Court : Punjab and Haryana
Reported in : (1971)ILLJ634P& H
..... the petitioner that his services could be terminated on one months notice on payment of salary in lieu thereof as is to be found in a usual type of temporary contractual service. it is only in matters of travelling allowances, leave, medical reimbursement and accommodation that the punjab civil service rules relating to temporary employees were made applicable to him. the learned counsel ..... s. gian singh rareewala and pandit mohan lal, annoyed respondent 1 because of his political rivalry with him. 5. an affidavit by way of reply has been filed by the deputy secretary to government, punjab, home department. paragraphs 6 , 7 and 8 of the writ petition which relates to the insistence of the petitioner to resign and the assurance of the chief ..... stated that the petitioner was in public life earlier and probably wanted to contest elections if he was not to be retained in service for five years at a monthly salary of rs. 1500/- as desired by him. since the resignation was not accepted, the petitioner sent a reminder to that effect on december 16, 1966, the receipt whereof is not ..... as amended by act 100 of 1956. the petitioner was allowed one months pay in lieu of notice of period of one month. he has challenged the validity of the latter notification on various grounds including that of mala fides of the then chief minister , late shri lachman singh gill, and the transport minister, shri parkash singh majithia, respondents 1 and 3. it is further .....Tag this Judgment!
Court : Chennai
Reported in : AIR1994Mad252; (1994)IMLJ260
..... of the delhi and punjab and haryana high courts, in the case of the former, the rules and provisions as applicable to union cabinet ministers are applied and in the case of the latter, the rules and provisions as applicable to the union deputy ministers are applied. 8. exercising, however, the power under section 14 of the tamil nadu payment of salaries act, 1951, read with ..... legislature of the state to decide and prescribe the conditions of service of officers and servants of a high court, except that the rules made thereunder, as they relate to salaries, allowances, leave or pension, require, the approval of the governor of the state.' 14. after quoting a passage from the judgment of the supreme court in the case of supreme court ..... (a) of the high court judges (conditions of service), rules, 1956 as amended by the high court judges (amendment) rules, 1986, in the case of judges of the high courts other than the delhi high court and the punjab and haryana high courts, the rules and provisions as applicable to a cabinet minister of the state government in which the principal seat of ..... understood only by knowing the definition of the word 'prescribed' in section 2(h)(iii)(1) which says 'prescribed' means prescribed by rules made under this act. rules notified in this behalf on 24th january, 1956 contain rule 2 which provides as follows : 'the conditions of service of a judge of a high court for which no express provision had been made .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(111)BomLR737
..... in india, even the government of punjab, pakistan issued an ordinance, the punjab parliament secretaries salary, allowances and privileges ordinance, 2002.15. all these laws were enacted by the competent legislatures to provide methodology for appointment and grant of salary allowances and perks to the `parliamentary secretaries'. for example, the law in relation to state of assam requires the chief minister to apply his mind with regard ..... that it means a member of the council of ministers and includes a member of the cabinet minister of state or deputy minister or a `parliamentary secretary'. `parliamentary secretary' who is not a member of the house, is not entitled to attend its sitting. even the parliament (prevention of disqualification) act, 1959 provides that the office of the `parliamentary secretary' in so far as it ..... a person who had been given status of a minister of cabinet rank and was provided with budget estimate for defraying expenses, was holding office of profit under the government. such an approach was held to be supported by the provisions of karnataka legislature (prevention of disqualification) act, 1956 as well as representation of people act, 1951. this approach, thus, clearly establishes that the .....Tag this Judgment!
