Court : Gujarat
Reported in : (1986)2GLR1240
..... , allowances and privileges as will be determined by parliament available to the president of india, the president's pension act, 1951 goes against the constitutional provisions, but he says he is not concerned with regard to the payment of pension to the president of india. the party-in-person also pointed out article 97 which ..... assembly. they have fixed up in the said act the necessary criteria to receive the pension and such a decision is within the legislative competence of the state legislature and cannot in any way be said either unconstitutional or against the nation's interest. no doubt the words 'pension', 'allowance', privilege', 'salary', 'remuneration', ..... that capacity.9. thus, from the foregoing discussion, we have absolutely no hesitation in coming to the conclusion that the gujarat legislative assembly members' pension act, 1984 is intra vires the constitution and that the state government has ample legislative competence to promulgate such a law. for all these reasons, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj149
..... is made by the state legislature, it was reserved for the president's consideration and has received his assent. there is no dispute that the act was so reserved and has duly received the assent of the president, clause (2) of article 31a as it existed before the constitution (seventeenth amendment) act, 1964. applies in the present case, and that clause, ..... deducting therefrom the chauth, i.e. one-fourth thereof payable to the marathas. as already stated, the privy council interpreted the sanad also as a jagir and a pension, and the notes made by the revenue authorities forming part of exhibit b to the petition also have trealed the grant of rs. 24,000 as including 'the ..... 2,592-2-10 --paid yearly in themonth of may from thechorasi taluka treasuryin surat district asmuglai hak;iii. rs. 7,290-16 -0 --per year by monthlypolitical pension ofrs. 607-9-3 paid fromthe huzur treasury.surat after tracing the history of the payments, the sanad of 1800 and the circumstances in which it was issued, the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj168; (1988)2GLR1472
..... filing the nomination papers must. take place (1) at the meeting and (2) after the determination of the terms of office of the president and vice-president as contemplated by subsection (1) of s. 33 of the act.relying on the judgment in the case, of keshavrao shrawanji datir v. collector, amravati, (1962) 64, bom lr 599, the court ..... nomination papers must take place (1) at the meeting and (2) after the determination of the term of office of the president and vice president as contemplated by s. 32(1) of the gujarat municipalities act and the bench held that it is necessary for a candidate contesting the election to know what is the term of the office ..... is no prohibition to have a nomination prior to the election contemplated unders. 32 of the gujarat municipalities act and s. 55(4) of the gujarat panchayats act at the time prior to 'the meeting fixed for elections of president and vice-president, there is no warrant to construe the word ~election' occurring therein in a broader sense so as .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1299
..... (5) ofthe amended rules is as under:'when an officer who is in active governmentservice is appointed as president or member, theservices rendered by him as president or membershall be counted as government service for thepurpose of pay, pension, leave and such otherpurposes.'a plain reading of sub-rule (5) of rule-4 makesit clear that ..... is notapplicable to shri phanse as he was not're-employed' as member, gcst, but asmentioned above, it was 'a freshappointment after retirement under theprovisions of gcst act, 1972 and rulesframed thereunder'.'the reasoning sought to be advanced insub.paragraph (vi) is self contradictory. the term`reemployment' is not defined in the bcsrs. 12 ..... to the contrary either of the learned singlejudge or the division bench is cited.this court is in full agreement with theobservations of the learned judge in s.h.sanghvi's case(supra) and on the same reasoning, is of the opinion thatwhen the terms, `reemployment' and `fresh appointment',are not defined anywhere, there .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR938
..... s case observed at page 1376 of the report:thus, it was clearly recognised by this court that the services constituted by the secretary of state earlier disappeared with the passing of the indian independence act, though persons, who continued to serve thereafter under the indian dominion or any province, were entitled to certain rights in regard to remuneration, leave, pension ..... section 10(2) and article 314. the respondents, however, contended that after transfer of power 'governor-general' and after the commencement of the constitution 'president' must be substituted for 'secretary of state in council' and the latter part of the second clause of article 983 could not, therefore, be deemed ..... 