Court : Patna
..... learned counsel for the petitioner relies on the provisions of rule 9(2) of the bihar legislature (members' salary, allowances and pension) (amendment) ordinance 1997 (hereinafter referred to as the 'amending ordinance') that medical expenses for liver transplantation for an ex-legislator is admissible. ..... he next submits that the bihar legislature (members' salaries, allowances and pension) act 1960 (hereinafter referred to as 'the act'), or the 1990 rules thereunder (hereinafter referred to as the '1990 rules'), does not prohibit treatment of legislators or ex-legislators abroad.4. ..... the position is fundamentally different in the present case where ex-legislators are allowed reimbursement under the act and the rules governing their cases. ..... let the payments be made on verification of the claims within a period of four months from today failing which the original petitioner shall be entitled to interest @ 6% from the date the expenses were incurred till the date of payment. ..... however, the definition portion of 'government hospital' and medical attendants cannot come in the way of the petitioner's claim, inter alia, for the reason that the act and the rules contemplate a situation that the treatment of the ailment is available in india. ..... there is no indication at all in the act or the rules that prior permission for the treatment is a sine qua non for claim for treatment abroad and for reimbursement. .....
Tag this Judgment!Court : Patna
..... it is stated by the learned counsel for the petitioner that during the pendency of the writ petition petitioner has already been paid his arrears of salary and is being paid current salary but no deputation allowance is being paid to him in terms of the government of bihar finance department circular no. ..... learned counsel fore the board vehemently opposed the claim of the petitioner on the ground that his case does not stand on the same footing as that of the said tarun kumar sharma because in the case of do the government employee deputed from other department deputation allowance is being paid whereas those who are deputed from the public health engineering department they are treated as transferred employees in terms of section 17 of the bihar state water and sewage board act, 1982. ..... section 3 of the act provides that the state government shall by notification in the official gazette constitute a board to be called bihar state water and sewage board sub-section (2) of the said section specifically provides that the board shall be a body corporate by the said name having perpetual succession and a common seal and shall sue and be sued by the said name and shall have power to acquire hold or dispose of property. ..... learned counsel for the state accepts, on the basis of the counter affidavit filed by him, that the petitioner is a deputationist but states that no liability for the payment of deputation allowance. ..... 4468 dated 16.8.1991 as amended by memo no. .....
Tag this Judgment!Court : Patna
..... here each of the petitioners is praying for regularization of their services and for payment of salary in the scale of class iv employee. ..... quoting the provisions of article l(d)(i) of schedule ii of the court fees act as amended by section 2 of court fees (bihar amendment) act, 1995 (bihar act 7 of 1996) in its application to article 226 of the constitution the bench noted that rs. ..... thus, what is relevant is that two or more persons cannot join in a single application for a writ of mandamus to enforce separate claims, but where the claims are same and against the same authority, two or more persons can join in a single application for a writ of mandamus.5. ..... as each of the petitioners has common and joint interest they may be allowed to present joint petition but the petition being on behalf of each of the petitioners, each shall be liable to pay separate court fee. ..... article 1 of schedule ii of the court fees act provided for fixed fees on application or petition and once it is held that joint petition filed on behalf of several petitioners is, in sum and substance, petition on behalf of each of the petitioners, separate court fee deserves to be paid.6. ..... having heard counsel and going through the reasons of the learned writ court, we are of the opinion that whenever interest is common or similar, whether by one stroke of pen, if the impugned notification can be set aside, one set of court fee is only required. .....
Tag this Judgment!Court : Patna
..... we make it clear that the state government is not obliged to provide for payment of salaries and allowances to the officers and servants appointed by the board in breach of the provisions of the act and without approval of the state government. ..... counsel for the petitioners also submitted that the persons illegally appointed may not be paid their salaries and allowances, and the petitioners herein were not interested in payment of salaries and allowances to persons illegally appointed. ..... and the funds required to meet its obligations, and after examining the same and working out the liability incurred by the board, the state shall make available to the board necessary funds to meet such obligations, including arrears due, within a period of three months from the date on which the board furnishes the necessary statement to the government, the board shall upon receipt of the amount, pay to the employees legally appointed, their arrears of salaries and allowances within two weeks. ..... if the board, contrary to law, appoints on its own officers and servants without approval of the government, the government is not obliged to allocate funds for the payment of salaries and wages to such illegally appointed officers and servants. ..... some provisions of the act were amended by amendment act of 1981. ..... we shall take notice of the provisions of the act as mended by the amendment act of 1981. .....
Tag this Judgment!Court : Patna
..... (i) with effect from the date of com-mencement of the bihar legislature (members' salaries, allowances and pension) (third amendment) act, 1976 every such person as the case may be-- (i) as a member of the bihar legislative assembly; or (ii) as a member of the bihar legislative council; or (iii) partly as a member of the bihar legislative assembly or partly as a member of this bihar legislative council; *** *** ****** *** *** (2) *** *** *** (3) where any person entitled to pension under sub-section (1) is also entitled to any pension from the central government or any state government or any corporation owned or controlled by the central government ..... on 9-6-93, section 8a of salary, allowances and pension of member of parliament act, 1954 was amended by act no, 48 of 1993 as under:-- '(b) for sub-section (3), the following subsection shall be substituted, namely :-- (3) where any person entitled for pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension. ..... however, this has no bearing on the payment of pension to the members of legislative council of bihar. ..... 3, senior accounts officer, bihar, patna stopping the payment of pension of the petitioner as member of legislative council, bihar. 2. ..... 3 stopped payment of pension of member of legislative council. .....
