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 : (2008)3GLR2215
..... law and after taking into consideration the directions contained in judgment dated 2-9-2006 and, therefore, this court may dismiss the petition.10. the respondent no. 2-president of the gadhada municipality as well as the respondent no. 3 gadhada municipality have filed affidavits-in-reply denying the averments made in the petition. in the reply ..... challenging the order dated 29-1-2007 (annexure 'a' to the petition) passed by the state government, granting approval under section 65(2) of the gujarat municipalities act, 1963 ('the act' for short) for sale of land admeasuring 1890.74 sq.mts. in favour of the respondent no. 4-trust, at the rate of rs. 912/- per sq ..... the sale of the property in question has been effected without discontinuing or closing the streets under the provisions of section 146 of the act, which could not have been done. according to mr. s.b. vakil, the contention to the effect that the land belongs to the district panchayat and not to the municipality could also have .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR680
..... and not in favour of the widow is totally untenable. it is a well settled principle of law that the pension is a right and not a bounty. this position has been expounded by the supreme court in : (1983)illj104sc d.s. nakara v. union of india. the relevant portion of which is quoted herein-below:-31. from the discussion ..... . in the present case the petitioners have violated the rule of audi alteram partem and, under the garb of rectification of a mistake by reviewing an administrative order, have acted arbitrarily and unjustly, and therefore, this action of withdrawing the benefit of compassionate allowance to the respondent is vitiated and is bad in law. it is not a clerical ..... . duke of norfolk:the requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with and so forth.2.while it is true that over the years there has been a steady refinement as regards this .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]72SCL348(Guj)
..... /secured debts. in normal circumstances it may include the debts payable to the workmen but it is on account of the express provisions under section 529a of the act the workmen's dues are treated at par with the dues of the secured creditors. therefore, the language priority to all other debts cannot be said to be inclusive of the ..... fund] (in so far as it relates to exempted employees), under the rules of [the provident fund or any insurance fund], [any contribution payable by him towards the [pension] fund under sub-section (6) of section 17] damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this ..... -up is made, be deemed to be included among the debts which under section 49 of the presidency-towns insolvency act, 1909 (3 of 1909), or under section 61 of the provincial insolvency act, 1920 (5 of 1920), or under (section 530 of the companies act, 1956 (1 of 1956)] are to be paid in priority to all other debts in the .....
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 .....
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 : [2002(94)FLR164]; (2001)3GLR2231
..... petitioner has filed this petition under arts. 226 and 227 of the constitution of india challenging the judgment and award dated 20th may, 1999, passed by the learned presiding officer, labour court, junagadh in reference (l.c.j.) no. 8 of 1995 whereby the learned judge has set aside the order of dismissal of the respondent-amirkhan ..... fact that punishment imposed upon the petitioner-workman was disproportionate to the guilt proved which is condition precedent for exercising discretion under section 11-a of the act. the only ground which weighed with the tribunal in ordering reinstatement is that with the current increase in cost of living and chances of not getting any ..... the learned single judge has observed as under :'therefore, if viewed from the seriousness to which this court in its decision referred to above in jamnadas becharbhai's case (supra) about the misconduct proved in the present case and fact of consistent past bad record on that account and there being nothing on record to .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR589
..... mandatory injunction has not the effect of arresting election process and as order rejecting nomination papers cannot be a subject-matter of election petition under section 31 of the act, the revision application should be dismissed. in support of his submissions, learned counsel has placed reliance on the decisions in the following cases:(i) lajuben jerambhai bhil ..... the election. the only jurisdiction which can be exercised by a civil court is clearly and specifically marked out in section 31 of the act. as the order passed by the learned civil judge (s.d.) granting mandatory injunction is without jurisdiction, the same deserves to be set aside. for the same reason, the appellate order will have ..... or special law and must be subject to the limitations imposed by it. accordingly, the supreme court held that the election to the office of the president of the municipal board could be challenged only according to the procedure prescribed by persons in accordance with the provisions of that .....
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 : (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 .....
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