Court : Punjab and Haryana
Reported in : AIR1967P& H279; (1969)ILLJ679P& H
..... with reference to the previous correspondence with the accountant general, punjab, and if the recovery is to be effected from pension, it should be clearly recorded on the last pay certificate itself that the request or express consent of the pensioner in writing to the recovery from his pension has been obtained.note -- although compassionate allowance is of the nature of an ex-gratia payment it is really a form of pension and, therefore, recovries from it, once it is sanctioned, should be governed ..... the question in the present case is not whether parliament substituted a different safeguard for that afforded by natural justice, but whether in the act of 1882 it excluded the safeguard of natural justice and put nothing in its place.so far there is nothing in the ..... terms:--'the rules of the respondent police pension society provided that every application for a pension should be fully gone into by the board of directors, and in particular that any member entitled thereto, who is dismissed from the police force or is obliged to resign, shall have his case considered by the board and his right thereto determined by a majority ..... to have been inspired by the fact that a pensioner has a right to begin to receive the pension on retirement with much the same regularity as he used to receive his salary and it is considered as a matter of paramount importance that every effort should be made to avoid the gap between the payment of salary during service and payment of pension on retirement .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H345
..... (2) the union further guarantees the continuance ot pensions and leave salaries sanctioned by competent authorities in any of the covenanting states to members of the public services of that state who have retired, or proceeded on leave preparatory to retirement, and ' the compassionate allowances granted to dependents or deceased members of those services, before the date on which the administration of that state is handed ..... chapter will show that it embodies, rules regarding the age of entering government service, temporary service, date of reckoning allowance, charge of office, leaving jurisdiction, personal allowance, local allowance, and transfer on duty. ..... of the articles of association of a company ieads to the conclusion that there was an intention to supersede the ordinary rule, it must be held that, where no quorum, has in fact been fixed, the acts of a major part of the directors for the time being are valid'.in the instant case four of the six directors could, therefore, make the rules. ..... rule 30 amongst other things also provides that cases relating to the proposals for making or amending of rules regulating the recruitment and the conditions of service of persons appointed to the public services ana posts in connection with, the affairs of ..... punj 116, which laid down, 'the erstwhile patiala state was an independent and sovereign state, and its ruler, so far as internal matters were concerned, exercised powers identical with those exercised by the parliament in england. .....
Tag this Judgment!Court : Supreme Court of India
..... salary and other allowances and terms and conditions of the president and members of the state commission.the said rule does not provide that service of the president, state commission is a pensionable service and, therefore, despite the office order dated april 5, 2002 issued by the state government to the effect that service rendered by the 13respondent as president of the state commission was pensionable service, the respondent is not entitled to any pension for the service he rendered as president, state commission.24. section 16 of the 1986 ..... . if the parliament (2008) 1 scc 354 intended that salary or honorarium and other allowances and other terms and conditions of service of the president and the members of the state commission have to be provided in the rules by the state government in exercise of its powers under section 30(2) and in no other manner, the provision in section 16(2) would have read, 'the salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the state commission shall only be in accordance with the rules framed by the state ..... . the court stated: "....it is true that government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed."33 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... in any property of the gram panchayat, panchayat samiti and zila parishad; or(k) is in unauthorized occupation of property belonging to any local authority, or(1) being a sarpanch has cash in hand exceeding the amount permitted under the rules made under this act;(m) is member of either house of parliament or of the legislature of the punjab state:provided that a member of either house of the parliament or legislature of punjab state may be elected as a sarpanch or member of gram panchayat, panchyat samiti or zila parishad if, ..... at this stage, it shall be gainful to refer to certain provisions contained in part ix and ix-a of the constitution of india inserted by way of 73rd and 74th amendment so as to give powers of self-government' to panchayats in rural areas and municipalities in the urban areas as also to ensure elections to these institutions as a unit of representative ..... supreme court held that, 'the rule of interpretation requires that while interpreting two inconsistent, or, obviously repugnant provisions of an act, the court should make an effort to so interpret the provisions as to harmonize so that the purpose of the act may be given effect to and both the provisions may be allowed to operate without rendering either of them otiose.'18. ..... the appellant is 'a whole time salaried employee of a local authority/board', he is disqualified for being chosen as and for being a member of the gram panchayat as provided by section 208(1)(g) of the punjab panchayati raj act, 1994. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
..... the amendments carried out where,' the jammu and kashmir constitution (amendment) act, 2008 (1951 a.d)', 'the jammu and kashmir constitution (amendment) act, 2009 (a.d 1952) and the 'jammu and kashmir constitution (amendment )act, 2011 (a.d 1954)'in terms of the amendment act of 2009, no person who was not a state subject of class i was eligible for elections to the office of the 'sadar-i-rayasaf the constitution act, 1939 with various amendments served as the interim constitution' of the state pending enactment of a new constitution by the ..... india became fully operational the president of india issued constitution (application to jammu and kashmir) order, 1950 in consultation with the government of jammu and kashmir and specified the matter with respect to which the union parliament could enact law for the state. ..... section 8 (a) of the village panchayat act provides that a person shall be disqualified for being chosed as or for being a member of a panchayat if he is not permanent resident of the state and rule 17 (a) of the jammu and kashmir civil services (classification, control and appeal) rules 1956 providesthat no person shall be eligible for appointment to any service by direct recruitment unless he is a hereditary state subject to be known hereafter as a permanent ..... she requested for the release of the salary has not been paid salary because she does not possess the permanent resident ..... allowed to appear in the entrance test at her own risk and ..... for the session 2001-2002. .....
