Judgment Search Results Home > Cases Phrase: high court judges salaries and conditions of service act 1954 Page 1 of about 1,731 results (0.221 seconds)

Mr. Devendra Kumar Agrawal Son of Late Shri Raj Kumar Vs. Union of Ind ...

Court : Delhi

Reported in : 102(2003)DLT461; 2003(1)SLJ177(Delhi)

..... hold that grant of pension in terms of rule 15-a of the rules and service conditions of act, 1954 has to be applied to the petitioner and his pension be determined in accordance with part iii of first schedule to high court judges (salaries and conditions of service) act, 1954 and additional pay in accordance with sub-paras (a) an (b) of para 2 of part iii of first schedule to high court judges (salaries and conditions of service) act, 1954 on the basis of rule 15-a of the said rules and memo dated 27.8.1999 issued by the department of personnel and training be fixed ..... notwithstanding anything contained in rule 4 to 15 of the said rules, the conditions of service and other perquisites available to the chairman and vice chairman of the cat shall be same as admissible to a serving judge of high court as contained in high court judges (salaries and conditions of service) act, 1954 and high court judges (traveling allowances) rules, 1956 ..... that the petitioner was entitled to pension as vice chairman in the light of sub-para (a) and (b) of para 2 of part iii of first schedule to high court judges (salaries and conditions of service) act, 1954, same are reproduced below:-'the pension payable to such a judge shall be:- (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated as service therein for the purpose of calculating that pension; and (b) a special additional pension of rs. 5200/= p.a .....

Prasana Kumar Patra Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2006(I)OLR156

..... petitioner is that his service conditions as a judge of this court are covered under high court judges (salaries and conditions of service) act, 1954 and part-ill of the first schedule of the said act is applicable to the petitioner being a judge elevated from judicial service. ..... stated in the counter affidavit that the petitioner is entitled to get death-cum-retirement gratuity as per the provisions contained in section 17(a)(2) of high court judges (salaries and conditions of service) act, 1954 read with para-2(a) and (b) of part-ill of first schedule. ..... rates for the retired high court judges who have opted pension under part-ill of the first schedule of the act vests with the state government alone and the union cannot make any law ..... 27.10.1997 in respect of the employees including the members of state higher judicial service, then such judges of high court or supreme court, would also be entitled to the dcrg as per the said office memo ..... opposite party no.4 has intimated the accountant general of all the states that death-cum-retirement gratuity in case of part-iii judges of high courts and supreme court be calculated as per the provisions of section 17-a(2) of the act, 1954 i.e. ..... pursuant to the aforesaid decision of the apex court the central government vide letter dated 2.4.1998 directed the state government to revise the pension admissible to the service judges under part-ill of first schedule of the act, with effect from 1.1.1996 as has been done in the case of the employees .....

Accountant General, M.P. Vs. S.K.Dubey and anr.

Court : Supreme Court of India

..... the pension for the period of service rendered by the respondent as judge of the high court has been determined under the first schedule of the high court judges (salaries and conditions of service) act, 1954 (for short, '1954 act'). ..... . venugopal (supra), a bench of three judges of this court has laid down that a high court judge is entitled to pensionary benefits only in terms of the high court judges (conditions of service) act, 1954 and not otherwise ..... . state consumer disputes redressal commission41022total15404amount of pension under part-i of the high court judge (conditions of service) act 1954 and as per government of india ministry of law and justice department of justice dt ..... . in the order for counting the said services, there is no mention about admissibility of gratuity and commutation of pension.it was also pointed out that it was not proper to revise the pension of the first respondent as sanctioned by the president of india without amendment in the high court judges (conditions of service) act, 1954 ..... . the salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the state commission (which include the president) are governed under the above act ..... union of india and another15 and held that a high court judge was entitled to pensionary benefits only in terms of the 1954 act and not otherwise.the court went on to observe (para 16; pgs. .....