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..... or site for the market;(ii) the maintenance and improvement of the market;(iii) the provision and maintenance of standard weights;(iv) the construction and repair of buildings (check posts, market gates and other fixtures) necessary for the purpose of such market and for the health, convenience and safety of the persons using it;(v) the pay, pensions, leave allowances, gratuities, compensations for injuries resulting from accidents, compassionate allowances and contributions towards leave allowances, pensions or provident fund of the officers and servants employed by it;(vi) the payment of interest on the loans that may be raised for the purposes of the market and the provision ..... . sales of motor spirit, diesel oil and alcohol taxation (amendment) act, 1976, which was declared to be null and void by the high court of allahabad in so far as it purported to levy purchase tax on industrial alcohol ..... . commercial taxes officer, kurnool, air 1961 sc 412 .....
Tag this Judgment!Court : Patna
..... the petitioner in this application originally prayed for a direction upon the respondents to make payment of salary to him from december, 1990 till date and further directing them not to prevent the petitioner from working and/or from discharging his duties as assistant auditor. ..... we, allowed the said application for amendment and treated the same to be part of the writ petition.5. mr. s. b. ..... state of bihar 1991 (2) pljr 513 this court was considering the provision of medicinal and toilet preparations excise duties act, 1955 and it was held that the prayer of the petitioners for renewal of the licence under the aforementioned act could not have been based only on an adverse inspection report without giving an opportunity to the affected person to explain or communicate the grounds on which the licensing authority proposed not to renew the licence. ..... sohail anwar learned counsel appearing on behalf of respondent university however, submitted that any appointment on a post which is not sanctioned by the state of bihar as is mandatorily required under section 35 of the bihar state universities act, 1976 mast be held to be illegal and without jurisdiction.learned counsel in support of his contention has relied upon amrendra kumar thakur v. ..... it was further directed that those persons who had been paid salary after 30-11-1988 their appointments being in complete violation of the university act would be cancelled and their services were directed to be terminated. .....
Tag this Judgment!Court : Patna
..... the said definition of the word 'employee' under section 2(13) of the bonus act as it stood prior to the payment of bonus (second amendment) ordinance, 1985 is set out below: 'employee' means any person (other than an apprentice employed on a salary or wage not exceeding rs. ..... and the employees in whose favour the aforesaid complaint had been lodged are all outside the purview of the said bonus act and under the said scheme a sum equivalent to two months' salary (basic plus dearness allowance) is transferred to the superannuation fund of such supervisors under the said scheme in lieu of bonus prior to the aforesaid second amendment ordinance, 1985. ..... the payment of bonus act is a special act dealing with a special subject.xxxx xxxx xxxx the act, therefore, makes provision for the first time for an extraordinary right which was not within the contemplation of the industrial law before and was passed with the sole object of conferring only that right upon the employee and providing for it. ..... called a bonus or by any other name); (d) any sum which reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force; but does not include :- (1) any bonus .....
Tag this Judgment!Court : Patna
..... taken that in absence of any provision under the bihar hindu religious trust act (in short 'the act') and its bye-laws or a specific notification or resolution, adopting rules applicable to the government servants, the order of interim suspension is illegal and without jurisdiction.in alternative it has been urged even it is held that the board is competent to suspend its employees in contemplation of a departmental proceeding, in absence of any specific provision for payment of subsistence allowances, the petitioner would be entitled for total remuneration for the period, he was under suspension.4. ..... to him, 'cost of living allowance', as indicated in bye-law 38 includes the payment of subsistence allowance in a given case. ..... hotel worker's union : (1959)iillj544sc , wherein, it has been pointed out that it is open to the employer not to take work from the employee, but unless there are some provisions in the contract of employment or in the rules framed, governing the terms and conditions of the services of the employee, making him entitled only to a subsistence allowance during the period of suspension, the employee has to be paid full salary for the period when he was under suspension.15. ..... he further contended that a proposal was already submitted by the board to the government in the year, 1985 to approve necessary amendments with regard to the pension rules as also to adopt any other provision prescribed under the bihar service code.13. ..... : (1961)illj652sc and held thus: .....
Tag this Judgment!Court : Patna
..... section 6 of the act which is relevant for the purpose reads as follows:section 6 (i) on and from the date of repeal of the act, all officers and employees of the board shall remain in employment, as if the act has not been repealed and they shall continue to be paid same salary and allowances as was payable on the date of repeal of the act till such time. ..... the state government shall thereafter approve the scheme:provided that it shall be open to the state government to modify, amend or suggest modification or amendment and the scheme thereafter shall be made operational in such form and interest as finally approved by the state government scheme approved by the state government shall be considered as statutory scheme framed under this act. ..... (v) scheme framed under this act shall have effect, notwithstanding any other act, ordinance, rule, regulation, direction, order or instruction and condition of service of officers and employees of the board or the committee, shall be governed and regulated under the scheme to the extent provision has been made in the scheme:provided further that it shall be competent for the state government to amend, modify, alter or substitute the scheme so framed for removal of difficulties in implementation of the scheme.3. ..... the respondents have a duty to work out the liability of these petitioners in accordance with the provision of section 25f of the industrial disputes act and take steps for payment of the.... .....
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