Judgment Search Results Home > Cases Phrase: salary allowances and pension of members of parliament amendment act 2003 Page 5 of about 692 results (0.080 seconds)

O'Brien Vs. Ministry of Justice (Formerly the Department for Constitut ...

Court : UK Supreme Court

..... full-time judges and salaried part-time judges are entitled to pensions on retirement, subject to and in accordance with the provisions of the judicial pensions act 1981 and the judicial pensions and retirement act 1993. ..... (7) there shall be paid to recorders out of money provided by parliament such remuneration and allowances as the lord chancellor may, with the approval of the minister for the civil service, determine." 22 ..... of the ecj in ma de weerd (roks) v bestuur van de bedrijfsvereniging voor de gezondheid, geestilijke en maatschappelijke belangen (case c-343/92) [1994] 2 cmlr 325, a case about sex discrimination in social security benefits, at para 35: "35 although budgetary considerations may influence a member state's choice of social policy and affect the nature or scope of the social protection measures it wishes to adopt, they cannot in themselves constitute the aim pursued by that policy ..... 66 it must be recalled that budgetary considerations cannot justify discrimination: see, to that effect, sch nheit v stadt frankfurt am main (joined cases c-4/02 and c-5/02 [2003] ecr i-12575, para 85, and zentralbetriebsrat der landeskrankenh user tirols v land tirol (case c-486/08) [2010] ecr i-3527, para 46." 45. ..... the courts act 1971 made major changes in the justice system and (as amended) conferred the powers under which all recorders are still ..... the lord chancellor has from time to time issued and amended written memoranda as to the terms and conditions of service of recorders. .....

Deoki Nandan Agarwala Vs. Union of India (Uoi)

Court : Allahabad

Reported in : AIR1988All271

..... of sri agarwal for enhanced pension, the position is that under the government of india act, 1935, section 221 provided that:'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 majesty in council: provided that neither the salary of a judge, nor his rights in respect of leave of absence or pension, shall be varied to ..... benefit of section 17a to the judges who die on or after the commencement of the high court and supreme court judges (conditions of service) (amendment) act, 1986, is clearly unconstitutional for the reason given earlier, the words 'being in service on of after the commencement of the high court and supreme court judges (conditions of service) (amendment) act, 1986' have to be read down and omitted and family pensioned be paid on the basis that those words did not exist in the statute.53. ..... 35 of 1976, the statement of objects and reasons appended to the bill, which became the act oh being adopted by the parliament, runs as follows :'since the passing of the high court judges (conditions of service) act, 1954, there has been no material modification of the conditions of service of the high ..... a widespread feeling that in the present day context, the conditions of service are not attractive enough, especially with reference to the members of the bar. .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... . as the chronology would show, after due deliberation, the parliament, in exercise of its constituent power, amended the constitution by the constitution (sixty ninth amendment) act in the year 1991 and inserted articles 239aa and 239ab in the constitution to which we shall refer at an appropriate stage when we dwell upon the interpretative process. b ..... . the said articles require an 143 elaborate interpretation and a thorough analysis to unearth and discover the true intention of the parliament while inserting the said articles, in exercise of its constituent power, by the constitution (sixty ninth amendment) act, 1991 ..... 01.11.1956. article 239a which was inserted by constitutional fourteenth amendment act, 1962 had already contemplated that parliament may by law provide for legislative assembly for a ..... consideration. similarly, under clause (c), bills relating to salaries payable to the speaker, deputy speaker and the members of the legislative assembly of nct, the official language of the capital and of the legislative assembly and the salaries and the allowances of the ministers, are matters upon which the lieutenant governor has to reserve a bill for the consideration of the ..... . secretary of state for health71 ruled: 69(2011) 7 scc17970 (2006) 8 scc20271(2003) ukhl13: (2003) 2 ac687: (2003) 2 wlr692(hl) 126 the pendulum has swung towards purposive methods of construction ..... commission.42. state pensions, that is to say, pensions payable by the state or out of the consolidated fund of the .....

The President of South Africa and Others Vs. Machiel Frederick Reineck ...

