Court : Karnataka
Reported in : ILR1999KAR1147; 1998(6)KarLJ310
..... therefore, none of the authorities constituted under the act including the respondent-authority at hassan have any regulation in terms of section 72 of the act relating to recruitment and conditions of service for its officers and servants including those pertaining to grant of leave, leave allowance, pension and gratuity. ..... this act or any other law or of any order passed by the government or is prejudicial or detrimental to the interest of the authority he shall, within fifteen days of the passing of the resolution refer the matter to the government for the orders and inform the authority at its next meeting, of the action taken by him and until the orders of the government on such reference are received, the commissioner shall not be bound to give effect to the resolution; (b)xxxxxxxxx; (3) the commissioner shall have all the powers of a major head of the department of the state government under the karnataka civil services rules for the time being in force as in respect of the officers and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... if the scheme under sections 4, 5, 9 and 11 of the act in particular are put together and kept in view, it clearly follows that the entire procedure including conditions of service in a private school has been provided for by this special legislation and there is no need to fall back upon the general principles laid down by the judgments of the supreme court and high courts while dealing with cases under the other acts more particularly when the provisions of the special act are plain, clear and require no aid for its interpretation from outside. ..... removal or termination of service: (1) the services of a temporary employee other than on probation may be terminated by the management at any time without assigning any reason after giving one calender month's notice or by paying one month's salary (pay and allowances, if any) in lieu of notice. ..... (8) for the purpose of filling up the vacancies reserved under sub-rule (7) the management shall advertise the vacancies in at least one newspaper having wide circulation in the region and also notify the vacancies to the employment exchange of the district and to the district social welfare officer (and to the associations or organisations of persons belonging to backward classes, by whatever names such associations or organizations are called and which are recognised by government for the purposes of this sub-rule) requisitioning the names of qualified personnel, if any, registered with them. .....
Tag this Judgment!Court : Mumbai
..... if the scheme under sections 4, 5, 9 and 11 of the act in particular are put together and kept in view, it clearly follows that the entire procedure including conditions of service in a private school has been provided for by this special legislation and there is no need to fall back upon the general principles laid down by the judgments of the supreme court and high courts while dealing with cases under the other acts more particularly when the provisions of the special act are plain, clear and require no aid for its interpretation from outside. ..... removal or termination of service: (1) the services of a temporary employee other than on probation may be terminated by the management at any time without assigning any reason after giving one calender month's notice or by paying one month's salary (pay and allowances, if any) in lieu of notice. ..... (8) for the purpose of filling up the vacancies reserved under sub-rule (7) the management shall advertise the vacancies in at least one newspaper having wide circulation in the region and also notify the vacancies to the employment exchange of the district and to the district social welfare officer (and to the associations or organisations of persons belonging to backward classes, by whatever names such associations or organizations are called and which are recognised by government for the purposes of this sub-rule) requisitioning the names of qualified personnel, if any, registered with them. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR2638; 2005(1)KarLJ248
..... sri lakshminarayana, learned advocate for ksge association moved heaven and earth to justify the action of the association contending that since the government wanted to freeze dearness allowance; withdraw the scheme of leave encashment of earned leave and restrict commutation of pension to the extent of l/5th instead of l/3rd the president of the association, who had participated in the meeting convened by the government agreed and consented for adjusting the arrears of enhanced dearness allowance for a period of five months towards crf instead of freezing the dearness allowance, etc. ..... further, subject to the provisions of any law made by the legislature of the state, the conditions of service of officers and servants of a high court shall be such as may be prescribed by rules made by the chief justice of the court or by some other judge or officer of the court authorised by the chief justice to make rules for the purpose. ..... subba rao, learned senior counsel, appearing for the petitioners/employees of the aided educational institutions, reiterated the grounds urged in the writ petition and also submitted that the ksge association, which is registered under the karnataka societies registration act, 1960, with an object of promotion of education, science, literature, fine arts, charity and sports cannot play the role that of a trade union registered under the trade unions act, 1926. .....
Tag this Judgment!Court : Karnataka
..... this petition, the petitioner contends that by virtue of annexures-a to d, employees of the government are permitted to be appointed to work under the members of either legislature assembly or parliament and by virtue of these annexures, the services of the staff, employees and executives are kept under the control of the members of parliament and members of assembly and the same lacks ..... section 4 refers to travelling allowance provided to them and relevant provisions are 4(1 )a, b, c, which read as under:"4.travelling allowances-4(1) there shall be paid to each member in respect of every journey performed by him (in india) for the purpose of attending a session of house of parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from ..... the said enactment is called salary allowances and pension of members of parliament act ..... the learned counsel for the petitioners rely upon the following:a) an article of honble justice e.s.venkataramaiah, former chief justice of india, published in "the hindu" on 11.2.97;b) 1998(1) scc 226, in the case of vineeth naraian and ..... none of the notifications provide any personal privileges, facilities or amenities to the members of parliament but facilities are only to assist lok sabha members of karnataka in discharge .....
