Court : Jharkhand
..... both these petitioners stood allocated to the successor state of jharkhand pursuant to the re-organization of the parent state of bihar under the provisions of bihar reorganization act, 2000 and in terms of the orders issued by the ministry of personnel, public grievance and pension, government of india vide office order ..... for the petitioner submits that the act of 1982 is applicable to the state of jharkhand on its adoption under the provisions of bihar reorganization act, 2000. ..... is further submitted that respective scale of pay upon grant of a.c.p by the successor state of bihar before their allocation cannot be reduced in the present state of jharkhand and that too after their retirement, as it would amount to change in service conditions of the petitioner to their detriment, the same being in teeth of section 73 of the bihar reorganization act, 2000. ..... masih (white washer) reported in 2015(1)jbcj (sc) 318 in support of the ground of challenge that such a recovery after retirement of the petitioners belonging to class-iii post and in circumstances when such payments have made over a period of 5 years is unworthy of being recovered.8. ..... has been asked to deposit the said amount in lump sum so that consideration could be accorded to his claim for third m.a.c.p in the scale of rs.9300-34,800 with grade pay of rs.5,400/-. ..... under the bihar agriculture service,1982 and as per the schedule given there under, class-i and class-ii service does not include the post of inspector, weights and .....
Tag this Judgment!Court : Jharkhand
..... both these petitioners stood allocated to the successor state of jharkhand pursuant to the re-organization of the parent state of bihar under the provisions of bihar reorganization act, 2000 and in terms of the orders issued by the ministry of personnel, public grievance and pension, government of india vide office order ..... for the petitioner submits that the act of 1982 is applicable to the state of jharkhand on its adoption under the provisions of bihar reorganization act, 2000. ..... is further submitted that respective scale of pay upon grant of a.c.p by the successor state of bihar before their allocation cannot be reduced in the present state of jharkhand and that too after their retirement, as it would amount to change in service conditions of the petitioner to their detriment, the same being in teeth of section 73 of the bihar reorganization act, 2000. ..... masih (white washer) reported in 2015(1)jbcj (sc) 318 in support of the ground of challenge that such a recovery after retirement of the petitioners belonging to class-iii post and in circumstances when such payments have made over a period of 5 years is unworthy of being recovered.8. ..... has been asked to deposit the said amount in lump sum so that consideration could be accorded to his claim for third m.a.c.p in the scale of rs.9300-34,800 with grade pay of rs.5,400/-. ..... under the bihar agriculture service,1982 and as per the schedule given there under, class-i and class-ii service does not include the post of inspector, weights and .....
Tag this Judgment!Court : Patna
..... in view of the fact that the matter relates to interpretation of the provisions of the bihar reorganisation act, 2000 dealing with both the states, it cannot be said that this court does not have jurisdiction more so when the right given to the petitioning-company under section 65 of the said act to continue to function in the areas in which it was functioning immediately before the appointed day, until otherwise provided for in any law, or ..... the trade of kendu leaves in derogation to the provisions of section 65 of the bihar reorganisation act, 2000 as well as the provision of the bihar kendu leave (control of trade) act, 1973 and rules made thereunder vide gazette notification s.o. ..... and in the present case, sections 65 and 66 of part vii, which provides that notwithstanding anything contained in the foregoing provisions of part vii, each of the companies specified in the ninth schedule to this act shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor states, or in any direction issues by the central government, continue to ..... (i) accelerate and increase forest production and productivity; (ii) contribute to better utilisation of forestry products including timber, fuelwood, climbers, herbs, fruits and seeds, leaves and any product of the forest; (iii) contribute to the development of industries based on forest products; and (iv) increase the availability of supplies of forest products whether major or minor.3. .....
