Court : Supreme Court of India
Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619
..... power to make regulations including the power regarding the appointment, promotion, suspension, removal and dismissal of its employees, their leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a provident fund or any other fund for their welfare, and the terms and conditions of service ..... be held and transferred; the manner in which general meetings shall be convened, the procedure to be followed thereat; the duties and conduct, salaries, allowances and conditions of service of officers and other employees and of advisers and agents of the corporation.134. all these acts confer rule making power ..... be held and transferred; the manner in which general meetings shall be convened, the procedure to be followed thereat; the duties and conduct, salaries, allowances and conditions of service of officers and other employees and of advisers and agents of the corporation.10. the contentions on behalf of the state .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... of service or not to alter the same to his disadvantage after a person enters upon his office as high court judge. this provision guarantees salary, leave, pension and other allowances to a high court judge and puts a fetter on the power of any one to alter the same to his disadvantage after he is ..... of the constitution. in order to maintain independence of this superior judiciary, the tenure, salary, pension, allowances, etc. of a judge of the high court are protected as special provisions in respect thereof are made in the constitution. the salary and pension are charged on the consolidated fund. the aforesaid provisions have been made so that the ..... specified in the second schedule. the proviso places a restriction that neither the allowances of a high court judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.(3) the salaries and allowances of the high court judges are charged on the consolidated fund under article .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423
..... or by some other judge or officer of the court authorised by the chief justice. under clause (3), the administrative expenses of the high court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, are to be charged upon the consolidated fund of the state.14. these provisions, ..... being that the legislature should not be in a position to effect the independence of the high court judiciary by exercising pressure through refusal to vote the salary and other allowances. similarly, the pension payable to a high court judge is charged on the consolidated fund of india under article 112, clause (3) (d) (iii) so that under ..... clause 4 of the government of india act, 1935. by article 202(3)(d), expenditure in respect of the salaries and allowances of high court judges is charged on the consolidated fund of each state. the pensions payable to high court judges are charged on the consolidated fund of india under article 112(3)(d)(iii). by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1671; (1980)0GLR960; 1980Supp(1)SCC513; [1981]1SCR599; 1980(12)LC898(SC)
..... a of the first schedule, in respect of time spent on actual service, salary at the following rates per mensem, that is to say :?-the chief justice 4,000 rupees any other judge 3,500 rupees' '(4) the rights in respect of leave of absence (including leave allowances) and pension of the judges of the high court of any state shall be governed ..... to be in force right up to the commencement of the constitution, article 221(2) of which provided, inter alia :every judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such ..... proviso added to sub-paragraph (1) of the said paragraph 10 by the 1956 act (which proviso we have set out above), the salary of a high court judge who 'is in receipt of a pension... in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC783; 1981LabIC184; (1981)4SCC93; [1981]2SCR155; 1981(13)LC89(SC)
..... of the auditor-general in a state should be designated auditor-in-chief in order to distinguish him from the auditor-general of india, and that the salaries and allowances of the staff of these officers should be fixed by the auditor-general of india and the auditor-in-chief in consultation with the president and the ..... .(2) all such persons aforesaid shall hold their offices or posts subject to like conditions of service as to remuneration, pensions or otherwise, as therefore, or not less favourable conditions, and shall be entitled to reckon for purposes of pension any service which they would have been, entitled to reckon if this act had not been passed.* * * * ..... slip issued by the comptroller and auditor-general in 1956. on that conclusion being reached, the claim of the respondents must fail. the appeals have to be allowed.10. in the connected writ petition no. 357 of 1979 there are 15 petitioners. the first ten passed the subordinate accounts service examination and were promoted to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... provisions of any law made by the legislature of any state or the parliament, as the case may be, and in case of rules relating to salaries, allowances, leave or pension would require in case of high court the approval of the governor of the state and in case of supreme court approval of the president.695. by ..... is in the president. when appointed by the president the judge would be working as a judge of the high court to which he is appointed. his salary, pension, allowances, etc. would be chargeable on the consolidated fund of the state. probably influenced by these considerations the constitution itself provides for giving a share to the state ..... pleasure of the president but till they attain the prescribed age of retirement; that their removal is possible only after following an elaborate procedure: that their salaries and allowances and pension are charged on the consolidated funds of the states or of the union; that no discussion can take place in the legislatures with respect to their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC399; 1983(2)SCALE800; (1984)2SCC404; [1984]1SCR939; 1984(16)LC179(SC)
..... these persons are paid out of the state funds as appears from article 229(3) which provides that the administrative expenses of a high court including all salaries, allowances and pensions payable to or in respect of officers and servants of the high court are chargeable upon the consolidated fund of a state. the item relating to such ..... article 98 and article 187 of the constitution contemplate the establishment of a separate secretariat staff for each house of parliament and of the state legislature respectively, the salaries and allowances of the members of that staff are paid out of the consolidated fund of india or of the state, as the case may be after they are ..... during that interval an elected member of the assembly whose name appears in the notification issued under section 73 of the act is entitled to all the privileges, salaries and allowances of a member of the legislative assembly, one of them being the right to function as an elector at an election held for filling a seat in the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad240
..... the states should exercise their respective powers.13. the petitioner also drew my attention to the various provisions in the constitution, some providing for payment of salaries, emoluments and allowances and some specifically providing for pensions to the offices concerned and the petitioner wants this court to draw the inference that since there is no particular article in the constitution envisaging conferment of ..... government may make rules providing for the conditions and restrictions subject to which such pension may be grantedprovided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than traveling allowance either from any state or the central government, or from any company or statutory .....
Tag this Judgment!Court : Chennai
Reported in : AIR1986Mad290
..... his appointment. reference was also made to art. 148(6) which reads that 'the administrative expenses of the office of comptroller and auditor general, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the consolidated fund of india.'6. a reference was made to art. ..... 322 which made provision for expenses of the union or a state public service commission, including any salaries, allowances, and pension payable to or in respect of the members or staff of the commission and that such expenses shall be charged on the consolidated fund of india, or, ..... by the chief justice to make rules for the purpose. the proviso says that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pension, require the approval of the governor of the state. our attention has also been invited to other articles in the constitution such as arts. 59(3) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC740; JT1987(4)SC476; 1987(2)SCALE1097; 1988Supp(1)SCC30; [1988]1SCR1034
..... or a state government. however, with the passage of time, two important changes were brought about with respect to pensionary benefits. the himachal pradesh legislative assembly (allowances and pension of members) act, 1971 ('himachal pradesh act' for short) was brought into force w.e.f. january 25, 1971. the expression 'member'is defined ..... . at the time when the appellant was elected to the punjab legislative assembly from the kangra west general constituency in the year 1937, no monthly allowance or pension was payable to the members of the legislative assembly. similarly, when the appellant was appointed to be a member of the punjab state public service ..... you find some reason for giving it. now, it would be seen that clause (5) similarly 'substituted' new regulation 6(1) dealing with the salary and allowances payable to the chairman and other members of the public service commission, and underneath appears the following:notwithstanding anything contained in the regulations, clause (i) of .....
Tag this Judgment!