Tag this Judgment!Court : Karnataka Dharwad
..... 19431/2005 and 5145/2007 and upholding the contention of the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered in aided institutions be considered for qualifying service, the hon'ble high court on 13.10.2006 and 12.12.2007 allowed the writ petitions by directing reckoning of the service from initial appointment on the basis of actual emoluments drawn, including increments and promotions for non-grant period; and whereas, the state ..... . thus, section 87 of the karnataka education act, 1993 having been interpreted by this court as it is and held that not taking into consideration the date of entry into service for the purposes of pay, promotion, pension and other service benefits to the petitioners and similarly placed employees would tantamount to discrimination and hit by article 14 of the constitution of india, legislature is now precluded from nullifying the effect of judgments rendered by this court by impugned act in exercise of its plenary power since it is not validating any law declared by the courts as invalid or defective .....
Tag this Judgment!Court : Karnataka Dharwad
..... /2005 and upholding the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered institutions be in aided considered for qualifying service, the hon'ble high court on 13.10.2006 and 12.12.2007 allowed the writ petitions by directing reckoning of the service from initial appointment on the basis of actual emoluments drawn, including increments and promotions for non-grant period; and whereas ..... legislature has to lay down the norms of conduct or rules which will govern the parties and the transactions and require the court to give effect to them; (2) (3) (4) the constitution delineated delicate balance the the sovereign exercise of power by legislature, executive and judiciary; the in in a democracy governed by rule of law, the legislature exercises the power under articles 245 and 246 and other articles read with the entries in the respective the seventh schedule to make the law which includes power to amend the ..... (iii) respondent state shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was ..... the central sales tax act, 1956 was amended by central sales tax (amendment) act, 1969, whereunder the definition of turnover defined in section 2(j) was amended and the working of section .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... (ii) being eligible for the post in the state service or under the state government in accordance with the rules made in this behalf; (iii) the period spent by the person in the panchayat service, after transfer, can be counted for the purpose of seniority and pension; (iv) salary and allowance of the servant and officers of the panchayat service are to be paid from the funds contributed by the state government or raised by the panchayati raj institution in the discharge of the governmental functions; (v) pension is to be paid by the state government out of the consolidated fund of the state; (vi) recruitment by transfer to the government service on reduction or abolition of the post; (vii) transfer or re-transfer from the service to the government service ..... sub-section (4) also directs that the offices of the chairpersons in the panchayats at the village or any other level shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide. ..... further under sub-section (6), a state legislature may make any provision for reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level in favour of 'backward class of citizens'. ..... the chief executive officer (jt 1995 (4) sc 582), after referring-to various provisions of karnataka panchayat act, held that panchayat secretaries under the act are the state government servants.41. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP223
..... to any pension under the foregoing provisions of this sub-section, he shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem : provided also that every person, who served for any period as a member of the provisional parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993 be entitled to a pension of one thousand and four hundred ..... of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislature of the state by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such condition as were immediately before the commencement of this constitution applicable in the case of members of the legislative assembly of the corresponding ..... union pensions, that is to say, pensions payable by the government of india or out of the consolidated ..... for the purpose of this subsection a member of the madhya pradesh legislative assembly' shall include persons who become member of the legislative assembly of the new state of madhya pradesh by virtue of the provisions contained in section 28 of the states reorganisation act, 1956 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182
..... . having regard to the powers privileges and immunities of the mlas and also looking to the various acts regarding payments of salary, allowances and pension to the members of the legislative assembly and the various facilities and benefits extended to them for holding office and for discharging public duties, it can be held that the mla holds an office of profit, but it can not be held that his office is under the government ..... sc 2355), the supreme court had the occasion to examine whether the office of the chairman of improvement trust was an office of profit under the government and held that article 191(1)(a) of the constitution gives a wide power to the state legislature to declare by law what office or offices of profit held under the government shall not disqualify the holder thereof from being chosen or.for being a member of the state legislature and as such the action of the haryana state legislature exempting the office of the chairman of improvement trust from being 'office of profit', was not discriminatory.27. in the ..... vyas, learned senior advocate appearing for the petitioner in this revision cited before this court a catena of decisions available on the subject and argued vehemently and eloquently that the office of member of legislative assembly (mla) is an office of profit under government and by virtue of provisions of article 191(1)(a) of the constitution of india read with section 17 (1) (k) of the act of 1956, the respondent no. .....
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