Judgment Search Results Home > Cases Phrase: local authorities pensions and gratuities act 1919 Sorted by: recent Court: kerala Page 1 of about 52 results (0.139 seconds)

U.Suresh Kumar Vs. State of Kerala

Court : Kerala

..... service under the government, a local body, a university or private college or aided school or any other body wholly or substantially owned or controlled by the government and who is in receipt of, or has received or has become entitled to receive any retirement benefits by way of pension, gratuity, contributory provident fund or otherwise his salary mentioned in clause (1) shall be reduced by such amount not exceeding the pension (including any portion of the pension which may have been commuted) and the pension equivalent of other retirement benefits ..... the commencement of the constitution (seventh amendment) act, 1956, shall mean the government of the state of travancore-cochin; and (c) as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956 shall mean the government of the state of kerala' and shall, in relation to functions entrusted under article 258 a of the constitution to the government of india, include the central government acting within the scope of the authority given to it under that article;" thus it is argued .....

Prof. K.K. George (Dr.) Vs. The State of Kerala

Court : Kerala

..... that as per ext r5(b) order of the university issued on 7.6.2001, university irregularly sanctioned pension and gratuity to petitioner reckoning his qualifying service as 30 and 33 years, as against his 20 years service in the university, which is contrary to ..... seen from their letter addressed to local fund authority, has relied on several judgments as well as government orders to show that the pension was fixed correctly and that he has every right to continue to enjoy the same with the benefit of revision ordered from time to time and that the denial of the benefits towards pension on the basis of the objection raised by the local fund audit is not correct.8 ..... audit report of cusat for the year200102 (lf(cusat)a3-7/2004 dated43.2005) issued under section364) of the cusat act, 1986 and section13of kerala local fund audit act, 1994 and rule18of kerala local fund audit rules1996 ext.r5(b): true copy of order no.fin.iv/pen-r.77/2000/ugc/2001 dated76.2001. ..... annual accounts of cusat for the year201112 submitted to the joint director of local fund audit, cusat audit, kochi, under section91) of kerala local fund audit act, 1994 and rule151) of kerala local fund audit rules, 1996. ..... of 2013-c14the university has gone wrong, government has every power to correct them while supervising the activities of the university under section 50 (5) of the cusat act, which empowers the government to conduct an inspection at any time in respect of the activities of the university, which reads as follows:"0. .....

V.K.Mohanan Vs. Alappuzha Muncipality

Court : Kerala

..... grievance of the petitioners is regarding non-payment of terminal benefits due to them, such as death cum retirement gratuity, commuted value of pension, terminal leave surrender, da arrears, pension arrears etc.2. ..... p4:- true copy ofapplication dtd1612/2013 made before the appellate authority, alappuzha municipality under the right to information act ext. ..... p6:- true copy of communication dtd161/2013 from the appellate authority,alappuzha municipality under the right to information act ext. ..... p1:- true copy of letter dtd1911/2013 of the deputy director, local fund audit ,alappuzha ext. ..... preference shall be given to payment of eligible dcrg and commutation of leave, at the earliest possible. sd/- c.k. ..... 3760/2014 were retired on 31.10.2010 and 31.07.2012, respectively. .....

State of Kerala Vs. Mythri Vidya Bhavan English Medium School

Court : Kerala

..... is clear from the above provision is that the appropriate government or local authority has the authority to fix terms and conditions of service of teachers and staff which includes the salary, allowances and all other service benefits payable to them including pension. ..... therefore, fixation of pay to staff and teachers at par with government schools which is beyond the financial capacity of many managements, will lead to increase in fees above reasonable levels, compelling children to leave schools with syllabus and medium of education of their choice defeating the objective of rte act which is to impart education through schools run by the government, local authority, aided schools as well as unaided ..... (3) specifically states that pay and allowances, medical facilities, pension, gratuity, provident fund etc. ..... case of the government is that the impugned notification is issued in exercise of powers conferred on them under the rte act and the kerala rules framed thereunder, the case of the petitioners is that state government has no authority to issue the notification because the "appropriate government" under section 2(a) of the rte act for schools affiliated to cbse and icse boards which are under the control of the department of human resources development of the central government, is the ..... scales of pay and allowances, medical facilities, pension, gratuity, provident fund, and other prescribed benefits of teachers shall be at par for similar qualification, work and experience. .....

Manicherry Saseendran Vesus P.V. Leela and Others

Court : Kerala

..... service rules states that the word 'pension' used in the rule does not include death-cum-retirement gratuity and that the liabilities fixed against an employee or pensioner can be recovered from the death-cum-retirement gratuity payable to him without the departmental/judicial proceedings referred to in the rule, but after giving the employee or pensioner concerned a reasonable opportunity to explain. ..... make a nomination conferring on one or more persons the right to receive any gratuity that may be sanctioned under rules 67 and 69 and any gratuity which having become admissible to him under rule 66 has not been paid ..... therefore, is that whether we think it desirable or not in this case to grant a succession certificate the court cannot give a succession certificate, because the gratuity in question does not form part of the estate of the deceased but is merely a sum paid to particular persons, who are not necessarily the heirs of ..... where such wills are of the classes specified in clauses (a) and (b) of section 57; and16 (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962 (16 of 1962), where such wills are made within the local limits of the ordinary original civil jurisdiction of the high courts at calcutta, madras and bombay, and where such wills are made outside those limits, in so ..... i do not think that air 1929 sind 176 is an authority which supports the contesting respondents, particularly when the rules in .....

Philomina Francis Vs. the Accountant General of Kerala and ors.

