Judgment Search Results Home > Cases Phrase: the payment of salaries and allowances amendment act 1989 1 Court: allahabad Page 2 of about 154 results (0.271 seconds)

Ram Chandra Misra Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2003(1)AWC333

..... --these rules provide for payment of salary and other allowances, departmental proceedings etc. ..... the post to which he is appointed on the ground that the pay or the time-scale of the pay attached to the post is less than his present time-scale of pay, then hisservice shall be terminated after such notice and on such terms as he would have been entitled to on the abolition of the post held by him if this act had not been passed ; (e) in making appointments under clauses (a) and (b) due regard will be made for the length of service and experience of the officers and servants ; and (f) an officer or servant appointed to a post of which the pay or the ..... a central transferable cadre of karya adhikaris, abhiyantas, vitta adhikaris and other officers and where any such cadre has been created, appointment to the posts of karya adhikaris, abhtyantas, vitta adhikaris or other officers and employee aforesaid, as the case may be, shall be made out of the persons of the cadre concerned in such manner and on such terms as may be prescribed by rules, and notwithstanding anything elsewhere in this act,selection of persons to any such cadre and the transfer and punishment of officers, and employee of the cadre shall be regularised by rules. ..... (iv), apar mukhya adhikari was included by the amending act no. .....

Udai Pratap Singh Son of Sri Shyam Bihari Singh, Presently Posted as L ...

Court : Allahabad

Reported in : 2005(3)ESC1755

..... high schools and intermediate colleges (payment of salaries of teachers and other employees) act, 1971, and in other cases shall decline to give any grant for the salary and allowances in respect of such person ';11. ..... the petitioner has challenged the provisions of para 6 of aforesaid government order on various grounds mentioned in the amendment application wherein it is stated that under the provisions of sub-section 5 of section 7-aa the power has been conferred upon the state government to fix honorarium to be paid to the part-time teacher by a general or special order issued in this behalf the power in this regard cannot he delegated to the management of the institution so far as fixation amount of payment of salary as honorarium is concerned. ..... in the first case a direction has been issued to regularise the casual and daily rated employees, who have completed ten years service by 31st december, 1989. ..... , reported in air 1989 supreme court 1899, hon'ble apex court while examining the scope of judicial review under articles 32 and 226 of the constitution of india vis-a-vis doctrine of separation of powers, has very categorically held in paragraphs 17 and 19 of the decision as under:-'17. ..... 1989 (3) s.c. ..... chaurasia reported in air 1989 s.c. .....

J.C. Reddy Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1986All154

..... state universities act which provides that the state government shall be liable for payment of salaries of teachers and employees of every college due in respect of any period after march 31, 1974 ..... he may get the pay and allowances and may also enjoy the privileges attached to the post to which he is re-employed ..... as the petitioner has not amended the petition and has not sought any relief in respect of the government order, we are unable to consider the submissions made in the supplementary affidavit.33 ..... the petitioner assailed the constitutionality of the 10th amendment of the allahabad university statutes in so far as amendment of statutes 16.24 and 17.15 is concerned ..... this virus was removed by the amendment of statutes 16.24 and 17.15 by the allahabad university (fourteenth amendment) statutes, 1981. ..... in a writ petition, the petitioner can raise new grounds by amending the petition and adding new paras and reliefs. ..... the petitioner's learned counsel urged that the amendment of statutes 16.24 and 17.15 allahabad university (tenth amendment) statutes, 1980, was violative of article 14 of the constitution as it gave the benefit of re-employment to teachers retiring between 1st oct ..... annexure s-a to the supplementary affidavit filed on 10-1-1985 is a copy of the relevant amendment. ..... g is a copy of the amendment. ..... the allahabad university (14th amendment) statutes, 1981 was published vide notification no ..... allahabad university (tenth amendment) statute 1980 was published videnotification .....

Rajarshi Tandon Mahila Mahavidyalaya and ors. Vs. State of U.P. and or ...

