Court : Delhi
Reported in : 146(2008)DLT455
..... radio, visual or other electronic-magnetic mean but shall not include broadcasting services: provided that the central government may notify other service to be telecommunication service including broadcasting services 'telegraph' means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature ..... juxtaposed the definition in section 2(1)(k) along with 3(1aa) of the indian telegraph act, 1885 (telegraph act):2(1)(k)3(1aa)'telecommunication service' means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, ..... the trai act; a certiorari for quashing tariff orders dated 15.1.2004, 1.10.2004, 1.12.2004 and 29.11.2005 and the telecommunication (broadcasting and cable services) interconnection regulation, 2004 it has further been prayed that the court should declare that trai is not competent to regulate broadcasting services as also another declaration to the effect that these impugned orders and impugned interconnect regulations are vocative of articles 14 and 19(1)(a) and (g) .....
Tag this Judgment!Court : Gujarat
Reported in : 2008GLH(1)527; (2008)2GLR1031
..... : unless in any case it be otherwise distinctly provided, the whole time of a government employee is at the disposal of government and he may be employed in any manner required by the proper authority, without a claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from the consolidated fund of india or of a state or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the government.17. ..... after considering the representation made on behalf of the association of various medical officers, passed another resolution dated 29.3.2007 (impugned herein), whereby it has continued with the policy of non-payment of npa to all in-service doctors, but with the modification that if the doctor has completed 15 years or more years of service in the government service, then he will have an option to opt for npa, or not to opt for npa and for permission for private practice. ..... framed by the government in exercise of the power under article 309 of the constitution, including that of gujarat civil services (conduct) rules, 1971 (hereinafter referred to as the 'conduct rules' for the sake of convenience), gujarat civil services (general conditions of services) rules, 2002 (hereinafter referred to as the 'general rules' for the sake of convenience), and gujarat civil services (pension) rules, 2002 ((hereinafter referred to as the 'pension rules' for the sake of convenience), have preferred .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)GLR945
..... the state government to make a person retire earlier than his superannuation age, as could be done in the case of servants directly recruited by the state of saurashtra and governed by the bombay civil services rules, adopted by that state, and at the same time to have the power to extend, in a suitable case, the age of retirement so that in exceptional cases, the state government can ..... was invoked after a lapse of about three years from the petitioners' attaining the age of 50 years and also because the rule being a term of service for the benefit of the state, the state must be said to have waived the power under the rule by not invoking it when the petitioners reached their respective fiftieth ..... , namely, the attempt on the part of the government of saurashtra state to bring about uniformity in the conditions of service applicable to its servants, directly recruited by it and those absorbed from the covenanting states and its previous attempt to apply the bombay civil services rules to persons even from the covenanting states, would seem to show that the rajpramukh wanted to reserve power to ..... . it appears that after the various covenanting states integrated into the state of saurashtra and their employees were absorbed into the service of the newly formed state of saurashtra, the government of saurashtra state believed that the bombay civil services rules adapted by it in september 1948 applied, not only to the employees recruited directly by the state government but also to .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR603
..... free and competent legal aid for his defence for fair and free trial, but it becomes mandatory for the court to provide competent legal aid to the accused in defence, when he is found disabled to procure service of a private advocate for his defence or, in a case, where, he himself embarks upon conducting the trial, and who, is an ignorant, illiterate, unsophisticated villager or even a literate who is not a legally trained person, and more so, ..... 'the procedure under which a person may be deprived of life or liberty should be 'reasonable, fair and just', now, a procedure, which does not make available the legal services to accused person, who is poor to afford a lawyer and who would, therefore, have to go through the trial wilhout legal assistance, cannot possibly be regarded as 'reasonable, ..... speaking, irrespective of economic or any other disability, to ensure fair, free and impartial trial, the accused person, in any case, in any trial, unable to procure and engage the services of a private lawyer, by economic disability or by any other reason, irrespective of the nature of the charge or the indictment, he shall have to be provided with legal aid in ..... entire factual scenario emerging from the record, we are of the opinion, that the trial court has committed serious error in not providing free and competent legal aid or the services of a competent advocate in defence of the accused before the trial court when minimum sentence prescribed is r.i, for 10 years and minimum fine of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1343
..... stated that the government had, pursuant to the order dated 4-5-2001, made in the said petition, directing the state government to decide the representations of the ad hoc lecturers, taken a decision that the services of all the 330 persons appointed as lecturers in government colleges on ad hoc basis from time to time by the commissioner of higher education pursuant to their selection by local selection committee constituted under the circular dated ..... the powers to relax the mandatory quota rule and further assuming that the posts in the integrated grade ii and iii were within the purview of the union public service commission and accepting for the time-being that the commission was not consulted before the power to relax the rule was exercised, yet the action taken would not be ..... of maharashtra, reported in 2000 (2) scc 552, was cited to point out that, where it was contended on behalf of the appellants that some of them had put in more than 17 years of service, when a few of direct recruits were either schooling and/or not born in the cadre, and that if the appellants were pushed down, it would cause great hardship to them, the supreme court, ..... in air 2001 sc 606 was cited to point out that, in a case where the lecturers appointed by way of stop-gap arrangement had put in 10 to 20 years of service, the court observed that such cases involve not only a question of law, but also human problem inasmuch as these part-time lecturers had served in different colleges for a long period .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR52
