Court : Mumbai
Reported in : 2007(6)ALLMR59; 2007(5)BomCR472; 2007(4)MhLj318
..... position in law, that if the field is occupied by a statute, then the state government cannot have recourse to the powers under article 162 of the constitution of india and change the service conditions by invoking administrative powers. the provision of the act and rules were never amended so as to permit compulsory retirement. in similar facts a division bench of ..... acts/rules/orders: maharashtra employees of private schools (conditions of service) resolution act, 1977 - section 4(1)(6); maharashtra employees of private schools (conditions of service) resolution rules - rule 17; constitution of india - article 162disposition: petition dismissedjudgm>ku enta.p. deshpande, j.1. heard the learned counsel for the parties. as the common question of law and fact emerges in the writ ..... 4 submits that some of the payments are made. however the respondent no. 4 has yet to receive certain amounts subject to which the stay was granted. 4. the service conditions of the employees working in private schools are governed and regulated by the meps act and rules made thereunder. rule 17 lays down the age of superannuation and it provides ..... has held that the government resolution dated 9-9-1988 cannot be permitted to override the provisions of section 4(1)(6) of the maharashtra employees of private schools (conditions of service) resolution act, 1977. as there is no provision either in the act or rules which enables the management to order compulsory retirement, the same is impermissible in law. .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1963P& H345
..... it concerns a government employee serving in the bank prior to 26th january, 1950, clearly amounts to removal from service within the meaning of article 311 of the constitution of india because under plaintiffs conditions of service he had a right to continue in service till the attainment of age of 55 years. consequently, rule no. 27 of the bank of patiala (staff ..... exhibit p. 52, could be promulgated by the president under article 309 of the constitution of india which runs as: '309. subject to the provisions of this constitution, acts of the appropriate legislature may regulate 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: provided ..... employees serving in the bank prior to z6tn january, 1950, in supersession of their previous conditions of service are wholly unauthorised and illegal. (x) that the bank of patiala (staff) rules, 1954, are also invalid for they violate article 320 of the constitution of india. the board has no authority to exclude the government employees serving in the bank of ..... rules, 1934, relate to the number, grading, cadre of posts, emoluments and other conditions of service and thus involve financial implications of far-reaching character and therefore according to the pepsu rules of business, 1954, made under article 166 of the constitution of india it was mandatory to obtain previous concurrence of the finance department and place the proposal before .....Tag this Judgment!
Court : Rajasthan
Reported in : (1969)ILLJ169Raj
..... recruited under the rules made by the governor in exercise of his powers conferred by the proviso to art, 309 of the constitution of india and where their conditions of service are regulated by such rules, it cannot be urged rightly, in our opinion, that a person appointed in accordance with such ..... standi to maintain the writ petition.10. in exercise of the powers conferred by the proviso to article 309 of the constitution of india the governor of rajasthan made the rajasthan medical service (collegiate branch) rule, 1962 (which will hereinafter be referred to as 'the collegiate branch rule ') by a notification ..... as the petitioners did in their own subjects. the petitioners claim seniority over them mainly because of the collegiate rules whereby a special service was constituted and they got into it by virtue of the provisions of rule 5. it was pointed out by the learned advocate general that ..... said to be a rule regulating the recruitment and conditions of service of persons appointed to the services and posts in connexion with the affairs of the state. suoh a rule was not contemplated under the proviso to article 309 of the constitution. in this view of the matter their lordships refrained ..... rules made by the governor in exercise of his powers conferred by the proviso to article 309 of the constitution of india. in this connexion, he has referred to m.p. ramanathan v. director of medical services, madras, and anr. : air1965mad323 and chitralekha v. state of mysore and ors. a.i.e. .....Tag this Judgment!
Court : Delhi
Reported in : 51(1993)DLT90; 1993(26)DRJ317; 1994LabIC1130
..... he was fifth in the seniority was placed at s.no.1 because he obtained outstanding confidential reports. it was submitted that article 229(2) of the constitution of india lays down that 'the conditions of service of officers and servants of a high court shall be such as may be prescribed by rules made by hon'ble the chief justice of the high ..... committee. there is also nothing on record to indicate that fresh guidelines in this regard were issued any time thereafter. undoubtedly, chief justice has the power to lay down conditions of service of officers and servants of high court. in the present case the record indicates that past precedents and guidelines issued by the various chief justices from lime to time were ..... of selection must be the same for the officers to retain their relative seniority which was there in the lower cadre.'(11) however, there is no such rule governing the conditions of services of the high court employees. we are, thereforee, to be guided by past precedents and guidelines issued by the chief justices from time to time. none of the cases ..... court.' in exercise of this power hon'ble the chief justice has made the delhi high court establish (appointment and conditions of service) rules 1972 for regulating the appointment of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2004(4)ALD5(SC); 2004(5)ALLMR(SC)736; [2004(101)FLR986]; [2004(3)JCR90(SC)]; 2004(5)SCALE166; (2004)5SCC232; 2004(3)SLJ200(SC)
..... power conferred upon it under the proviso appended to article 309 of the constitution of india is entitled to fix the conditions of service of its employees. in absence of any rule framed in this behalf, such conditions of service can be fixed by reason of an executive instruction. from a perusal of ..... non grant of any enhancement on the non-practicing allowance. applying the principles laid down in articles 14 and 39(d) of the constitution of india, the learned single judge held that the doctors and physicians on the one hand and the research officers in homeopathic department, on the ..... as a matter of right.10. a similar question came up for consideration before this court in joint action council of service doctors' organisations and ors. v. union of india and anr. : (1996)7scc256 , wherein it was held :'according to us, the present is basically a question of ..... central government in fixing the non-practicing allowance for different categories of employees.6. it is not in dispute that the government of india laid down a policy decision as regard grant of non-practicing allowance in terms of its letter dated 27.02.1991 addressed to the ..... service doctors. we do not say more than this as this matter is presently under examination of the vth pay commission.'11. it is further trite that although a discrimination can be inferred in relation to certain types of allowances but non-practicing allowance would stand on a somewhat different footing. [see dr. ms. o.z. hussain v. union of india .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2003(6)ALD522