Court : Allahabad

Reported in : (1998)1UPLBEC96

..... sri shailendra learned counsel for the petitioner repelled all the submissions made on behalf of the respondents and asserted that since the petitioner has been recognised by the statutory authorities as having been duly appointed on the post of routine clerk in the year 1977 and has been found to be actually working, she is entitled to the payment of salary and to work in the college as her appointment and working has been duly acknowledged and recognised by the statutory educational authorities as well as the government. ..... the management, for the matter, secretary of the institution, was competent to make payment of the conveyance allowance to a clerk and the payment of the nature did not require any sanction or approval of any statutory authority. ..... , the committee of management as well as principal of the college to prepare her salary bill for the period 1.9.1985 onwards and to release the salary and that the respondents be directed to allow the petitioner to work in the institution and to refrain from interferring with her peaceful working. ..... chapter xxiii relating to the qualifications and conditions of service of non-teaching staff of the associated college was inserted in the first statute, 1976 framed under the act by way of 3rd amendment, which is dated 11.5.1977. .....

Cit Vs. Ram Rattan Lal Verma

Court : Allahabad

Reported in : [2005]145TAXMAN256(All)

..... the other amendment has been made in section 10(1oaa) of the act to clarify that the exemption under the aforesaid provision shall be allowed only where the payment is received by the employee on his retirement, whether on superannuation or otherwise. ..... 'salary', 'perquisite' and 'profits in lieu of salary' defined.for the purposes of sections 15 and 16 and of this section,(i) 'salary' includes(i) wages;(ii) any annuity or pension;(iii) any gratuity;(iv) any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages;(v) any advance of salary;(va) any payment received by an employee in respect of any period of leave not availed of by him;.'7. ..... cit : [1985]152itr163(ap) has held that the 'profits in lieu of salary' includes the leave encashment amount and is, thus, a receipt which falls within the provisions of definition of 'profit in lieu of salary' as enacted in section 17(3)(ii) of the act.section 17 of the act defines 'salary', 'perquisites' and 'profits in lieu of salary'.'17. ..... para 2 of the said circular provides that the family of a government servant, who dies in harness and received the cash equivalent of the leave salary of the deceased employee is not income in hands of the family as it is not in the nature of income from an employer to employee. .....

Committee of Management, Pt. Jawahar Lal Nehru Inter College, Gorakhpu ...

Court : Allahabad

Reported in : AIR2005All101; [2005(2)JCR593(All)]; (2005)1UPLBEC85

..... high school and intermediate colleges (payment of salaries of teachers and other employees) act, 1971 (in short the u.p. ..... (5) the scheme of administration of every institution shall be subject to the approval of the director and no amendment to or change in the scheme of administration shall be made at any time without the prior approval of the director :provided that where the management of an institution is aggrieved by an order of the director refusing to approve an amendment or change in the scheme of administration, the state government, on the representation of the management, may, if it is satisfied that the proposed amendment or change in the scheme or administration is in the interest of the institution, order the director to approve of the same, and thereupon the director shall act accordingly. ..... by way of illustration, a situation may obtain where valid elections have been held but the previous committee of management has not allowed the newly elected persons to have actual control of affairs of institution. ..... where the persons are not found to be validly elected office-bearers, they cannot be allowed to manage and administer the institution only on the ground that they are in actual physical control over the affairs of the institution. ..... by way of illustration, such a situation may obtain where a valid election has been held, but the previous committee of management has not allowed the newly selected persons to have actual control of affairs of the institution. .....

Cit Vs. Vijai Pal Singh

Court : Allahabad

Reported in : [2005]144TAXMAN504(All)

..... the other amendment has been made in section 10(10aa) of the act to clarify that the exemption under the aforesaid provision shall be allowed only where the payment is received by the employee on his retirement, whether on superannuation or otherwise. ..... para 2 of the said circular provides that the family of a government servant, who dies in harness and received the cash equivalent of the leave salary of the deceased employee is not income in the hands of the family as it is not in the nature of income from an employer to employee. ..... for the purposes of sections 15 and 16 and of this section,-'17(1) 'salary' includes(i) wages;(ii) any annuity or pension;(iii) any gratuity;(iv) any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages;(v) any advance of salary;(va) any payment received by an employee in respect of any period of' leave not availed of by him;'.the expression 'salary' for the purposes of computing income for charging purposes will mean only as defined under section 17 of the act. ..... cit (1995) 152 itr 163 has held that the 'profits in lieu of salary includes the leave encashment amount and is, thus, a receipt which falls within the provisions of definition of 'profit in lieu of salary' as enacted in section 17(3)(ii) of the act.6. ..... section 17 of the act defines 'salary', 'perquisites' and 'profits in lieu of salary'.7. .....