..... , as reflected in the resolution of 1-2-1977, it is not being followed in practice, we, while rejecting the challenge of the petitioner against the impugned recruitment rules, consider it appropriate to direct that the entire issue of reservation of appointments or posts in judicial services be considered and an appropriate decision be taken by the respondent - high court keeping in view the concept of social justice underlying the scheme of reservation under article 16(4) read with article 335 of the constitution and article 46 and ..... special provisions relating to certain classes, provides that the claims of the members of the scheduled castes and scheduled tribes shall be taken into consideration consistently with the maintenance of efficiency of administration in making the appointments to services and posts in connection with the affairs of the union or of a state.9.1 the high court, being 'state' within the meaning of article 12 for the purpose of parts iii and iv of the constitution, is empowered to make special ..... rules, 1961 on the ground that they are violative of article 16(4) of the constitution of india as they do not provide for reservation for scheduled castes, scheduled tribes and other backward classes in the judicial services.1.1 there were other challenges raised in the petition as to the fixing of the minimum income limit for the purpose of considering the candidates, not inviting applications by advertisement and relying upon the recommendations made by the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR407
..... section 36 of the gujarat secondary education act, it is provided that no person who is appointed as a head-master, a teacher, or a member of non-teaching staff of a registered private secondary school shall be dismissed or removed or reduced in rank nor his services be otherwise terminated until (a) he has been given a reasonable opportunity of showing cause against the action proposed to be taken and (b) the action proposed to be taken has been approved in writing by an officer authorised in this behalf by the board. ..... -section (1) a right to appeal to the tribunal.13.1 in clause (a) of sub-section (1) of section 40b of the bombay primary education act, it is provided that no teacher of a recognised private primary school shall be dismissed or removed or reduced in rank nor his services be otherwise terminated until (a) he has been given an opportunity of showing cause against the action proposed to be taken and (b) the action proposed has been approved in writing by the administrative officer of the school-board. ..... the gujarat secondary education act had come to the conclusion that the provision is applicable not only in regard to penal action resulting in dismissal or removal or reduction in rank, but also to an action which results in termination of service of a teacher otherwise than by way of a disciplinary action.8.3 learned counsel for the employees has also relied on a decision of the learned single judge of this high court in the case of mahuva kelavani sahayak samaj v. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj128
..... and if the duties of the deputy secretaries are arduous, as admitted by the respondent, for the members drawn from the indian administrative service and the rajasthan administrative service, then they are equally arduous for the members of the rajasthan secretarial service, and there is no reason to deprive them of their right to draw the special pay which, according to the learned counsel for ..... the petitioner's salary on appointment as deputy secretary was fixed in a scale of pay which is higher than the scale of pay prescribed for the rajasthan administrative service and that while fixing his salary in the new grade he got the benefit of getting tin initial increase of rs 150 which, in my opinion, was in ..... it is also averred that the government of rajasthan is free to create a separate service for the employees in the secretariat and to prescribe a difference scale of pay for such a service.it is further averred that the members of the rajasthan administrative service and the indian administrative service belong to different services and they are recruited from different sources with different qualifications prescribed for them and they ..... further contention is that the persons who are appointed deputy secretaries to the government of rajasthan belonging to the indian administrative service or the rajasthan administrative service are required to perform the same nature of work under similar conditions and circumstances which a deputy secretary drawn from the rajasthan secretariat .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj149; RLW2003(4)Raj2409; 2002(5)WLC283
..... summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges, (if any) chargeable for such service or to present copies of the plaint or concise statement, or (b) because the plaintiff does not appear when the suit is called on for hearing, the court shall order the plaintiff, or any person ..... known of her or his this legal right under the act, 1987, the litigant of the category enumerated under section 12 of the act, 1987 does not desire to get the free legal service the advocate concerned to mention and bring it to the notice of the court concerned in the form of formal declaration of his own or of the litigant concerned to be enclosed to the petition, suit ..... act, 1987 (hereinafter shall be referred to as 'the act of 1987') was enacted by the parliament in the 38th year of republic of india to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that the opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to ..... the litigant of this category on being come to know about her or his this legal right desires to get the free legal services, the advocate concerned is to send him or her to the concerned legal service authority/committee and the latter shall proceed, consider and decide the matter for grant of this benefit to her or him in accordance with the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1994Mad252; (1994)IMLJ260
..... a chronic nature, the patient should consult the authorised medical attendant, either at his consulting room, if it has been so maintained or in the hospital as an out-door patient, and further that ordinarily a member of the service is expected to receive treatment from the authorised medical attendant, but in exceptional circumstances, reimbursement of the cost of medical treatment incurred on the advice of the private practitioner can be reimbursed by the state government, if the state government ..... to by government servants; (2) in case where the patient requires specialised treatment in a private hospital in the normal course, the government servant should apply for prior permission of the director of medical education/director of medical services and family welfare and the directors should specifically certify that the treatment proposed to be performed in the particular case is of complicated nature and is not available in the government medical institution; and (3) in case of ..... the central government within a period of 45 days of the date of communication of the order; (4) as per rule 14(1) of the said rules, nothing in these rules shall be deemed to entitle a member of the service to reimbursement of any cost incurred in respect of medical services obtained by him or to travelling allowance for any journey performed by him otherwise than as expressly provided in these rules; (5) also as per rule 14(ii) of the said rules, noting in these rules shall be deemed to prevent .....
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