Judgment Search Results Home > Cases Phrase: high court judges salaries and conditions of service act 1954 Page 2 of about 1,731 results (0.214 seconds)

Union of India (Uoi), Represented by the Secretary, Railway Board, Min ...

Court : Chennai

Reported in : 2005(3)CTC703

..... justice vijender jain, learned judge of the delhi high court, while considering similar claim of chairman and vice-chairman of central administrative tribunal, after considering rule 15-a of the central administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman and members) rules 1985 and i schedule of high court judges (salaries and conditions of service) act, 1954 as well as basing reliance on pratibha bonnerjea's case, arrived at a conclusion that the chairman and vice-chairman of central administrative tribunal are entitled to same condition of service as judges of the high court. ..... 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 central administrative tribunals ( salaries and conditions of service) act, 1954 on the basis of rule 15a of the said rules and memo dated 27-8-1999 issued by the department of personnel and training be fixed...... .....

Justice R.K. Mahajan (Retd.) Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC7

..... if a judge encashes the leave to the extent of maximum period prescribed under the all india service (leave) rules, 1955 on his retirement, he should not be entitled to encashment of leave earned by him while holding an office post retirement, because that would be contrary to the provision of section 4-a of the high court judges (salaries and conditions of service) act, 1954.15. ..... at enhanced rates due to him be released in view of the central government notification and amendment in the high court and supreme court judges (salaries and conditions of services) act, 1998 and rules framed there under from time to time. ..... though initially the government in its reply to the audit objections, prepared in annotated form (annexure-pk), took the stand that after the amendment of the high court and supreme court judges (salaries and conditions of service) act, 1998, the petitioner was entitled to draw house rent allowance at the rate of rs. ..... this proviso has no application where a judge after retirement is appointed to some other post, the terms and conditions of which are governed not by the constitution or the high court judges (salaries & conditions of service) act, 1954 or the rules framed thereunder.11. ..... a bare reading of section 22-a of the high court judges (salaries & conditions of service) act, 1954 makes it clear that a sitting judge is entitled to rent free accommodation and if he does not avail of this facility, he is entitled to a fixed amount of money, which was earlier rs. .....

Shri Shanker Prashad Mukerji Vs. Union OfIndia and anr.

Court : Delhi

..... in my opinion, reliance placed upon section 25(1) is misconceived because the high court judges (salaries and conditions of service) act, 1954 was passed way back in the year 1954 and amendment thereto was made w.e.f 1958. ..... counsel for the petitioner also sought to rely upon section 25(1) of the high court judges ( salaries and conditions of service) act, 1954 to argue that the said provision deals with the fact that the salary/pension of a judge will not be less than that which is payable to a judge on the passing of the act. ..... the object was that so far a high court judge who retired prior to 1954 is concerned, merely because the 1954 act was passed, the amount payable to a retired judge should not be reduced adversely. ..... in case of any ambiguity in the language, courts have regularly employed the principle of harmonious construction and which i adopt in the present case by taking language of section 10 of the act alongwith the language found in proviso to rule 8(2), and when so done it is clear that pension to a member or vice chairman or chairman, cat cannot at any time be in excess of the pension payable to a judge of the high court.8. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... ]. the conditions of service of a high court judge are governed by the high court judges (salaries and conditions of service) act, 1954 in terms of article 221 of the constitution. ..... judge. pursuant to this the supreme court judges (conditions of service) act, 1958 has been enacted; article 134(2) enables parliament to confer on the supreme court by legislation, further powers to entertain and hear appeals and criminal ..... constitution. the independence of the judiciary is a constitutional concept, regarded as a basic feature of the constitution, and includes insulating the judiciary from executive or legislative control, primacy of higher judiciary in the matter of appointment of judges to the high courts and the supreme court, non-amendability of conditions of service of judges of the supreme court and the high court to their ..... 217. appointment and conditions of the office of a judge of a high court- every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty two years: xxxxxx .....

G.K. Mathur Vs. Commissioner of Income Tax Meerut

Court : Allahabad

..... 8.12.1961 of the high court judges (salaries and conditions of service) act, 1954 defines 'pension' as follows:- "(gg) 'pension' means a pension of any kind whatsoever payable to or in respect of a judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits. ..... the notification for retired judges of high court and supreme court was issued by the department of pension and pensioner's welfare (ministry of personnel, pg and pension government of india) and is governed by rule 2 of the high court judges (condition of service) rules, 1956. ..... the tribunal held that the rules of 1958, are applicable to the high court judges by virtue of rule 2 of the high court judges (conditions of service) rules, 1956. ..... the tribunal held that payment of dearness relief to the retiring high court judges is governed by rule 2 of the high court judges (conditions of service) rules, 1956. ..... the appeal was admitted on the substantial questions of law as follows:- "(a) whether the receipt of the amount of dearness relief rs.53,640/- to the appellant, a pensioner (retired high court judge), in the assessment year 1998-99, is income and taxable as 'profit in lieu of salary' (section 17 (3) (ii) of income tax act? ..... the high court did not express any opinion as to whether the adhoc relief is a condition of service, which cannot be varied to the disadvantage of the judges in lieu of proviso to art.221 (2) of the constitution. .....

