Court : Supreme Court of India
..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... expenses of public service commissions the expenses of the union or a state public service commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the commission, shall be charged on the consolidated fund of india or, as the case may be, the consolidated fund of the state. 7 14. ..... article 32216 declares that the expenses of public service commissions shall be charged on the consolidated fund of india and such expenses include salaries, allowances and pensions payable to or in respect of the members or staff of the commission. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... union of india2 (hereafter referred to as common cause ) wherein this court held that parliament is 2 (2002) 1 scc882 competent to legislate on pensions for ex mps and as a corollary it has the power to prescribe any condition subject to which the pension may be paid. .....
Tag this Judgment!Court : Supreme Court of India
..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... expenses of public service commissions the expenses of the union or a state public service commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the commission, shall be charged on the consolidated fund of india or, as the case may be, the consolidated fund of the state. 7 14. ..... article 32216 declares that the expenses of public service commissions shall be charged on the consolidated fund of india and such expenses include salaries, allowances and pensions payable to or in respect of the members or staff of the commission. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... union of india2 (hereafter referred to as common cause ) wherein this court held that parliament is 2 (2002) 1 scc882 competent to legislate on pensions for ex mps and as a corollary it has the power to prescribe any condition subject to which the pension may be paid. .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1949PC129
..... 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. ..... or tenure of employment or any term or condition of employment or to use coercion or intimidation of any kind with a view to encouraging or discouraging membership in or activity in or for a labour organization or participation of any kind in a proceeding under this act; and if an employer or employer's agent discharges an employee from his employment and it is alleged by a trade union that such employer or employer's agent has thereby committed an unfair labour practice within the meaning of this clause, it shall be presumed, unless the contrary is proved, that ..... [20] section 14 gives to the board and the members thereof the power of a commissioner under the public inquiries act with liberty to receive and accept such evidence and information on oath, affidavit or otherwise as in its discretion it may deem fit and proper whether admissible as evidence in a court of law or not. ..... 69 of the statutes of saskatchewan 1944 (second session) as amended by chap. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1959)IILLJ267AP
..... section 28(5) of the aforesaid 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 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 ..... however, we are here only concerned with the articles as it stood prior to the constitution (seventh amendment) act and it definitely stated that 'state' means 'a state specified in part a or part b of the first schedule ..... of the constitution, which reads thus: 'in this part (part iii - fundamental rights), unless the context otherwise requires, 'the state' includes the government and parliament of india and the government and the legislature of each of the states and all locale or other authorities within the territory of india or under the control of government of india.'6. ..... his salary and allowances are not charged on the funds of the ..... it follows that 'executive officer' of a panchayat does not fulfill the definition of a member of a civil service of a state' or one holding a 'civil post under the state' within meaning of ..... 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP506
..... however, we are here only concerned with the article as it stood prior to the constitution (seventh amendment) act and it definitely stated that 'state' means ' a state specified in part a or part b of the first schedule:' this involves the idea that article 311 is attracted only to persons who are members of civil service of 'states' as defined there or as holding civil posts under the states, which connotes the same thing, namely, ..... the aforesaid 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 ..... an employee of a municipality or a local board is a member of a civil service within the range and sweep of article 311 of the constitution, reliance is placed on article 12 of the constitution which reads thus: 'in this part (part iii -- fundamental rights) unless the contest otherwise requires, 'the state' includes the government and parliament of india and the government and the legislature of each pf the states and all local or other authorities within the territory of india or ..... it is to be noted that the salary and allowances of the executive officer of a panchayat board should .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal545,65CWN920
..... object of enacting the section was to arm the president with power to control and regulate the vacations of the high courts in such manner as he thinks 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 high ..... on or about 17th december, 1958 parliament passed the high court judges' (conditions of service) amendment act, 1958 being act no. ..... article 225 of the constitution which preserves the jurisdiction of the existing high courts and the powers of the judges thereof in relation to the administration of justice in the court including the power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, indicates that regulation of the sittings of the court is expressly categorised as one of the matters comprehended within the connotation of the expression 'administration of justice' which is a subject .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC505; 1962(0)BLJR594; [1962]Supp1SCR505
..... 3, 1956, the respondent enquired of the accountant general of bihar about the number of passages to which he and the members of his family were entitled under the superior civil services (revision of pay and pension) rules, 1924 - hereinafter called the statutory rules. ..... 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 ..... 19(4) of that act as inclusive of leave pay, allowances and the cost of any privileges or facilities provided ..... the right to passage benefits was statutory, and was under the indian independence act in the nature of an allowance, or in any event privilege or facility paid ..... 3 of the all india services act, 1951, and thereby passage benefits in favour of the members of the indian administrative service, who were originally members of the indian civil service were ..... the parliament of india enacted the all india services act, 61 of 1951, to regulate the recruitment, and the conditions of service of persons appointed, to the all india services common to the union and the states, and ..... in dealing with the status of the members of the former indian civil service since the indian independence act, 1947, this court in state of ..... all india services act, 61 of 1951, the all india services (overseas pay, passage and leave salary) rules, 1957. ..... inter alia as to remuneration under the government of india act of 1919 were expressly guaranteed in favour of the members of the indian civil service. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2405; 1972LabIC1420; (1972)2SCC763; [1973]1SCR773
..... province holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, 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, notwithstanding that he is not a citizen of india, be eligible for appointment ..... judges of the high courts from the pound sterling- a foreign currency-that the parliament in its wisdom decided to effect the necessary amendment in the 1954 act, which removed the anomaly of paying pensions to a certain category of high court judges by first determining the amount of pension in a foreign currency and then converting that amount into indian rupees for payment to them. ..... we do not consider it necessary to trace the origin of the indian civil service and refer to its historical background for discovering the dominant object and purpose of the provisions relating to payment of pensions embodied in the 1937 order by correlating them with the provisions for making payment of the salaries and pensions in pounds sterling in england or of its equivalent in rupees in india, to the members of the covenated services entering into covenants with the british crown in england for serving in india, which at that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2055; 1974LabIC1362; (1975)3SCC171; [1975]1SCR797; 1974(6)LC543(SC)
..... 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. ..... article 312a which was introduced 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 constitution, retired or otherwise ceased to be in service at any time before the commencement of the constitution (twentyeighth amendment) act, 1972.15. ..... the amendment makes no distinction in the matter of payment of pension to the members of the indian civil service retiring after 12 june, 1956 irrespective of the fact that they are citizens of india or are of non-indian domicile if they draw their pension in india.10. ..... for the foregoing reasons, the petitions fail and ca 268 of 1972 is allowed and c.a. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619
..... and conduct of elections under this act including the final decision of doubts or disputes regarding the validity of the election; the manner in which and the conditions subject to which the shares of the corporation may 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 ..... allowances, if any, to be paid to the chairman and the members of the governing body and of standing and ad hoc committees and the tenure of office, salaries and allowances and other conditions of service of the director and other officers ..... act, 1953 the central government has the power to make regulations and the board to make bye-laws regarding the appointment, promotion and dismissal of its officers and other employees other than the secretary and the creation and abolition of their posts, as well as the conditions of service of its officers and other employees other than the secretary including their pay, leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment ..... article reads.in this part, unless the context otherwise requires, 'the state' includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the government of india .....
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