Court : Delhi
Reported in : 18(1980)DLT337
..... for any period of six consecutive months is not a member of either house of parliament ceases to be a minister at the expiration of that period. the salaries and allowances of ministers, are such a parliament may from time to time by law determine and till then, they are as specified in the second schedule. provision is also made for the conduct ..... of the trading operations, the acquisition, holding and disposing of property and the making of the contract for any purpose ('rai sahib ram jamaya kapur and others v. state of punjab', : 2scr225 ). (7) in the limited backdrop of the above provisions of the constitution and the extent of the executive function, the question to be considered is whether the prime ..... of 'business to the members of the executive council in so far as it is not business with respect to which the administrator is required by or under the admn. act to act in his discretion. any decision taken by the executive councillors under the rules of business would be the decision of the administrator. the executive functions discharged under the allocation ..... the executive councillors by the government out of the consolidated fund of india not because the government is the master. the salaries and allowances are paid to the executive councillors under the statutory mandate contained in section 28(5) of the admn. act and the presidential order issued and not because they are regarded as government servant. the members of the parliament and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1997(1)ALT359
..... the provisions of the all india (medical attendance) rules, 1954. in tamil nadu, however, under the tamil nadu payment of salaries act, 1951 as regards the salary and other allowances of ministers, rules are framed, which say that a minister, the speaker, the deputy speaker or the parliamentary secretary shall for himself and for the members of his family be entitled to free of charge accommodation ..... of the chief justice of the delhi high court and the punjab and haryana high court, the rules and provisions as applicable to a cabinet minister of the union government have been made applicable and to the judges of these courts, the rules and provisions as applicable to a union deputy minister have been made applicable. the amendment has clearly indicated that ..... bench of the madras high court in s.t. ramalingam v. state of tamil nadu, : air1994mad252 has considered the provisions of the high court judges (conditions of service) rules (1956) (as amended in 1986), tamil nadu medical attendance rules, all india services (medical attendance) rules (1954) and other provisions in this behalf and noted various provisions of the constitution to ..... respect of facilities for medical treatment and accommodation in hospitals - in the case of judges of the high courts other than delhi and punjab & haryana high courts, the rules and provisions as applicable to a cabinet minister of the state government in which the principal seat of the high court is situated shall apply.'we have also seen that a set .....Tag this Judgment!
Court : Supreme Court of India
..... for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister. (5) the salaries and allowances of ministers shall be such as the legislature of the state may from time to time by law determine and, until the legislature of the state so determines, shall be ..... the constitutional trust. we have already held that prohibition cannot be brought in within the province of advice but indubitably, the concepts, especially the constitutional trust, can be allowed to be perceived in the act of such advice. thus, while interpreting article 75(1), definitely a disqualification cannot be added. however, it can always be legitimately expected, regard being had to the ..... today. . . b.r. kapur v. state of tamil nadu, (2001) 7 scc231. . b.p. singhal v. union of india, (2010) 6 scc331. . state of punjab v. salil sabhlok, (2013) 5 scc1. .8. disqualification on conviction for certain offences. (1) a person convicted of an offence punishable under (a) section 153-a (offence of ..... taking recourse to this doctrine for the purpose of advancing constitutional culture, can a court read a disqualification to the already expressed disqualifications provided under the constitution and the 1951 act. the answer has to be in the inevitable negative, for there are express provisions stating the disqualifications and second, it would tantamount to crossing the boundaries of judicial review. doctrine .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1997MP223
