5.8.2002 (copy Annexures-2 and 3 to the writ petition) informed ...
Bhuwan Chandra Kandpal Vs. State of Uttaranchal, Through Secretary Edu ...
Court: Uttaranchal
Decided on: Oct-28-2004
Reported in: (2005)1UPLBEC6
Prafulla C. Pant, J.1. By means of this writ petition moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus directing the respondents to treat the services of the petitioner regularized in L.T. grade w.e.f. 1.10.1990. Also, the writ in the nature of certiorari is sought forquashing of order dated 17.1.2003 where by the representation of the petitioner was dismissed by the Addl. Director of Education.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner was appointed as Assistant Teacher (English) in L.T. Grade in the pay scale of 1400-2300 on ad hoc basis in the Government High School Raingol, District Almora vide order dated 4th September, 1990 (copy at Annexure-1 to the writ petition) by the Deputy Director of Education, Kumaon Mandal, Nainital. In compliance of said orders, the petitioner joined has duties on 19.9.1990 in the aforesaid place of his posting. Since then the petitioner is continuou...
Amit Joseph Vs. Joint Director of Education and ors.
Court: Uttaranchal
Decided on: Oct-27-2004
Reported in: (2005)1UPLBEC1
Prafulla C. Pant, J.1. In the two petitions, common questions of law and facts arc involved; as such these are being disposed of by this common judgment.2. Brief facts of the case are that Dwarahat Inter College, Dwarahat, District Almora (hereinafter for short the College) is a minority Educational Institution aided by the State Government. The U.P. Intermediate Education Act, 1921 and Rules framed thereunder are applicable to the said Institution. The Manager of the College invited applications for the post of lecturer in Chemistry through advertisement in newspaper [copy of which is annexed as Annexure-1 to Writ Petition No. 155(S/S) of 2004]. Candidates including the petitioners of both the writ petitions mentioned above, applied for the post' in response to the advertisement and were called for interview by the Manager of the College. The Selection Committee interviewed the candidates including Sri Rajendra Singh and Sri Amit Joseph on 26.9.2003. Sri Rajendra Singh's case is this ...
State of U.P. and anr. Vs. Presiding Officer, Labour Court and anr.
Court: Uttaranchal
Decided on: Oct-26-2004
Reported in: 2005(1)AWC212(UHC)
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of Constitution of India, the award dated 31.12.1999 passed by Presiding Officer, Labour Court, Dehradun, has been sought to be quashed.2. Brief facts of the case as narrated in the writ petition are that vide Government Notification No. 6513/Assistant IRCP 55 (S) 99 dated 18.8.1999 reference was made to the labour court which was registered as No. 282 of 1999 for adjudicating the dispute if removal of Tejpal Singh (respondent No. 2) from service is lawful. Before the lower court parties appeared and presented their case. The case of respondent No. 2 is that he was employed on 1.6.1987 as Beldar (work charge) on daily wages and he was retrenched without making payment of compensation required to be given under the law. As against this, the petitioner's case before the labour court was that in none of the years the respondent No. 2 worked for more than 240 days, as such, he has no protection of workman on dai...
Karan Pal Vs. State of U.P. and ors.
Court: Uttaranchal
Decided on: Oct-26-2004
Reported in: 2005(1)AWC209(UHC)
P.C. Pant, J.1. By means of this writ petition, filed under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari for quashing the appointment made against the post of instructor from any other source except from amongst the retrenched employees of Teletronix Limited (respondent No. 4). Further, a mandamus has also been sought for absorption of the petitioner by appointing him on the post of instructor against the existing vacancy as on 31.12.1995 and also for payment of salary w.e.f. 1st April, 1996. (This writ petition was filed before the Allahabad High Court in 1996 wherefrom it is received by transfer to this Court under provisions of U. P. Reorganization Act, 2000).2. Brief facts of the case, as narrated in the writ petition, are that the petitioner after passing out the High School examination obtained a technical diploma certificate from Industrial Training Institute in the year 1975. On the basis of said qualification, initially t...
Bhopal Singh Rawat Vs. Bharat Electronics Ltd.
Court: Uttaranchal
Decided on: Oct-26-2004
Reported in: 2006ACJ2175
Rajesh Tandon, J.1. Heard the learned counsel for the parties.2. Present appeal has been filed against the judgment and order dated 17.1.2000 passed by the Workmen's Compensation Commissioner, Garhwal Region, Dehra dun, thereby dismissing the application of the appellant for compensation.3. Briefly stated, appellant was posted in the establishment of the respondent as security guard since 5.10.1987. During his employment on 31.1.1992 at night he sustained head injury due to which he became 100 per cent blind. The employer of the petitioner has assured that he would be given compensation and amount incurred ices were also terminated illegally vide in treatment but no compensation paid to him by the factory management. His services were also terminated illegally vide order dated 17.3.1995.4. Along with the application for compensation under Workmen's Compensation Act, 1923 he also filed an application for condonation of delay on the ground that the petitioner has become completely blind ...
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