Court : Andhra Pradesh
Reported in : 1991CriLJ613
..... their salaries, allowances and pension and even the administrative expenses of the high court are charged on the consolidated fund of the state ..... reads : 'when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction - (a) in the case of a person, who is employed or, as the case may be, was at the time of commission of ..... 103 of the draft constitution read as follows :- 'a judge of the supreme court shall not be removed from his office except by an order of the president passed after an address supported by not less than two-thirds of the members present and voting has been presented to the president by both houses of parliament in the same session for such removal on the ground of proved misbehaviour or incapacity. ..... bakshi tek chand, opposing sri kamath's amendment, expressed the fear that, if the state legislature is empowered to pass a resolution regarding the removal of a judge of a high court, 'the members may be swayed by local prejudices and other considerations. ..... ' shri prabhudayal himatsingka, while opposing sri kamath's amendment, expressed the view that : 'it will be a dangerous thing to do so and to empower the provincial legislature to be able to remove a high court judge .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT64
..... ) of the andhra pradesh high court, on his appointment as chairman, national industrial tribunal, hyderabad, appointed by government to decide the question relating to pay, salary, allowances and other benefits payable to the employees of regional rural banks constituted by government under the regional rural banks act, 1976, with effect from 30-11-1987 when the tribunal assumed charge:-(i) pay: shri reddi, chief justice (retd. ..... -free official residence provided to a judge under sub- section (1) of section 22a or the allowance paid to him under sub- section (2) of that section;(b) the value of the conveyance facilities provided to a judge under section 22b;(c) the sumptuary allowance provided to a judge under section 22c;(d) the value of leave concession provided to a judge and members of his family,shall not be included in the computation of his income chargeable under the head 'salaries' under section 15 of the income-tax act, 1961.'10. ..... section 22-d was substituted by the high court and supreme court judges (conditions of service) amendment act (20 of 1988) with effect from november 1, 1986. ..... ) will be entitled to a pay which together with pension and pension equivalent of other forms of retirement benefits shall be restricted to rs. ..... 10-27/87-rrbgovernment of indiaministry of financdepartment of economic affairs(banking division)'jeevan deep' buildings, parliament street, new delhi-110001. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALT142
..... though there may be similarities the service conditions of the members were governed by the andhra pradesh administrative tribunal (salaries, allowances and conditions of service of chairman, vice chairman and members) rules, 1989 as amended from time to time. ..... so, the net argument of the petitioner is that he was entitled to pension plus salary in accordance with rule-3 of the andhra pradesh administrative tribunal (salaries, allowances and conditions of service of chairman, vice chairman and members) rules, 1989.6. ..... it enabled the parliament to provide by law for adjudication of disputes or complaints by the administrative tribunals with respect to recruitment and conditions of service of persons appointed to public services and in connection with the affairs of the union or the state. ..... it is an appointment to an independent autonomous tribunal but the union of india and the state government in terms of the act under which the tribunals have been created have power to lay down the conditions of service and in any case it is for the employer to decide what salary has to be paid to those who man such tribunals. ..... the government also in terms of section 35 of the said act issued notification no. ..... the andhra pradesh administrative tribunal has been created under the administrative tribunals act, 1985. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(3)ALT1
..... the salaries, allowances, pension and contributions towards provident fund of the officers and other employees of the mandal are to be paid out of the consolidated fund of the state.3. ..... the amendment act also enjoins that no meeting of the zilla praja parishad or mandala praja parishad shall be convened on a public holiday and during the period in which the legislative assembly or either house of parliament is in session. ..... this ad hoc rule lays down that the district collector shall be the chairman and the other two members of the district selection committee shall be the joint collector and the district development officer. ..... besides, all the m.l.as and m.ps who are members of the mandala praja parishads also are members of the zilla praja parishad. ..... the district collector is designated as the chairman and two others- the joint collector and the district development officer-as members of the committee. ..... , a member of the lok sabha whose constituency encompasses the mandal and a rajya sabha member nominated by government are also members of the mandala praja parishad. ..... panchayati raj and rural development, dated 24-6-87 constituting the district selection committee with the chairman, zilla praja parishad and the district collector, president of the mandala praja parishad, district educational officer and the district development officer as the other members, could not be superseded by the impugned executive order. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD102; 2004(4)ALT711