Court : Kerala

Reported in : 2008(1)KLJ83

..... , though not treated as government dues may be recovered from the death-cum-retirement gratuity payable to him with his consent in writing.referring to the same, learned counsel for petitioner would contend that state bank of travancore is not a government company because it does not fall under the companies act and it is only a government company falling under the companies act that fall within the purview of the words 'government company'. ..... it escape my understanding how in such circumstances a public body like the state bank of travancore which is a statutory corporation which is ultimately controlled by the government and in fact which is even regarded as an authority under article 12 of the constitution of india should be treated as falling outside the ambit of the ruling. ..... from the dcrg, as according to him, ruling 1 to rule 3 of part iii ksr, is inapplicable to the state bank of travancore, the third respondent ruling 1 to rule 3 of part iii ksr is extracted hereunder:amounts due from a government employee or pensioner to government companies, local bodies, co-operative societies, etc. ..... r3(a) the petitioner has indeed granted authority in writing granting consent to the recovery of the amount from the dcrg. ..... designedly, the rule making authority when it used the word 'etc. ..... according to her, respondents 1 & 2 have no authority to recover any amount from the dcrg due to petitioner towards the bank's liability. ..... r3(a) is produced as irrevocable letter of authority.4. .....

Chrisostom Vs. Federal Bank Ltd.

Court : Kerala

Reported in : [1992(65)FLR695]; (1993)ILLJ422Ker

..... of the civil procedure code states that stipends and gratuities allowed to pensioners of the government or of a local authority or of any other employer or payable out of any service family pension and notified in the official gazette by the central government or the state government in this behalf, and political pensions are not liable to be attached for the sale and execution of a decree. ..... prior to 1976 amendment, stipends and gratuities allowed to the pensioners of government alone were exempted from ..... the appellant raised objection by contending that the pensionary benefits such as gratuity is not liable to be attached under section 60(1)(g) of the civil procedure code and therefore an injunction shall not be granted under order 39, rule 1 and 2 of c.p.c the court below held that even if the amount is not liable to be attached under section 60(1)(g) of ..... is clear that in this case the court would not be in a position to pass an effective order with regard to this amount and as the court cannot effectively pass any order relating to this amount, interim injunction shall not be granted. ..... plain reading of section 60(1)(g) makes it clear that the gratuity payable to the appellant is not liable to be attached ..... moreover the mandate of section 60(1)(g) is that gratuity payable to the employee is not liable to be attached for being appropriated towards ..... but by cpc amendment act, 1976 the gratuities payable by the local authority or any other employer are also liable to be exempted under .....

Muraleedharan Vs. Principal

Court : Kerala

Reported in : (1989)IILLJ119Ker

..... an employee of the authority and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if the act had not come into force and shall continue to do so until his employment in the authority is terminated or until his remuneration or other terms and conditions of service are ..... member of a service, state or subordinate, or who holds a civil post under the kerala government and includes any such person on foreign service or whose services are temporarily placed at the disposal of any other government, central or state, or a local or other authority and also any person in the service of any other government, central or state, or a local authority whose services are temporarily placed at the disposal of the kerala government.under this definition a government servant ..... whose services are placed temporarily at the disposal of a local authority is deemed to be a government servant, just as an employee of the local authority whose services are placed at the disposal of the state government .....

Commissioner of Income-tax Vs. C.W. Steel (No. 1)

Court : Kerala

Reported in : [1972]86ITR817(Ker)

..... exempted from payment of tax.' 5. section 7 of the indian income-tax act, 1922; provides that tax shall be payable by an assessee under the head 'salaries' in respect of any salary or wages, any annuity, pension or gratuity, and any fees, commissions, perquisites or profits in lieu of, or in addition to, any salary or wages, which are due to him from, whether paid or not, or are paid by or on behalf of, the government, a local authority, a company or any other public body or association, or any private ..... the appellate assistant commissioner referred to section 17(1) of the income-tax act, 1961, and said that 'salary' included wages, annuity, any gratuity, any fees, commission, perquisite or profits in lieu of or in addition to any salary ; and the income-tax paid by the employer being a perquisite should be included for the purpose of calculating the value of ..... behalf of the assessee that there was no definition of the word 'salary' in the income-tax act, 1922, that in defining salaries salary is separately mentioned from perquisites in section 7, and that income-tax paid was only a perquisite as denned in explanation 1(iv) to section 7, and, therefore, it cannot be included within the definition of the word 'salary' ..... officer, the payment of income-tax by the employer did not fall under any of the exemptions mentioned in explanation 2 to rule 3 of the rules under the income-tax act, 1961, and, therefore, must be taken into account in computing the value of rent-free quarters. .....

V. Rev. Mother Provincial, Congregation of Mother of Carmel, Carmelite ...

Court : Kerala

Reported in : AIR1970Ker196

..... they are right--that it entitles a teacher to stand for election to the legislative assembly of the state or to parliament or to any local authority, irrespective of the wishes of the management, and to continue as a teacher while serving on those bodies, provided that if be becomes a member of parliament or of the assembly, he is to go on leave during the period the body is in session--he is bound to ask for leave and the management to grant it (though, perhaps, not leave on allowances except to the extent that he has earned such ..... . to sub-section (1) which says that these conditions, including conditions relating to the pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the statutes, no objection has been taken ..... of four years from the date of its constitution; its duty is to administer the college or colleges in accordance with the provisions of the act, and the statutes, ordinances, regulations, bye-laws and orders made thereunder--see sections 30 to 36; its powers and functions, the removal of its members and the procedure to be followed by it, including the delegation of its powers, are to be prescribed by the statutes; and its decisions are to be taken at meetings on the basis of a simple majority of the members present .....