Court : Rajasthan Jodhpur
..... submitted that the central government has framed a general insurance employee s pension scheme, 1995 notified in the gazette on 28-jun-95 in exercise of its powers under section 17 a of the general insurance business (nationalisation) act 1972 and it is not in dispute that the said pension scheme would apply to the petitioner also. however on the ..... and tenure terminated on the date from which he, of his own volition, chooses to quit office. if in terms of the writing under his hand addressed to the president, he resigns in praesanti, the resignation terminates his office-tenure forthwith, and cannot therefore, be withdrawn or revoked thereafter. but, if he by such writing chooses to ..... sbcwp no.5988/2006 manohar singh vs. union of india & ors. judgment dt;30/4/2014 19/42 by the judge to the president and its receipt by the latter, constituted a complete juristic act. by itself, it did not operate to terminate the office tenure of the judge, and as such, did not bring into existence any .....
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..... of rajasthan, dated 20.12.2014, amending section 19 of the rajasthan panchayati raj act, 1994 (for short, 'the act of 1994'), inserting clauses (r), (s) and (t), and adding explanation-iii for the purposes of newly inserted clauses (s) and (t), providing for educational qualifications for the members of a zila parishad or ..... the legislative assemblies and the members of the parliament. there is no educational qualification prescribed for the cabinet ministers, prime minister, or even for the president of india. 7. it is submitted that the percentage of rural population, aged 20 years or more, which is educated upto class v (illiterate plus ..... will remain vacant, especially in the tribal areas where sufficient number of candidates including women candidates with educational qualifications prescribed are not available. 20. mr. s.s. hora, learned counsel appearing for the petitioners in dbcwp no.503/2015, submits that in the elections, disqualification cannot be prescribed by an ordinance. the .....
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..... afflictions before the insurance companies and to protect their rights which had accrued to them after their retirement. a resolution of society, authorizing its vice- president, to launch the litigations is also placed on record. facts necessary for appreciation of the lis involved in these petitions are recapitulated as under: members ..... 5, namely:- (a) provident fund, (b) gratuity as per payment of gratuity act, 1972 (39 of 1972) or gratuity payable under the rationalisation scheme, as the case may be; (c) pension (including commuted value of pension) as per general insurance (employees') pension scheme 1995, if eligible. however, the additional notional benefit of the five years ..... counsel for the petitioner has also placed reliance on a decision of apex court in case of uco bank & ors. vs. sanwarmal [(2004) scc (l&s) 699], wherein the honble apex court has held that effect of voluntary retirement is that relationship of master and servant subsists for grant of retiral benefits. the .....
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..... any post connect- ed with defence or any civil post under the union, holds of- fice during the pleasure of the president, and every person who is a member of the civil service of a state, or holds any civil post under a state ..... 2006. on 31st of march 2010, the peti- tioner was compulsorily retired under rule 53(1) of the rajasthan civil services (pension) rules 1996 (for brevity, hereinafter referred to as the rules of 1996), which order was served on the petitioner on 4th of ..... doctrine of pleasure. the genesis of doctrine of pleasure relates back to the pre-inde- pendence era when public servants enquiries act 1850 was passed, wherein a provision was envis- aged that conducting enquiry against an employee was optional and the government had ..... judges is, for the purposes of matters falling within article 235, not a delegate of the high court, the principle enunciated by s.a. de smith in his famous work on judicial review of administrative action (3rd edn., 1973, p.263) that a discretionary .....
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..... in the result, the revision petition succeeds, it is hereby allowed. the order impugned dated 19.4.11 passed by the court of session i.e. special judge, s.c./s.t. (prevention of atrocities) cases , jodhpur in criminal appeal no.53/2010 and order dated 5.6.2010 passed by the additional chief judicial magistrate (economic offence), ..... suffering from the vice of delay, laches, acquiescence or estoppels on this ground. the act of 2005 was enacted around the same period and was brought into force w.e.f. 26.10.2006 even though it received the assent of president on 13.9.2005. in the kind of social background the applicant-wife is living ..... provided for or by necessary implication, the same are made operative with retrospective effect. accordingly, learned counsel submitted that the view taken by this court in hema @ hemlata's case (supra) deserves to be upheld.10. mr. m.k.trivedi, learned counsel submitted that though the provisions of section 2(f) which defines 'domestic relationship' includes .....