Tag this Judgment!Court : Patna
..... the present state of bihar must always in such cases remind itself that the bihar reorganization act 2000, was enforced with effect from 15.11.2000,the appointed day on which date the new state of jharkhand was created comprising of the territories mentioned in section 3 of the act, and prior thereto formed part of the undivided state of bihar. ..... it appears from the merit list published in the local dailies on 20.5.2005 (annexure 1 to cwjc-no.7505 of 2005), that 89 persons of the general category, 29 candidates of scheduled castes, 5 persons of the category of schedule tribes, 33 candidates of most backward classes, 22 candidates of backward classes, and 6 backward category of women have been recommended. ..... i am therefore, clearly of the view that reservation of vacancies for schedule tribes shall have to be ensured as per the law and the roster system in force till 15.11.2000, with respect to the vacancies which have occurred till 15.11.2000, and there can be reduction of reserved seats thereafter. ..... in other words, the rules provide for promotion opportunities to the serving class iii employees of the state government to the gazetted ranks of the bihar government with detailed terms and conditions of vacancies, eligibility, mode and manner of selection process to be conducted by bpsc, etc.3. ..... i shall first take up the first two issues, and, if the need arises, the third issue thereafter.45. .....
Tag this Judgment!Court : Supreme Court of India
..... in exercise of power under section 41 of the states reorganisation act, scheduled castes and scheduled 29 tribes lists modification under order 1950 was issued dated 29.10.1956. ..... of such tribes or communities, removal of area restrictions and bifurcation and clubbing of entries; imposition of area restriction in respect of certain castes in the lists of scheduled castes, and the exclusion of certain castes and tribes from the lists of scheduled castes and scheduled tribes, in relation to the states of andhra pradesh, arunachal pradesh, assam, bihar, goa, gujarat, himachal pradesh, jharkhand, karnataka, kerala, madhya pradesh, maharashtra, manipur, mizoram, orissa, sikkim, tamil nadu, tripura, uttar pradesh ..... record that the state of maharashtra even though it had recommended vide letters dated 26.03.1979 and 12.06.1979 to include gowari in the list of scheduled tribes but on 06.11.1981 state of maharashtra wrote to ministry of home affairs, new delhi where dealing with the subject of the scheduled tribes in paragraph 3(iii) following was stated: 3(iii) following tribes do not fulfill the criteria of s.ts and hence state government does not consider it necessary to include them in the list of s.ts of this ..... it is only, as evidenced from the translated version, that the community lohar came to be wrongly translated for the word lohra or lohara and shown to have been included in the second schedule, part iii, applicable to bihar state. mr. b.b. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... service personnel into their proper places so as to make a compact homogenous service and if that is the sense in which the word 'integration' was used by he parliament in the bombay reorganisation act, 1960 which deals with a similar subject matter and which seeks to solve similar problems, it can be safely assumed that the parliament used the word 'integration' in the same sense in ..... equating posts :(i) the matters and duties of a post; (ii) the responsibilities and powers exercised by officer holding a post; the extent of territorial or other charge held or responsibilities discharged;(iii) the minimum qualifications, and if any, prescribed for recruitment to the post and (iv) the salary of the post.an agreement was also reached as regards determination of relative seniority as between ..... answer to the contention of mr.v.b.patel that the act in the present case was an act made by the parliament under article 3 and that the act could, therefore, contain not only such provision for the amendment of the first schedule and the forth schedule as might be necessary to give effect to the provisions of the act but also such supplemental, incidental and consequential provisions ..... by the central government of the representatives of the central government and the representatives of the states of andhra pradesh, bombay, bihar kerala, madhya pradesh mysore, madras, punjab, rajasthan and west bengal. ..... advocate who appears on behalf of the third respondent, has contended before us that no .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP43; [1964(8)FLR436]
