Court : Patna
..... 3 was saved from vesting but the said provision was deleted vide act 1972 with retrospective effect and section 7d was inserted. ..... however, the said provision was deleted in the year 1972 with retrospective effect and section 7d was inserted. .....
Tag this Judgment!Court : Patna
..... submitted in course of hearing that though the petitioner has challenged the very appointment of the respondent, if the court is not inclined to annul the same at this stage it should be held that there was no justification to give retrospective effect to the appointment at the cost of the petitioner who was appointed as lecturer on 14-2-1978 and had been working ever since. ..... lastly, as regard the petitioner's alternative plea to set aside the retrospective part of the appointment, we may observe that the impugned appointment has held the ground for about 16 years by now. ..... in this manner on 18-5-1979, 20 temporary lecturers and on 24-4-1981, 24 temporary lecturers were regularised in terms of the statutes. ..... as annexures 13 and 17 are concerned, from bare perusal of the contents of the minutes it would appear that the selection committee considered the case of temporary lecturers for the purpose of their absorption in terms of the absorption statute. ..... section 2(o) of the patna university act defines 'lecturer' to mean, 'a teacher of a college or the university possession such qualifications as may be prescribed by the statutes'. ..... however, though he was not lecturer in the eye of law, he was absorbed on the post pursuant to recommendation of the selection committee in terms of one of the absorption statutes. .....
Tag this Judgment!Court : Patna
..... learned counsel representing the board however submits that the amended provision under the act does not have the effect of ousting the jurisdiction of the civil court from a retrospective date. .....
Tag this Judgment!Court : Patna
..... disciplinary authority (bihar state electricity board) thereafter accepted the report of the inquiry officer and exonerated them from all the charges by order dated 15.12.1992 and thereafter they were given promotion with retrospective effect by the orders issued by the concerned authority.6. .....
Tag this Judgment!Court : Patna
..... it is well-settled that the state legislature has plenary power of legislation with regard to the fields occupied by it and they can legislate prospectively as well as retrospectively subject to certain constitutional restrictions. ..... nothing has been pointed out to show that there is any legal bar in making retrospective operation of the act. .....
Tag this Judgment!Court : Patna
..... marathia has faintly urged that this agreement came into operation with effect from 18.5.1995 and as such, cannot be given retrospective effect, but has fairly conceded that there is no such averment by the appellant in this regard. .....
Tag this Judgment!Court : Patna
..... notice was issued to the deceased on 3.7.1999, replied to by him, whereafter by the impugned order at annexure 4 dated 17.12.1999, as noticed above, the order granting voluntary retirement was recalled and the deceased was dismissed with retrospective effect. .....
Tag this Judgment!Court : Patna
..... thus retrospective effect is given to the act to validated' (1) what purpots to be vested; (2) removes all defects or invalidity in the vesting or fictional vesting under section 8 (2) of ordinance xxvii of 1949 or section 8(2) of the act which repealed the ordinance (3) makes the .....
Tag this Judgment!Court : Patna
..... the state government from its personnel and administrative reforms department vide letter dated 7th january, 1991 took a decision to make the reservation policy dated 30.10.1990 applicable with retrospective effect and as a result of this, while preparing merit/select list the intervenor respondents and other general category candidates were pushed down in the merit list. .....
Tag this Judgment!Court : Patna
..... there is no scope of enhancement of interest in default of payment with retrospective effect. .....
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