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..... challan was filed against him for the offences under sections 13(1)(c) and 13(2) of the prevention of corruption act. it was the case of the present appellants that because of the pendency of judicial proceedings, pension and other terminal benefits could not be granted to the respondent. the provisions contained in rules 170 and 170-a of ..... matter of this litigation, in our view, this appeal abates and cannot be proceeded further. this appeal has been filed against the order dated 23.11.2005 as passed in s.b.civil writ petition no.1002/1993: d.b.civil special appeal (w) no.28/2006. state & ors.versus ravechi dan // 2 // ravechi dan versus state of rajasthan ..... been duly taken note of in the pending criminal case in the court of the special judge, anti corruption cases, jodhpur. though the learned government counsel mr.i.s.pareek appearing for the appellants submits that the fact about demise of the respondent has been stated in this matter for the firs.time and seeks to complete his .....
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..... respondent-writ-petitioner guilty of misconduct as charged and imposed on him the penalty of compulsory retirement with proportionate pension. the respondent-writ-petitioner being aggrieved by this decision, approached this court with s.b.civil writ petition no.296/1991 which was disposed of on 23.10.1991 interfering with the order ..... to this court. the learned single judge, on an elaborate consideration of the materials on record and the rival submissions made, dealt with the circumstances acted upon by the enquiry officer independently and concluded that the impugned decision was not sustainable and consequently, interfered with the order of compulsory retirement and ..... penalty of compulsory retirement ought not to have been interfered with. as the evidence on record did amply establish that the respondent-writ- petitioner had acted in undue haste being motivated by extraneous considerations rendering his conduct to be wholly unbecoming of a public officer, the penalty as imposed by way of .....
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..... as work charged employee for which no contributory provident fund was dedced, could not be counted as a service qualifying for pension. such employees have been s.b. civil writ petition no.194/2009 bhagwan giri v/s state of rajasthan and ors. and 19 connected writ petitions. order dt:25. 04/2014 12/42 deprived for counting ..... for all pensionary benefits as provided under rule 22-a of the rules of 1964. in view of it the respondents while denying pensionary benefits to the petitioner acted arbitrarily. the writ petition, therefore, is allowed with a direction for respondents to allow pensionary benefits to the petitioner in accordance with rule 22-a of ..... different from the persons appointed in the regular establishment against sanctioned posts after following the procedure prescribed under the relevant act or rules and their duties and s.b. civil writ petition no.194/2009 bhagwan giri v/s state of rajasthan and ors. and 19 connected writ petitions. order dt:25. 04/2014 38/42 responsibilities .....
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..... was a member went underground of the premises of shri surat singh. there some explosion took place resulting into the death of the petitioner's husband shri nirmal singh. the petitioner's case is that the benefit of pension be made available to the petitioner as well as her husband died while he was on duty. under rule 268 i sub-rule ..... provisions enshrined in chapter xxiii-b of rs.shall be applicable; and the respondents were directed to revise the family pension of the family members of those police personnels, who may or may not have approached the appellants or the s.b.civil writ petition no.2591/2014 smt. bhanwar kanwar versus state of rajasthan & ors.order dt: 18/07 ..... (ii) the benefit is available to police personnel whether in regular or irregular units including r.a.c.upto the rank of superintendent of police (other than i.p.s.officers.and class .....
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..... adoption deed dated 16.06.1992 on appreciation of evidence and ameliorating the other relevant circumstances satisfies the requirement of a valid adoption within the four corners of the act of 1956?. . for thrashing out this issue in legal perspective, averments of the plaint in this behalf are of utmost significance denoting the very foundation and edifice ..... the past, which have been agitated unexplainably and by lapse of time have become stale. according to halsbury s laws of england, vol. 28, p. 266: 605. policy of the limitation acts- the courts have expressed at least three differing reasons supporting the existence of statutes of limitations namely, (1) that long dormant claims have more of ..... - 6 j 6 6 9 ]. c / ?. 6 ( ) 6 6 9 - c 6 s " 47 in view of the recitals in the adoption deed (ex.26) and for want of cogent and convincing evidence, to assail its validity on the touchstone of sections 6, 7 & 10 of the act of 1956, i am afraid, the appellant has miserably failed to dislodge the .....
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