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 ). ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... 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. ..... ambedkar, while debating the need to provide pensionary benefit to the president of india, threw some light on the question: whether the constituent assembly sought to exclude post retirement benefits to members of parliament: therefore, in the form in which the amendment is moved, i do not think that it is a practical proposition for anyone to accept. .....
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 ). ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... 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. ..... ambedkar, while debating the need to provide pensionary benefit to the president of india, threw some light on the question: whether the constituent assembly sought to exclude post retirement benefits to members of parliament: therefore, in the form in which the amendment is moved, i do not think that it is a practical proposition for anyone to accept. .....
Tag this Judgment!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 . .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
..... to the provisions of this constitution and of any law made by parliament, the conditions of service of persons serving in the indian audit and accounts department and the administrative powers of the comptroller and auditor general shall be such as may be prescribed by rules made by the president after consultation with the comptroller and auditor general (6) the administrative expenses of the office of the comptroller and auditor general, including all salaries, allowances and pensions payable to or in respect of pensions serving in that office, shall be ..... sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of ..... vigilance minister on the from by commission commissioner (chairman recommendation - persons the president of the who are - ) committee or have date he on ground vigilance enters of proved commissioners been in office or misbehaviour (cvc act, leader of all india 65 or 2003) (not more opposition service or years, incapacity than2) in the lok civil whichever sabha service is (after sc s (section 3 with .....
Tag this Judgment!Court : Supreme Court of India
..... 6, there shall be established, as soon as may be after framing of the pension scheme, a pension fund into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme, (a) such sums from the employer s contribution under section 6, not exceeding eight and one third per cent, of the basic wages, dearness allowance and retaining allowance, if any, of the concerned employees, as may be specified in the pension scheme; (b) such sums as are payable by the employers of exempted establishments ..... under sub section (6) of section 17; (c) the net assets of the employees' family pension fund as on the date of the establishment of the pension fund; (d) such sums as the central government may, after due appropriation by parliament by law in this behalf, specify ..... (vii) the requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds rs.15000/ per month as an additional contribution under the amended scheme is held to be ultra vires the provisions of the 1952 act. ..... union of india & others [(2003) 12 scc68 and pepsu road transport corporation, patiala vs. .....
Tag this Judgment!Court : Supreme Court of India
..... who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers, and privileges of, but shall not otherwise be deemed to be, a judge of that high court: provided that nothing ..... to introduce the national judicial appointments commission ( njac ) through a constitutional amendment could not withstand the constitutional challenge in supreme court advocates-on-record association & ..... the resolution states as under:"resolved further that, keeping in view the large pendency of civil and criminal cases, especially criminal appeals where convicts are in jail and having due regard the recommendation made by the 17th law commission of india in 2003, the chief justices will actively have regard to the provisions of article 224a of the constitution as a source for enhancing the strength of judges to deal ..... pension; though the precise definition of "privileges" of an ad hoc judge was left to the parliament ..... whether a retired judge must consent to his appointment;2) whether a retired judge draws salary after his appointment as an ad hoc judge;3) whether the appointment of ad hoc judges ..... demon of patronage" and on the other hand views being expressed that it was possibly better to call back a retired judge instead of appointing a 44 member of the bar .....
Tag this Judgment!Court : Karnataka
..... been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his 139 salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.81. ..... been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, compensatory allowance as the president may by order fix. ..... we accept the argument advanced by some of the learned counsel for the petitioners that it was necessary for all the members of the permanent committee to read each and every judgment and make analysis thereof, if in a given case where there are fifty candidates and each of them submits more than fifty judgments, for meticulous reading of all the 2500 judgments, it will require days ..... the service, pension, travelling allowance, etc. ..... assumed grievances apart, it must be sufficiently 15 (2003) 9 scc592189 substantiated to have firm or concrete basis on properly established facts and further proved to be well justified in law, for being countenanced by the court in exercise of ..... of service, pension, travelling allowance, etc. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
..... families, in accordance with the provisions of this act and defraying the charges and costs in connection therewith; (ii) payment of fees and allowances to members of the corporation, the standing committee and the medical benefit council, the regional boards, local committees and regional and local medical benefit councils; (iii) payment of salaries, leave and joining time compensatory allowances, allowances, compassionate allowances, pensions, contributions to provident or other benefit fund of officers and servants of the corporation and meeting the expenditure in respect of officers and other services set up for the purpose ..... in the year 2009, based on the recommendations of the esic, the ministry of labour and employment, government of india formulated proposals for comprehensive amendments to the esi act and introduced the employees state insurance (amendment) bill, 2009 which along with further amendments as suggested by the standing committee was passed by both houses of the parliament and received the assent of the president of india and was enacted as the employees state insurance (amendment) act, 2010 which came into effect from 1st june, 2010. ..... . we may usefully advert also to the judicial pronouncement rendered by the supreme court of india, reported at (2003) 7 scc532 centre for public interest litigation v .....
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