January to March 2013 for PDF.pmd - Orissa High Court

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18CourtNewsGHANASHYAM PATRA & ORS.-V- UNION OF INDIA & ANR.FAO. NO.260 OF 2006 (Dt.14.12.2012)RAILWAY CLAIMS TRIBUNAL ACT, 1987 – S.123 (c ).Untoward incident – Deceased belongs to state of Orissa – Accident occurred when he was alonemoving in a local train in Mumbai – Not expected to get an eye witness – Documentary evidence showsthat the deceased fell down from the running train and sustained injuries – Railway authorities failed toadduce evidence to establish that claimants are not entitled to compensation – Held, order passed by theChairman and Member (Technical) of the Tribunal is set aside and the order passed by the Member(Judicial) holding that the claimants are entitled for compensation is confirmed.(B. K. Patel, J. )SUCHANDRA KU. NAYAK & ORS.-V- STATE OF ORISSA & ORS.W.P.(C) NO.27674 OF 2011 (Dt.02.11.2012)SERVICE – Petitioners were called to attend the selection process conducted by the SelectionBoard and were found qualified for the post of Junior Assistant – Their claim was rejected on the groundthat their case is covered by a decision of this Court in OJC No.3694/99 although it has really noapplication to the case of the petitioners – Held, petitioners are entitled to be absorbed in the post ofJunior Assistant – Direction issued for their appointment before the State Government goes for any freshselection for Junior Assistants in the L.R.S Cadre.( B. P. Das, J & B. K. Nayak, J. )PRABIR KUMAR DAS-V- STATE OF ODISHA & ORS.W.P.(C) NO.15779 OF 2012 (Dt.26.11.2012)COMPENSATION – Railway accident near an unmanned level crossing – Death of 14 persons –Writ petition for compensation – Opp.Parties took the plea of alternative remedy before the Railway ClaimsTribunal – Negligence on the part of the railway authorities – Held, it would be just and proper to awardRs.5,00,000/- each to the keen of the persons who have lost their life.( V. Gopala Gowda, CJ & B. K. Misra, J. )RASHMIREKHA PATRA & ORS.-V- STATE OF ORISSA & ORS.W.P.(C) NO.1716 OF 2012 (With Batch) (Dt.14.12.2012)EDUCATION – Whether the benefit provided under Resolution Dt.16.02.2008 to Education Volunteersworking in EGS Centres should be extended to the Education volunteers working in AIE Centres ? – Held,Yes.In this case both Education volunteers working in EGS/AIE Centres were disengaged pursuant toResolution Dt.16.02.2008 – Both the Centres are functioning under the same scheme – It is also notdisputed by the Opp.Parties that similarly situated persons in other districts have been engaged asGanasikshyaks under Sarba Sikshya Abhiyan – Discrimination and violation of Articles 14 & 16 of theConstitution of India – Held, O.P.1 is not justified to hold that petitioners who are working as Educationvolunteers in AIE Centres are not entitled to be engaged as Ganasikshyak and only Education volunteersworking in EGS Centres are to be rehabilitated as Ganasikshyaks under Sarba Sikshya Abhiyan.(B. N. Mahapatra, J. )
CourtNews19SUBASH CHANDRA PANDA-V- STATE OF ODISHA & ORS.W.P.(C) NO.24213 OF 2011 (Dt.13.12.2012)SERVICE – Dismissal of petitioner – Petitioner was neither allowed to engage an advocate todefend his case nor he was permitted to Cross-examine the witnesses examined by the corporation –Violation of principles of natural justice – Enquiry report submitted by the authority could not have beenaccepted by the Disciplinary authority but the same was accepted and second show cause notice wasissued – Past service record of the petitioner was not taken into consideration while imposing majorpunishment – Held, punishment imposed is shockingly disproportionate to the charges proved – Impugnedorder of removal of the petitioner from service is quashed as the same suffers from doctrine of proportionality.(V. Gopala Gowda, CJ & B. N. Mahapatra, J.)RAJASHREE NAYAK-V- STATE OF ORISSA & ORS.W.P.(C) NO.16218 OF 2012 (Dt.30.11.2012)EDUCATION – Admission into MBBS Course 2012 - Held, prioritization procedure adopted by O.P.2& 3 for admission, ignoring the merit list is illegal and violative of the rules of merit.In this Case out of total seats of 450 in Government Colleges 3% reserved for Ex-service mencategory (in short ESM Category ) which comes to 14 – Petitioner secured 15 rank under ESM category– Candidates placed at Sl.Nos.1,2 & 3 took admission under General category and Sl.No.14 was foundunsuitable to take admission so petitioners’ position comes to Sl.No.11 in ESM Category -When Opp.Partiesallowed candidates to take admission whose positions were below the rank of the petitioner on the basisof prioritization procedure ignoring the case of the petitioner, he filed this writ petition - Held, Directionissued to Op.2 & 3 to give admission to the petitioner in MBBS course as per her rank under ESM quota.( Sanju Panda, J.)SPECIFIC RELIEF ACT, 1963 – Ss.31, 34.DILLIP KUMAR SAHOO-V- MALATI ROUT & ORS.R.S.A. NO.153 OF 2010 (Dt.14.12.2012)Registered document – Presumption is, it is validly executed and prima facie it is valid in law –Onus lies on the person who wants to rebut such presumption.In this case plaintiffs plead that fraud practiced on them while executing General Power of AttorneyExt-1 in favour of Defendant No.2 and the impugned sale deeds Exts-B & C executed by Defendant No.2in favour of Defendant No.1 are the outcome of such fraud – No prayer in the suit to declare G.P.A. Ext.1void – Both the Courts below failed to take note of the evidence of plaintiff No.3, examined as P.W.1, thatthey were present in the office of the Sub-Registrar on the date of sale of the suit land and raised noobjection against such registration – Held, G.P.A. Ext.1 is a valid document so also the sale deeds Exts.B & C – Defendant No.1 has acquired title over the suit property on the strength of the above sale deedsas true owner and acquired right to enforce the right, title and interest over the suit property.( B. K. Patel, J.)
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