Shreyaskar Tripathi Vs. State of U.P. and ors.

Court : Allahabad

..... high school and intermediate colleges (payment of salaries of teachers and other employees) act, 1971 and in other case shall decline to give grant for the salary and allowance in respect of such person. ..... the payment of salaries act, on the other hand, is an act to regulate the payment of salaries of teachers and other employees of high schools and intermediate colleges receiving aid out of the state funds and to provide for matters connected therewith. ..... the full bench answered the questions formulated by it, that on recognition granted by the board in respect of a subject in an institution under section-7a of the act, it will not be presumed that the post of lecturer in such subject stands sanctioned by the director of education under section 9 of the payment of salaries act, 1971. ..... the amendments to section 16-6 (2) (c) for transfer, cannot after the true construction and scope of enactment.25. ..... shri anil bhushan submits, the courts have no scope to innovate or set upon a task to amending or altering statutory provisions.16. ..... in section 7-a, which was substituted in the statute by amendment with effect from 14.10.1986 by u.p. .....

Smt. Mithilesh Gupta Vs. District Inspector of Schools, Ii, Kanpur Nag ...

Court : Allahabad

Reported in : 2002(1)AWC870; (2002)1UPLBEC751

..... 20.3.1996 and 8.3.1996 enclosed as (annexures-5, 6 and 7 to the writ petition) before the respondents and in utter violation of payment of salaries act, 1971 and the district inspector of schools/regional inspectress of girls schools who are responsible had not taken any heed to these representations. ..... the original prayer was allowed to be amended. ..... in view of the above discussions i find force in the submissions of the petitioner, the writ petition is liable to be allowed and the petitioner may be paid salary from april, 1999 in the grade of l.t. ..... 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of the intermediate education act, 1921, shall, with effect from the date of such commencement be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such appointment up to the date of such appointment.'6. ..... 2001 stop order has been passed by which learned standing counsel was allowed four weeks and no more to file counter-affidavit in the main writ petition as well as supplementary-affidavit but no counter has come so far. ..... --(1) every teacher directly appointed before the commencement of the uttar pradesh secondary education services commission and selection board (amendment) ordinance, 1985, on ad hoc basis against a substantive vacancy in accordance with paragraph 2 of the u. p. .....

Awadhesh NaraIn Pandey, Assistant Teacher Markandeya Ucchatar Madhyami ...

Court : Allahabad

Reported in : 2006(2)AWC2027

..... (a) to command an order in the nature and direction of mandamus directing the opposite part ids to make the petitioner's due salary with effect from 24.11.1990 till now and in future in accordance with law;(b) to pass any other and further suitable order as this hon'ble court deems fit and proper; and(c) to allow this writ petition with cost in favour of the petitioner.after passing of the order by this court on 25.8.2005, the petitioner filed an amendment application on 24.10.2005 seeking to incorporate the following prayer in the writ petition. ..... is identical and that issue has been earlier decided,, it cannot be re-opened in the same or other proceedings even though a new point may have been raised but which could have been raised earlier also.15. in the present case, though, conveniently the petitioner has not quoted the reliefs claimed in the earlier writ petition, but from a perusal of the judgment dated 29.1.1994 it is apparent that the relicts claimed in the earlier writ petition was for payment of salary from 24,-11.1990 for the ..... . since the petitioner purposely did not file the copy of the judgment alongwith this writ petition nor disclosed the contents of the judgment to the district inspector of schools, by these misrepresentations and fraudulent acts he has been able to obtain salary for the last more than 10 years and that too on the basis of an order passed in writ petition which was otherwise not maintainable .....