Justice P. Venugopal Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3887; JT2003(Suppl1)SC505; 2003(7)SCALE197; (2003)7SCC726; 2004(1)LC332(SC)

..... it is at this juncture profitable to refer to section 14, 15 and 16 of the high court judges (salaries and conditions of service) act, 1954 (hereinafter referred to as 'the said act'): '14. ..... notwithstanding anything contained in rules 4 to 15 of the said rules, the conditions of service and other perquisites available to the chairman and vice-chairman of the central administrative tribunal shall be the same as admissible to a serving judge of a high court as contained in the high court judges (conditions of service) act, 1954 and high court judges (travelling allowances) rules, 1956'19. ..... venugopal in the performance of the said functions will count as 'actual service' within the meaning of paragraph 11(b)(i) of part 'd' of the second schedule to the constitution of india read with section 2(1)(c)(i) of the high court judges (conditions of service) act, 1954. ..... pension payable to him under part ii or, as the case may be, part iii of the first schedule before the date on which the high court judges (conditions of service) amendment act, 1976, receives the assent of the president cancel such election and elect afresh to receive the pension payable to him under part i of the first schedule and any such judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said part .....

M. Rama Krishna S/O Late M. Seshagiri Rao and anr. Vs. the Government ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT330

..... therefore it is necessary to refer to the relevant provisions-insofar as pension is concerned; payable to high court judges under the high court judges (salaries and conditions of service) act, 1954 (hereafter, judges act). ..... 4990 of 2003, it is stated as under.it is submitted that it is true that the payment of salary and pension of the petitioner are governed by the a.p.lokayukta and upa lokayukta act and apla & ula (conditions of service) rules, 1986 which provide for equating the pay and allowances, pension and other conditions of apla & ula with that of chief justice and judge of high court respectively. ..... as pointed out earlier, allowances, salary and pension payable and other conditions of service of lokayukta/upa-lokayukta shall be as those of chief justice/judge of high court of andhra pradesh and shall not be varied to the disadvantage after appointment. ..... (5) the allowances and pension, payable to and other conditions of service of the lokayukta or upa-lokayukta shall respectively be the same as those of the chief justice or a judge of the high court of andhra pradesh:provided that the allowances and pension payable to, and other conditions of service of, the lokayukta or upa-lokayukta shall not be varied to his disadvantage after his appointment.9. ..... as per section 5(4) of lokayukta act, offices of lokayukta and upa-lokayukta are equated to offices of chief judge and judge of high court of andhra pradesh respectively, for payment of salary. .....

Justice Neelam Sanjiva Reddy and ors. Vs. Government of India, Ministr ...

Court : Andhra Pradesh

Reported in : 2003(2)ALT328

..... in view of this judgment of the earlier division bench of this court we have no doubt in our mind that section-17-a of the high court judges (salaries and conditions of service) act, 1954 as amended by act 7 of 1999 is ultra vires to the constitution to the extent of absurdity which has been pointed out hereinabove and therefore we direct that, in the matter of family pension to the judges of the high court the government should calculate the family pension at the rate of 30% of the last pay drawn by the judge concerned and not on the basis of pension drawn by him. ..... the grievance of the petitioners is that, section 17-a of the high court judges (salaries and conditions of service) act, 1954 as amended by act 7 of 1999 is discriminatory and offending to article 14 of the constitution of india. ..... family pension and gratuities -- where a judge who, being in service, on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of sixty per cent of the pension admissible to him on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the judge for ..... the court struck down section 16-a of the high court and supreme court judges (conditions of service) amendment act, 1986 as being discriminatory .....