..... it was argued that under section 125(2) of the states reorganisation act the industrial court at indore had no jurisdiction to decide the question whether the reference made under the notification dated 22nd august 1955 was a composite reference or in effect embodied separate references in regard to each of the eleven mills, enumerated in schedule i, and whether under that reference the proceedings in relation to the petitioner-mills and the b. n. c. ..... was substituted : '(c) any proceedings pending under the provisions of the acts so repealed or any proceedings maintainable under the said acts in pursuance of the provisions of clause (b) before a court or authority specified in column (1) of schedule iii shall, as the case may be, stand transferred to or, be instituted in or before, the court or authority specified in the corresponding entry in column (2) thereof, and shall thereupon be disposed of or proceeded with as if the said acts had not been repealed and any penalty imposed in such proceedings ..... rejected by the industrial court, indore, taking the view that the effect of the amendments made by sections 20 and 21 of the amending act of 1961 was to make the new proviso (c) to section 112 and schedule iii a part of section 112 of the act of 1960 and no separate notification was necessary under section 1(3) of the principal act for bringing into force the provisions of section 112, as they stood originally or after amendment in 1961; that the reference made by the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR716; 2008(1)BomCR126; 2008(2)MhLj179
..... reorganisation act, 1960 and ord-ers issued by government in this behalf ..... or inter-religion marriage;(14) for this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:(a) for reasons reasons reasons (i), (ii) and (iii) above:in greater bombay:(a) the chief presidency magistrate or the presidency magistrate authorised by him; or(b) justice of peace; or (deleted). ..... scheduled castes and as per scheduled castes and scheduled caste scheduled ..... transpires that the petitioner does not belong to 'chhatri' scheduled tribe, however, is a member of 'shimpi' caste. ..... in the petition, it is evident that petitioner secured a certificate in the year 1993 and was appointed on the strength of said certificate as against a seat earmarked for scheduled tribe category candidate on 29.03.1997. ..... scheduled tribes vide part vii-a of the seventh including those outside and eighth schedule ..... the committee that the petitioner has manipulated the school record to grab opportunities of real scheduled tribe persons.16. ..... of perusing the report tendered by the vigilance officer wherein it is specifically observed that petitioner is not conversant with the peculiar traits and characteristics of 'chhatri', scheduled tribe. ..... affinity test is concerned, it is observed by the committee that the petitioner and his family members do not even possess basic knowledge of traits, characteristics, customs and culture of 'chhatri', scheduled tribe. .....
Tag this Judgment!Court : Guwahati
..... tad/r/35/50/109, dated the 23rd february, 1951, issued by the governor of assam under the proviso to sub paragraph (3) of the said paragraph 20 [as it stood immediately before the commencement of the north-eastern areas (reorganisation) act, 1971 (18 of 1971)], any income which accrues or arises to him,-- (a) from any source in the areas, states or union terrotiries aforesaid, or,(b) by way of dividend or interest on securities ;'. 4. ..... , it is clear that the following conditions must exist in order to entitle a person to the exemption : (i) he should be a member of a scheduled tribe as defined in clause (25) of article 366 of the constitution ;(ii) he should be residing in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution, or the state or union territories mentioned in this provision ;(iii) the income in respect of which exemption is claimed must be an income which accrues or arises to him-- (a) from any source in the ..... claim of the assessee was rejected by the income-tax officer on the ground that the exemption was available only to the individual members of the scheduled tribes and not to the family comprising such members. ..... there is also no controversy that khasis are members of a scheduled tribe as defined in clause (25) of article 366 of the ..... must be remembered that section 10(26) is a beneficial provision intended to provide protection to the members of the scheduled tribes from the burden of income-tax. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal373
..... thereafter came the constitution (seventh) amendment act as a sequel to the states reorganisation act of 1956 on 1-11-56 whereby in the first schedule of the constitution express reference was made to chandernagore under the state of west ..... i, page 682, the notification recites as follows:-- 'in exercise of the power conferred by sub-section (1) of section 3 of the west bengal land (requisition and acquisition) act, 1948 (west bengal act ii of 1948), the governor is pleased, hereby, to authorise each of the collectors and the deputy commissioners mentioned in the schedule below to requisition, by order in writing, in pursuance of the provisions of the said sub-section (1) of the said section 3, any land within the local limits of ..... the argument briefly on this point is that a statute which is not only limited in area but also limited in time is outside the purview of section 17 of the chandernagore (merger) act, 1954 and does not answer the test of the word 'generally' used there, i am unable to accept this argument because even a temporary statute, as distinguished from a permanent, if it applies generallywithout exception cannot be excluded on a true ..... is provided by article 13 that the existing laws when the constitution came into force which clashed with the exercise of fundamental rights conferred by part iii of the constitution will be to the extent of their inconsistency void while post-constitutional laws inconsistent with such fundamental rights would be void ab initio. .....
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