..... with this act and the rules made there under to provide for all or any of the following matters, namely:-- (a) the administration of the funds and other property of the board, and the maintenance of its accounts;(b) the summoning and holding of meetings of the board, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum;(c) the duties of (officers and other employees) of the board, and their salaries, allowances and other conditions ..... but even there it was necessary to enact a special act of parliament to enable such proclamations to become law by publication in the gazette though a royal proclamation is the highest kind of law, other than an act of parliament, known to the british constitution; and even the publication in the london gazette will not make the proclamation valid in scotland nor will publication in the edinburgh gazette make it valid for england. ..... if the board of the second respondent is dissatisfied with the tenor, content, or thrust of regulations, then the only legitimate course to deviate from the mandate of the regulations is to amend the regulations by following the substantive and procedural discipline ordained by section 79 of the act. ..... (b) the period of training shall be counted for the purpose of probation increment leave and pension etc. ..... 251 is claimed albeit hesitantly to be an amendment of regulations, it is necessary to extract t.o.o. ms. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1995)IILLJ1107AP
..... act as under:'(q) 'service matters' in relation to a person means all matters relating to the conditions of his service in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india, or, as the case may be, of any corporation or society owned or controlled by the government, as respects- (i) remuneration (including allowances) pension and ..... union or any civil post under the union: or (iii) a civilian not being a member of an all india service or a person referred to in clause (c) appointed to any defence service or a post connected with defence: and pertaining to the service of such member person or civilian, in connection with the affairs of the union or any state or of ..... act, 1985 (for shout 'the act') enacted by the parliament under article 323-a of the constitution of india which stipulates that the parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and ..... as illegal, arbitrary and without jurisdiction and consequently direct the first respondent to refund the amounts which were already deducted from the salaries of the petitioners and pass such other order or orders as this hon'ble court may deem fit and proper in the interests ..... and 323-b, was introduced in the constitution by the constitution (42nd amendment) act .....
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 : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... elections. finance commission:the constitution, qualifications for appointment, term of office of members, the conditions of service, salaries and allowances of members and the functions of a finance commission are set out in part vi of the 1994 act, in accordance with the mandate of article 243k of the constitution of ..... part xx deals with amendment of the constitution and article 368 of the constitution deals with power of parliament to amend the constitution and procedure thereof. ..... under section 36, the conditions of service, salary, emoluments and pensions of the officers and other employees of the gram panchayat are to be conditioned by the rules made under the proviso to article 309 of the constitution and their emoluments and terminal benefits, if any, are to be paid out of the consolidated fund of the state ..... gazette, dated 6-1-2003 had made amendments to g.o. ms. no ..... of karnataka, 2003 (4) klj 453, the full bench of karnataka high court at para 13 held:'it is settled that provision of one act cannot be a ground to declare the other act as ultra vires for not having that provision in that act. ..... 22300/2003 is allowed and proposed parties are impleaded as respondents 3 to 5 ..... state of rajasthan, : [2003]2scr933 , it was held by the apex court at para 15 :'it is true that this court in interpreting the constitution enjoys a freedom which is not available in interpreting a statute and, therefore, it will be useful at this stage to reproduce what lord diplock said in duort steels ltd., .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD315; 2008(4)ALT240
..... he also contended that persons appointed as vice-chancellors constitute a group and must be considered as persons similarly situated and must be treated alike; whereas by virtue of section 13(a) a differentiation is made between him who was the vice-chancellor on the date of the commencement of the amending act and other persons who are to be appointed as vice-chancellors thereafter and that this differentiation is without any basis nor as such a classification has any ..... act; that the act was passed by the parliament, which admittedly has the competence to do so, and no mala fides or malice can be attributed to the legislature; that the act had been passed by the parliament for achieving the laudable object in public interest and in the interest of promoting education, which is of national importance, as amply set out in the objects and reasons of the act; that the petitioner failed to substantiate how section 46(a) is arbitrary and ultra vires of sections 4(v) and 13 of the act or violative of articles 14, 16 and ..... to the provisions of this act, every person employed immediately before the commencement of this act in the central institute of english and foreign languages, hyderabad, shall hold such employment in the university by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the central institute of english and foreign languages, hyderabd, if this act had not been passed.section .....
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