N. Kannadasan Vs. Ajoy Khose and ors.

Court : Supreme Court of India

Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104

..... definitions have also been referred to in the high court judges (salaries and conditions of service) act, 1954 (for short 'the 1954 act'). ..... as an additional judge of a high court is not appointed on probation, the high court committed a serious error in applying in the theory of `confirmation in service' which is foreign to the concept of appointment and status of a high court judge.4. ..... the chief justice of the high court and the chief justice of india and the collegium of the supreme court and of the central government that a person should not be considered as a judge on grounds of unsuitability and as being public interest, are not vital and decisive considerations that should weigh with the chief justice of the high court in considering the same person for appointment to any judicial office under the consumer protection act, 1986 or any other similar offices in other tribunals & commissions ?ii) since an independent ..... (as his lordship then was) traced the history of appointment of ad hoc or temporary judges, the provisions of the government of india act, 1915; section 220 of the government of india act, 1935 and the speech of sir tej bahadur sapru expressing his firm opposition to the practice of appointing acting or additional judges to note that the drafting committee took the view that 'it was possible to discontinue the system of appointment of temporary and additional judges in the high courts altogether by increasing, if necessary, the total number of permanent .....

V.K. Jagdhari Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 125(2005)DLT636; 2005(85)DRJ160

..... oberoi's case cannot be pressed into service because that pertains to entitlement of a retired high court judge who, both in terms of constitution as also in terms of high court judges (salaries and conditions of service) act, 1954 is entitled to a definite status equivalent to that of a union deputy minister which is not the case with other public servants. ..... it is submitted that the observations with regard to coverage relating back from a prior point in time have to be read in the context of the essential or basic entitlement of the beneficiary there and his peculiar status as a former high court judge which could not have been disputed.11. ..... union of india, : 2002(64)drj620 , the court after considering the rulings of the supreme court and other judgments of this court held that a pensioner cannot be discriminated against merely because he has not opted for a cghs scheme and resides outside a non-cghs area. ..... if the condition for treatment and reimbursement is that a person has to reside only in a cghs area, and that if on account of deteriorating health a person living outside the cghs area would be disentitled to treatment or benefit, that amounts to un-reasonable classification and arbitrariness.10. mr. ..... the position emerging from various decisions of this court may be summarised as follows:1) even if employee contributes after availing medical facilities, and becoming member after treatment, there is entitlement to reimbursement (db) govt. .....

Smt. Raman Khaskalam Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2008(5)MPHT150

..... petitioner moved the secretary, government of india, ministry of personnel, public grievances and pension, department of personnel & training through the registrar of the tribunal by letter dated 7/10-4-2001, but by letter dated 9-7-2001, the under secretary, government of india, ministry of personnel, public grievances and pensions, department of personnel & training informed the registrar of the tribunal that as per section 8 of the high court judges (salaries and conditions of service) act, 1954, no salary or allowances during or in respect of extra-ordinary leave is granted to a high court judge. ..... administrative tribunal (salaries, allowances and conditions of services of chairman, vice chairman and members) rules, 1986 (for short 'the rules of 1986') provides that the conditions of services and other perquisites available to the chairman and vice chairman of the tribunal shall be the same as admissible to a serving judge of a high court as contained in the high court judges (conditions of service) act, 1954 and high court judges (travelling allowances) rules, ..... tribunal (for short 'the tribunal'), allowances under sections 22-a (2) and 22-c of the high court judges (conditions of service) act, 1954 (for short 'the act of 1954') are payable to him.2. ..... of the rules of 1956 provides that the conditions of service and other perquisites available to vice chairman of the tribunal are the same as admissible to a serving judge of a high court as contained in the act of 1954. .....

S.R. Adige Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(92)SLJ137CAT

..... in view of discussion above, i hold that grant of pension in terms of rule 15-a of the rules and service conditions of act, 1954 has to be applied to the petitioner and his pension be determined in accordance with part iii of first schedule to high court judges (salaries and conditions of service) act, 1954 and additional pay in accordance with sub-paras (a) and (b) of para 2 of part iii of first schedule to high court judges (salaries and conditions of service) act, 1954 on the basis of rule 15-a of the said rules and memo dated 27.8.1999 issued by the department of personnel and training be fixed. ..... rule 15-a of the rules provided that notwithstanding anything contained in rules 4 to 15 of the aid rules, the conditions of service and other perquisites available to the chairman and vice chairmen of the cat shall be same as admissible to a serving judge of high court as contained in high court judges (salaries and conditions of service) act, 1954 and high court judges (travelling allowances) rules, 1956. .....