K. Sreedhar Rao Vs. Union of India Ministry of Law and Justice Secreta ...

Court : Supreme Court of India

..... while serving as acting chief justice, the petitioner was paid his salaries and allowances admissible to a chief justice, as contemplated in the second schedule, part d, paragraphs 10 and 11 of the constitution of india and under the high court judges (salaries and conditions of service) act, 1954 (hereinafter referred to as the 1954 act ). ..... 3.2 it is further submitted by shri kailash vasdev, learned senior advocate appearing on behalf of the petitioner that as per rule 2 of part i of the first schedule of the 1954 act, the pension payable to a judge to whom part i applies for pension shall be for service as chief justice in any high court rs.1,21,575/ per annum for each completed year of service and the pension payable to a chief justice shall in no case exceed rs.15,00,000/ per annum. ..... rule 2 of part i of the first schedule of the 1954 act provides that subject to the other provisions of part i, the pension payable to a judge to whom part i applies, pension shall be (a) for service as chief justice in any high court rs.1,21,575/ per annum for each completed years of service; (b) for service as any other judge in any high court rs. ..... it is submitted that as per section 2(1)(g) of the 1954 act, judge means a judge of a high court and includes the chief justice, acting chief justice, an additional judge and acting judge of the high court. .....

Shanker Raju vs.union of India & Anr.

Court : Delhi

..... the pension payable to the members of cat is linked with the pension of high court judges under part iii of 1st schedule of high court judges (salaries and conditions of service) act, 1954. ..... kaushik, vide its communications dated 28.1.2010, 4.3.2010 and 8.4.2010 have accepted that the pension payable to the members of cat appointed before 19.2.2007 has been in proportion to the pension per annum payable to a judge of high court and also that the pension payable to the members of cat is being linked with the pension of high court judges payable under the provisions of par iii of first schedule of the high court judges (salaries & conditions of service) act, 1954. ..... , under part iii of first schedule of high court judges (salaries & conditions of service) act, 1954. ..... it is further submitted by the petitioner that in the relevant truncated high court judges, conditions of service act, 1954, whereby in first schedule part iii, the formula for determination of pension meant for high w.p. ..... act, the pension was calculated under cat (conditions of service) rules, 1985 and after the amendment, at par with high court judges under part iii of the first schedule of act of 1954. ..... it is pertinent to mention here that, the pension is at par with pension of high court judges payable under part iii of 1st schedule under high court judges service conditions act of 1954. .....

Justice P. Venugopal Vs. State of Tamilnadu Rep. by the Chief Secretar ...

Court : Chennai

Reported in : (2007)1MLJ494

..... the division bench of this court, relied on rule 15 of the railway claims tribunal (salaries and allowances and conditions of service of chairman, vice chairman and members) rules 1989, which contemplates that notwithstanding anything contained in rules 4 to 14 of the rules, the conditions of service and other perquisites available to the chairman shall be the same as admissible to a serving judge of a high court and held that the claim made was based on rule 15 and not based on the high court judges (salaries and conditions of service) act, 1954 and dismissed the writ petition filed by the railways against the order of central administrative tribunal. ..... it should be remembered that in the first order dated 19.07.1981 appointing the petitioner as commission of inquiry, the performance of the petitioner was treated 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. ..... venugopal in the performance of the said function 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. .....

Gurjit Singh Vs. Registrar (General) and ors.

Court : Delhi

..... an application with the registrar general of this court, seeking reimbursement of medical expenses in terms of section 23 d of the high court judges (salaries and conditions of services) act, 1954 (in short 1954 act). ..... 309 of the constitution, the recruitment and conditions of service of the members the subordinate judiciary are to be regulated by the acts of the appropriate legislature and pending such legislation, the president and the governor or their nominees, as the case may be, are empowered to make rules regulating their recruitment and the conditions of service. ..... and purpose of cghs scheme is to grant medical benefit and not to deprive the medical benefit on technical grounds particularly when justice chawla enjoyed a special position being a retired judge of a high court ..... court, in that case, observed that this fact would make no difference in view of the status accorded under the constitution to both a sitting and a retired judges of a superior court, which included the high court ..... high time that all concerned appreciated that for the reasons pointed out above there cannot be any link between the service conditions of the judges and those of the members of the other services ..... , registrar general of this court, in his return upon service of notice in the petition, has taken a stand briefly that, retired judges of this court and/or their dependent family members are entitled to reimbursement of medical expenses only if, membership of the scheme is obtained upon payment of .....

All India Judges Association Vs. Union Of India .

Court : Supreme Court of India

..... the salaries for judges of the high court are the same across the country by virtue of the high court judges (salaries and conditions of service) act, 1954.37. ..... 44.6 the new mean pay percentage vis-a-vis the accepted salary of high court judge in relation to each cadre and grade as per p.182 of the report 44.7 the annual increment shall be @3% accepted cumulative, meaning thereby that the increment @3% has to be calculated on the previous years basic pay instead of fixed amount increments recommended by fnjpc and jpc. ..... 44.6 the new mean pay percentage vis-a-vis the salary of high court judge in relation to each cadre and grade as per p.182 of the report 44.7 the annual increment shall be @3% cumulative, meaning thereby that the increment @3% has to be calculated on the previous years basic pay instead of fixed amount increments recommended by fnjpc and jpc. ..... to be truly unified both in form and in substance, there must be integration in terms of pay, pension and other service conditions between the district judiciary, the high courts and the supreme court. ..... at the same time, rule 8 of the judges of the family courts (recruitment and service conditions) maharashtra rules, 1990 also provides that the judge shall draw pay and allowances at par with the judges (principal judge, additional principal judge and judge respectively) of the city civil court, bombay and at other places pay and allowances as admissible to the district judge.79. .....