Court : South Africa Supreme Court of Appeal

..... without needing to venture any further into historical matters s 1(2) of the public service and pensions act 29 of 1912 provided expressly that magistrates formed part of the public service. ..... section 12(6), which provides that the salary of a magistrate shall not be reduced except by act of parliament, was taken over from s 28 of the 1984 act and had counterparts in all earlier statutes governing the public service. ..... [27] see s 22 of the public service act 54 of 1957; s 14 of the public service act 27 of 1923 and s 71 of the public service and pensions act 29 of 1912. ..... magistrates are also members of the same pension fund and medical scheme as members of the public service. ..... [14] by the magistrates amendment act 35 of 1996. ..... immediately upon his appointment as a magistrate in randburg he lodged a claim for payment of a relocation allowance in terms of regulations 23(1)(g) and (h) of the regulations. ..... it would, for example, have been open to mr reinecke to apply for an interdict restraining mr booi from implementing his decision to remove him from relief work and to prevent the removal of the allowance or any deductions being made from his salary by way of recoupment of past payments of the allowance. ..... that was manifestly inappropriate as was demonstrated when questions were posed in the course of the appeal about the validity of the allowances for contingencies. .....

B. Narsimha and ors. Vs. Commanding Officer, Station Workshop and ors.

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 .....

Pramatha Nath Mitter and Ors. Vs. Hon'ble the Chief Justice of the Hig ...

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 .....

Govt. Of Nct Of Delhi Vs. Union Of India

Court : Supreme Court of India

..... parliament responded to the anomaly created by the judgment in shiv kirpal singh (supra), and inserted an explanation to article 54 by the constitution (seventeenth amendment) act 1992. ..... in 1962, article 239a was inserted through the constitution (fourteenth amendment) act 1962, which gives discretion to parliament to create by law, local legislatures or a council of 88 part l ministers or both for certain union territories. ..... the subjects pertaining to the salaries and allowances of members of the legislature of the state (including the speaker and deputy speaker) and of the ministers for the state are governed by entry 38 and entry 40 of the state list. ..... section 14 stipulates that the central civil services (conduct) rules 1964 and the central civil services (classification, control and appeals) rules 1965 and the central civil services (pension) rules 1972, as amended, shall be extended mutatis mutandis to all employees of the delhi fire service.154. ..... similarly, under danics and 8 (1976) 3 scc47312 part b danips rules 2003, once an officer is alloted to nctd, it is the administrator who appoints that officer to a post within nctd.9. mr. ..... sub-divisional officer thandla, (2003) 1 scc69239 (1984) 2 scc18378 part k an entry leads by itself to that entry not being available to the legislature of a union territory has been specifically rejected in the concurring opinion of justice chandrachud in the 2018 constitution bench in the .....

Justice M. Vijayaraghavan Vs. Union Of India

Court : Supreme Court of India

..... 8 article 221 of the constitution provides for salaries, allowances and pensions to be paid to the judges of the high courts. ..... . irrespective of the source from where the judges are drawn, they must be paid the same pension just as they have been paid same salaries and allowances and perks as serving judges ..... to him under * * * part iii of the first schedule before the date on which the high court judges (conditions of service) amendment act, 1976, receives the assent of the president, cancel such election and elect afresh to receive the pension payable to him under part i of the first schedule and any such judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said part i if the provisions ..... . a similar principle, as applicable to judges appointed from the bar, must be applied for computing the pension of a member of the district judiciary who is appointed to the high court ..... 9 the high court judges (salaries and conditions of service) act 19541 has been enacted by parliament to regulate salaries and certain conditions of service of the judges of the high court . .....

V.B. Raju Vs. State of Gujarat and ors.

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. .....

Union of India (Uoi) and anr. Vs. Shanker Raju

Court : Delhi

Reported in : 150(2008)DLT545; 2008(100)DRJ742

..... further submission was that the administrative tribunal (amendment) act, 2006 promulgated on 29.12.2006 in proviso to section 10 envisages that in case of a serving government servant appointed as a member, he shall be deemed to have retired from service but a subsequent service as member on his option has to be treated as a post-retirement re-employment counting for pension and other retirement benefits. ..... the respondent on the other hand, contends that as per rule 12 of the central administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman and members) rules, 1985 which are framed under article 309 of the constitution of india and, thereforee, are having statutory flavour, a member of the tribunal is entitled to the use of an official residence of the type admissible to an officer of the rank of secretary to the government of india stationed at ..... as mentioned above, the administrative tribunal act was enacted by the parliament, drawing powers from article 323-a of ..... under article 323a the parliament is authorised, by law, to provide for adjudication or trials by administrative tribunals of disputes and complaints with respect to the recruitment and conditions of service of persons appointed to public services and posts 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 of any corporation owned or controlled by the .....