Tag this Judgment!Court : Supreme Court of India
..... act, for the purpose of securing and maintaining uniform standards, by notification in the official gazette, prescribe a standard code providing for the classification, manner and mode of selection and appointment, absorption of teachers and employees rendered surplus, reservation of posts in favour of members of the scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes and other backward classes, duties workload, pay, allowances ..... amendment act 2002 ..... arbitrary eligibility criterion: being in service and retiring subsequent to the specified date for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class, the classification being not based on any discernible rational principle and having been found wholly unrelated to the objects sought to be achieved by grant of liberalised pension and the eligibility criteria devised being thoroughly ..... occurs in the concurrent list of the seventh schedule, both the parliament and state legislatures are competent to make laws regulating inter alia the establishment and administration of colleges either by the governments (union or state) ..... management hereby agrees and admits that, the employees would be eligible for getting the pay and allowances revised regularly for the government employees by the government from time to time and the employees would be eligible for getting the pay and allowances arrived at having merged the 50% dearness allowance into the basic salary pay of the .....
Tag this Judgment!Court : Supreme Court of India
..... as a large number of persons falling within the exempted categories are allowed to consume intoxicating liquors in the state of andhra pradesh, the total prohibition of manufacture and production of these liquors is "arbitrary" and the amending act is liable to be struck down on this ground alone. ..... disqualified from becoming a member of parliament or the state legislature ..... notified in the official gazette been relieved from the disqualifications arising on account of such removal from office; or (e) has been disqualified from holding office under any provision of this act and the period for which he was so disqualified has not elapsed; or (f) holds any salaried office or office of profit in any gram panchayat, panchayat samiti, or zila parishad; or (g) has directly or indirectly, by himself or his partner any share or interest in ..... , those who had already attained the age of 55 on february 28, 1983 and those who attained the age of 55 between february 28, 1983 and august 23, 1984 on the one hand, and the rest on the other and denying the benefit of the higher age of superannuation to the former class is as arbitrary as the division of government employees entitled to pension in the past and in the future into two classes, that is, those that had retired prior ..... judge bench held section 17(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 to be unreasonable and arbitrary and violative of article 14 of the constitution. .....
Tag this Judgment!Court : Delhi
..... it is for all these reasons that the states came forward to levy fee by legislative amendments in order to cover up the expenses towards the pay, allowances and pensions of judicial officers and establishment staff, their residential ..... inter alia records the following: as the bill seeks to amend the court fees act, 1870 which is an act made by parliament, so, if the proposed amendment act is to prevail in the national capital territory of delhi, then, under the first proviso to sub-clause(c) of clause (3) of article 239 aa of the constitution, it will be reserved for the consideration and assent of the president. ..... the past, in england, the principle governing the levy of court fee was that the salaries and pensions of judges were paid by the state out of public ..... him. the letters that he wrote to his member of parliament and a chief constable, about the incident were stopped by the ..... the 20th december, 2001, the legislative assembly of the nct of delhi passed the delhi high court (amendment) act 2001, (delhi act no.5 of 2002) to amend the delhi high court act, 1966 (act no.26 of 1966) and the punjab court act of 1918. ..... though it would no doubt be difficult to calculate exactly how much of the expenditure of the supreme court is attributable to the administration of public, as distinguished from private justice, the salaries and pensions paid to the judges may perhaps be taken to represent fairly that ..... establishment. the salaries of judicial officers should be a charge on the .....
Tag this Judgment!Court : Delhi
..... it is for all these reasons that the states came forward to levy fee by legislative amendments in order to cover up the expenses towards the pay, allowances and pensions of judicial officers and establishment staff, their residential ..... inter alia records the following: as the bill seeks to amend the court fees act, 1870 which is an act made by parliament, so, if the proposed amendment act is to prevail in the national capital territory of delhi, then, under the first proviso to sub-clause(c) of clause (3) of article 239 aa of the constitution, it will be reserved for the consideration and assent of the president. ..... the past, in england, the principle governing the levy of court fee was that the salaries and pensions of judges were paid by the state out of public ..... him. the letters that he wrote to his member of parliament and a chief constable, about the incident were stopped by the ..... the 20th december, 2001, the legislative assembly of the nct of delhi passed the delhi high court (amendment) act 2001, (delhi act no.5 of 2002) to amend the delhi high court act, 1966 (act no.26 of 1966) and the punjab court act of 1918. ..... though it would no doubt be difficult to calculate exactly how much of the expenditure of the supreme court is attributable to the administration of public, as distinguished from private justice, the salaries and pensions paid to the judges may perhaps be taken to represent fairly that ..... establishment. the salaries of judicial officers should be a charge on the .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings (3) in other respects, the powers, privileges and immunities of each house of parliament, and of the members and the committees of each house, shall be such as may from time to time be defined by parliament by law, and, until so defined shall be those of that house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty fourth amendment) act 1978 (4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who ..... empowerment of women committee on estimates committee assurances committee on papers laid on the table committee on petitions committee on private members bills and resolutions committee on public accounts committee on public undertakings committee legislation committee on the welfare of scheduled castes and scheduled tribes house committee joint committee on offices of profit joint committee on salaries and allowances of parliament library committee rules committee subordinate of members 15 15 15 30 15 15 15 15 22 22 15 30 12 15 15 9 15 68 from there are ..... regina (bradley and others) v secretary of state for work and pensions (attorney general intervening)20, the court of appeal visited the statement in prebble that section 16(3) of the parliamentary privileges act, 1987 in australia declared the true effect of article 9 of the bill of rights and that section ..... parliamentary committee report which 97 (2001) 1 scc498 (2002) 7 scc368108 had made several recommendations in this regard .....
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