Court : Privy Council
Reported in : AIR1949PC129
..... superior court shall hold office during good behaviour, but shall be removable by the governor-general on address of the senate and house of commons. section 100. the salaries, allowances, and pensions of the judges of the superior district, and county courts (except the courts of probate in nova scotia and new brunswick), and of the admiralty courts in cases ..... where the judges thereof are for the time being paid by salary, shall be fixed and provided by the parliament of canada."; 8 it is in the application of these ..... grounds and their lordships are not prepared to do so until at least the court of appeal has pronounced upon them. therefore, while the present appeal must be allowed, the case must be remitted to the court of appeal for re hearing upon the footing that the act is not ultra vires and that the board and its .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1959)IILLJ267AP
..... is not in the service of the government, such contribution towards his leave allowances, pension and provident fund as may be prescribed in his behalf;' 5. thus, every executive officer is not regarded as 'a member of civil service of a state' merely ..... act is in these terms :'(5) the panchayat shall also make (a) if the executive officer is in the service of the government such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the government be made by him or on his behalf; (b) if the executive officer ..... government, still he was in the employ of the municipality. it is to be noted that the salary and allowances of the executive officer of a panchayat board should be paid by the panchayat board out of its funds. his salary and allowances are not charged on the funds of the government. that an executive officer of a panchayat does not .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP506
..... act is in these terms:-- (5) the panchayat shall also make -- (a) if the executive officer is in the service of the government such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the government to be made by him or on his behalf; (b) if the executive ..... officer is not in the service of the government such contribution towards his leave allowances, pension and provident fund as may be prescribed in this behalf. thus, every executive officer is not regarded as 'a member of a civil service of a state' merely ..... government, still he was in the employ of the municipality. it is to be noted that the salary and allowances of the executive officer of a panchayat board should be paid by the panchayat board out of its funds. his salary and allowances are not charged on the funds of the government. that an executive officer of a panchayat does not .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal545,65CWN920
..... fit though by no stretch of imagination such a provision can be regarded as one having any relation with or any bearing on the questions of salaries or allowances, leave of absence, or pensions of judges which were the principal topics dealt with by the original act 28 of 1954, the new prevision affects not merely the judges of the ..... of the constitution is mentioned there. it is argued, therefore, at the bar that article 221(2) of the constitution only mentions (1) leave of absence, (2) pensions, and (3) allowances and rights of the 2nd schedule. 'vacation of high courts' does not come under any of these three heads. it is neither (1) leave of absence, (2) ..... nor pensions, (3) nor allowances and rights of the 2nd schedule. chapters 2, 3 and 4 of the act of 1954 dividing the subjects as leave, pension and miscellaneous are shown in support of this argument. 'vacations' are to be distinguished from holidays or leave .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC505; 1962(0)BLJR594; [1962]Supp1SCR505
..... made of the general revenue of the state. by the amendment made in the rules in 1926, the passage benefit ceased to be a part of the salary and became and allowance or privilege. 11. the respondent obtained benefit of these passages in 1930, 1950-51 and 1952-53 for himself and the members of his family. in ..... the judgment of the high court of judicature at patna from an order commanding the accountant general of bihar, ranchi, to pay certain passage allowance due under the superior civil services (revision of pay and pension) rules, 1924, to the wife and the children of the respondent. 2. after passing the competitive examination held in london in august, ..... under sch. iv were, after the amendment, called revision of pay, passage and pension regulations. original regulations 3, 4 and 5 were omitted and regulations 6, 8, 11 and 14 were amended. the effect of these amendments was that instead of allowing as part of salary, a passage pay of rs. 50/- and carrying over that amount to the credit .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All230
..... scales of pay admissible to the members of the service. rules 25 to 32 deal with other ancillary and subsidiary matters like canvassing, loyalty, knowledge of hindi, regulation of allowances, pension, etc.part v of the rules consisting of rule 13 dealt with the procedure for recruitment by promotion. part vi (rules 14, 15 and 16) provided for the ..... 800 and thereby contravened articles 142 and 144. dasgupta j. observed (paragraph 15):'if the decree of this court had directed payment of arrears of appellant's salary and allowances and the effect of the rule made by the president was to deprive him of that right, there might perhaps have been scope for an argument that the ..... would be that all those officers would be deprived of the benefits of the rules relating to the various aspects of their conditions of service. even the payment of salary in the pay-scale given in the rules would be illegal. that will not be desirable or feasible.15. for all these reasons the rules relating to recruitment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
..... or otherwise and also a guarantee for continuance in service of the permanent members of the public services of kutch and for their conditions of service, pensions and leave salaries and immunity for past acts. in the bhopal merger agreement the nawab was to receive rs. 11,00,000/- as privy purse but each ..... to undo the orissa merger agreements.381. the constitution contemplated political power of the president to recognise rulers. if people or disgruntled contenders for rulership were allowed to litigate by challenging either the recognition or by preferring a claim of recognition, the courts would not be capable of adjudicating these disputes because the character ..... on the other also dropped the idea of separate constitutions for themselves (except jammu & kashmir) and integrated with india, accepting the indian constitution. the rulers were allowed to get a privy purse free of taxes on income and to enjoy personal property and privileges. articles 291, 362, 366(15) and (22) were included .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2405; 1972LabIC1420; (1972)2SCC763; [1973]1SCR773
..... become on such commencement the judges of the high court in the corresponding state, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the judge of any other high court.any such judge shall, ..... were by virtue of article 376(1) also entitled, unless they had elected otherwise, to such salaries and allowances; and to such rights in respect of leave of absence and pensions as are provided for under article 221, which reads :221. salaries etc., of judges :(1) there shall be paid to the judges of each high court such ..... of india act, 1935. section 221 reads :221. salaries etc., of judges.-the judges of the several high courts shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by his .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... removal from office.220 (2)219 - oath or affirmation220 (4)220 - restriction on practice after being a permanentjudgex221- (1) salary )221(2) allowance. rights and pension)222 (1) transfer from one high court to anotherx(2) compensatory allowance on transferx223 appointment of acting chiefjustice222 (1)224 (1) appointment of additional judges222 (3)(2) appointment of acting judge222 (2 ..... high court of judicature at allahabad.'103. multiplicity of appeals has generally not been favoured. to create a right of one appeal is reasonable; to allow three courts in an ascending hierarchy to decide a matter seems an excess of caution; but to have a hierarchy of four or more courts seems ..... should undoubtedly be given to the punctuation. punctuation may have its uses in some cases, but it cannot certainly be regarded as a controlling element and cannot be allowed to control the plain meaning of a text (aswini kumar ghose v. arabinda bose. : [1953]4scr1 ).48. in america also a similar view is adopted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2055; 1974LabIC1362; (1975)3SCC171; [1975]1SCR797; 1974(6)LC543(SC)
..... members of the indian civil service were entitled on 15 august, 1947 has not been altered.16. shri raman one of the petitioners appearing in person submitted that the salary, annuity and pension of the members of the indian civil service were, to borrow his words, basic structure which could not be amended by any act of parliament. this is only to ..... by the constitution (twenty-eighth amendment) act confers power on parliament to make a law to vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by secretary of state or secretary of state in council to a civil service of the crown in india before the commencement of this ..... by legislation. the petitioners and the appellants have neither right nor merit in the alleged claims.19. for the foregoing reasons, the petitions fail and ca 268 of 1972 is allowed and c.a. 147 of 1971, 2467 and 2468 of 1972 are dismissed. parties will pay and bear their own costs. .....
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