..... the zilla parishads and panchayat samithies and keeping in view the provisions of the andhra pradesh education act, the government issued rules under proviso to article 309 of the constitution of india governing the service conditions of the teachers working in the panchayat samithies and zilla parishads in g.o. ms. no. 278, dated 2-6-1983 by way of amendment to the andhra ..... , carving out any rules making applicable to both the type of employees viz., government teachers and panchayat teachers, is violative of articles 14 and 16 of the constitution of india. since the field in respect of service conditions of teachers, was already occupied by the rules framed in g.o. ms. no. 278, the government has no power to again frame the rules under ..... working in the panchayat samithis and zilla parishads. the government have examined the issue of rules under the proviso to 309 of the constitution of india governing the conditions of service of teachers and decide to adopt the a.p. educational subordinate service rules and to keep them as separate unit for the purpose of appointment etc., under the above rules.49. part-i deals ..... out of the consolidated fund of the state. the government was also empowered to frame rules with regard to the method of recruitment and condition of services by virtue of the proviso to article, 309 of the constitution of india.34. under schedule ii, the powers and functions of the mandala praja parishad with reference to the subjects, is stipulated and item 5 relates .....Tag this Judgment!
Court : Chennai
Reported in : AIR1994Mad252; (1994)IMLJ260
..... rules framedby the state legislature are to be applied to members of the services serving in connection with the affairs of the state. they cannot, for the reason of the constitution of the all india services and the service conditions determined by the all india services act, 1951 apply to the members of all india services. the rules that are framed by the central government under the said act prescribed ..... pondicherry with areas scattered beyond the territories of the states of andhra pradesh and kerala. the government of tamil nadu, which has got the responsibilities under the high court judges (conditions of service) act and the constitution of india, to reimburse such costs as are reasonably incurred by the establishment of the high court, madras, cannot be unaware of the ..... provisions of all india services (medical attendance) rules, 1954. the services under the union including the indian administrative service and the services under the states are recognised and contemplated under part xiv of the constitution of india. article 309 of the constitution says, 'subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment and conditions of service of persons appointed, to public services and posts in .....Tag this Judgment!
Court : Karnataka
..... of persons appointed to civil services and posts in connection with the affairs of the state shall be deemed to be rules made under sub-section (1) and shall ..... draft rules itself and therefore, the contention of the appellants is that the amendment to the absorption rules omitting such a condition with retrospective effect is arbitrary, unreasonable and violative of articles 14 and 16 of the constitution of india as they have been made after the process of selection for post-graduate courses commenced. such a contention cannot be ..... service of persons appointed to public services by way of rules.clause (iii) of sub-section (3) of section 3 states that all rules relating to matters referred to in sub-section (1) and in force on the date of commencement of the act made by the governor under the proviso to article 309 of the constitution of india, regulating the recruitment and conditions of service ..... by medical council of india / dental council of india and government of india and affiliated to any university established by law in india.the explanation deals with candidate of karnataka origin.54. rule 10 deals with the procedure for selection of in-service candidates for admission to post-graduate medical and dental courses. the said rule prescribes the following conditions for admission:(1) ( .....Tag this Judgment!
Court : Kerala
..... reads as under: "3. continuance of existing rules.- all rules made under the proviso to article 309 wa2706/09 & con. cases 65 of the constitution of india, regulating the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the state of kerala and in force immediately before the 17th september, 1968, shall be deemed to ..... , categories, their creation/ abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the state, subject, of course, to the limitations or restrictions envisaged in the constitution of india and it is not for the statutory tribunals, ant any ..... , categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the state, subject, of course, to the limitations or restrictions envisaged in the constitution of india and it is not for the statutory tribunals, at any .....Tag this Judgment!
Court : Kolkata
..... at length. the learned advocate general essentially submitted that the salary of the high court employees has to be fixed in terms of article 229 of the constitution of india under which the conditions of service of officers and servants of the high court are to be fixed either by the hon ble chief justice or any other judge or officer authorised by the ..... is a high dignitary of the state. upon a comparative study of some other similar provisions of the constitution, we find that under article 98(3), the president of india has been empowered to make rules regulating the recruitments and the conditions of service of persons appointed to the secretarial staff of the house of the people or the council of states, after consultation ..... assistants and personal secretaries attached to the hon'ble judges of the court. in all india judges association vs. union of india, 1992(1) scc119 after a thorough analysis of articles 233 to 235 of the constitution, this court no doubt has issued certain directions, ameliorating the service conditions of the presiding officers of the subordinate courts and also dealt with the appropriate pay scales ..... the high court. the court observed thus: 5. under the constitution of india, appointment of officers and servants of a high court is required to be made by the chief justice of the high court or such other judge or officer of the court as the chief justice directs. the conditions of service of such officers and servants of the high court could be .....Tag this Judgment!