314, we cannot hold that according to the conditions of service guaranteed under section 10(2) and article 314, the president can prescribe the rate of exchange at which the minimum pension of 1000/- should be paid. it is also significant to note that the words 'as similar thereto as changed .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... pointed out that leave has to be asked for and has to be sanctioned by the governor in one case and the president in another case. it was said that pension has to be granted by the president. reference was also made to articles 127 and 128 of the constitution, and an argument was spelt out that apart from ..... judge could be by the executive and it would undermine independence of judiciary. since the decision in samsher singh's case (supra), it must be taken as well settled that the president in discharge of his executive functions acts on the advice of the council of ministers with the prime minister at the head. he is a formal ..... its judicial independence. the whole thrust of the constitutional provisions and even the various service conditions prescribed by the parliament disclosed that even in the matter of leave, pension, etc., the executive had to discharge some aspect of control by sanctioning the leave and even other financial benefits. the harmonious interpretation, if any must be in .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1372
..... of nominees, will be entitled to honorarium as provided in clause (iii) in addition to the pension payable to him. in other words, the government servants who are re-employed either as chairman/president or member of a tribunal or a registrar's nominee are entitled to honorarium as provided in clause (iii). clause (i) of the resolution fixes ..... tribunals.clause (iii) of the said resolution deals with the question of honorarium to be paid to retired government servants who are appointed as president/chairman and members of tribunals whereas clause (v) makes it clear ..... addition, they shall be allowed to draw and retain their pension.clause (v) deals with registrar's nominee and it reads as follows:(v) for the purpose of these orders, registrar's co-operative societies nominee on the board of nominees, referred to in section 98 of the g.c.s. act 1961, shall be treated on par with members of .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR970
..... sub-clause (b) of clause (1) of article 58. article 59 deals with conditions of president's office. similarly section 157 deals with qualifications for appointment as governor; and article 158 deals with conditions of governor's office. article 84 deals with qualification for membership of parliament. same thing is also provided in ..... to govern the conditions of service. the conditions of service mean and include various aspects like appointment, scale of pay, confirmation, seniority, promotion, payment of pension, etc.in support of this proposition, the learned single judge relied upon two decisions of the supreme court, namely, accountant-general, bihar v. bakshi : ..... the assistance of an advisory committee consisting of not more than fifteen members nominated by the state government, subject to the provisions of the act and the approval of the chancellor, make provisional statutes necessary for constituting the authorities of the university and regulating the procedure at he meetings of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj163; (1982)1GLR611
..... s. 43-b provided that no election of the president shall be called in question except by election petition presented ..... the matters relating to elections after the decision of the supreme court in ponnuswami's case : [1952]1scr218 (supra). the supreme court, in that context ,referred to s. 43-b of -the u. p.municipalities act, which provided as to how the election of president was to be questioned. the main enactment contained in sub-section (1) of ..... in accordance with the provisions of the act. sub-section (2) provided the grounds on which such election can be challenged. sub-section (2) (c .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1325
..... would set a bad precedent, the authority is virtually abdicating the discretionary powers vested with it under rule 48-a of ccs (pension) rules. when the statute casts certain duty to act with discretion, it is not open for the authority to brush aside the requests of the employees by simply stating that no such ..... be granted. even otherwise i find that the petitioner had made out strong case for being permitted to withdraw the voluntary retirement notice. it is nobody's case that on account of tendering the notice for voluntary retirement and thereafter withdrawing the same, the petitioner had put the employer to any embarrassment or ..... attitude towards continuing in government service and induced the appellant to withdraw the notice. in the modern and uncertain age it is very difficult to arrange one's future with any amount of certainty; a certain amount of flexibility is required, and if such flexibility does not jeopardize government or administration, administration should be .....
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