..... is none. in both these articles the words used are 'salaries & allowances' -- determined by or under law made by the parliament.6. article 97 of the constitution of india talks about salaries and allowances of the chairman and deputy chairman and the speaker and deputy speaker of the house of the people. article 97 of the ..... is not entitled to any pension under the foregoing provisions of this sub-section, shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993 be entitled to a pension of one thousand and four hundred rupees per mensem.) explanation 1. -- for the purpose ..... of sub-section (1), the period during which a person has served as chairman or deputy chairman of a legislative council or speaker or deputy speaker of a legislative assembly or as minister, minister of state, deputy minister or parliamentary secretary or in more than one of those capacities by virtue of his membership ..... the legislative assembly of the new state of madhya pradesh by virtue of the provisions contained in section 28 of the states reorganisation act, 1956 (no. 37 of 1956).' thereafter by amendment act no. 19 of 1991, sub-section (1a) to section 6 a was inserted after sub-section (1). sub-section (1 ..... rs. 500/- p.m. excess of 5 years additional pension of rs. 40/-p.m. family pension after the death of ex-mla. (15) punjab ex-mla pension @ rs. 1000/- p.m. for serving the assembly for 5 years and an additional pension of rs. 100/- p.m. for .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(3)ALD372; 2008(3)ALT287; (2008)IIILLJ712AP
..... 2002;(2) officers and holders authorized to perform functions and discharge the duties of eos cannot be treated as government servants under section 29(6) of the act, and therefore, they cannot be paid salary, allowances, pension or other remuneration out of consolidated fund of state;(3) andhra pradesh civil services (classification, conduct and appeal) rules, 1991 have no application to ..... that:under our constitutional set up the said demand by the governor in terms of sub-article (3) of article 203 must be on the recommendations of council of ministers. article 204 deals with the appropriation bills. after the passing of the appropriation bill, making provision for grants for money which are charged on the consolidated funds should ..... to be made from cfs. clause (3) of article 202 of constitution requires the state to compulsorily charge, expenditure towards emoluments and allowances of governor, the salaries and allowances of judges of high court, salaries and allowances of speakers, deputy speaker etc to cfs. article 202(3)(f) provides that, 'any other expenditure declared by the constitution or by the legislature of ..... as per article 205 of constitution, fresh estimates are to be submitted for legislative assent. two judgments of supreme court, relevant in this regard are ram jawaya v. state of punjab : 2scr225 and state of himachal pradesh v. umed ram sharma : 1scr251 .35. in ram jawaya (supra), constitution bench of supreme court considered a question whether .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,1SCR686
..... period of one year or till such time as he resigned his seat and got himself re-elected from appointment to the office of a minister including deputy minister or speaker or deputy speaker, or any post carrying salaries or allowances to be paid from the consolidated fund of india or of the state or from the funds of government undertakings in public sector in addition ..... intentionally do no injustice or show partiality. 'such a person is naturally held in respect by all.[see: g.v. mavalankar: the office of speaker, journal of parliamentary information, april 1956, vol.2, no. 1, p.33 pandit nehru referring to the office of the speaker said:.the speaker represents the house. he represents the dignity of the house, the freedom ..... the doctrine of severability would result in elevating a procedural limitation on the amending power to a level higher than the substantive limitations.31. in bribery commissioner v. pedrick ranasinghe 1956 a.c. 172, the judicial committee has had to deal with a somewhat similar situation. this was a case from ceylon under the ceylon (constitution) order of 1946. clause ( ..... that out of 210 defecting legislators of the states of bihar, haryana, madhya pradesh, punjab, rajasthan, uttar pradesh and west bengal, 116 were included in the council of ministers which they helped to bring into being by defections. the other disturbing features of this phenomenon were: multiple acts of defections by the same person or set of persons (haryana affording a conspicuous example .....Tag this Judgment!
Court : Central Administrative Tribunal Principal Bench New Delhi
..... government was required. learned counsel for the applicants argued that similar provision exists in esic. according to section-17(2a) of the esi act, 1948 the method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the corporation shall be such as may be specified ..... proposal for granting benefits in accordance with the committees report was submitted by director general, esic on 16.07.2007 to the honble chairman, esic/minister of labour and employment. approval of the ministry to the aforesaid recommendations was communicated on 03.02.2009 for implementation of the proposal upto the rank ..... is no basis for asking for nfsg with grade pay of rs.8700 by the applicants. further, in our opinion the judgment of hon ble punjab and haryana high court relied upon by the applicant will also be of no help to them. this is because while in the case of epfo ..... .07.2007. relevant extracts of this proposal are as under:- sl. no. designation no. of posts existing scale proposed scale minimum qualifying service 1. deputy director 261 rs.8000-275-13500 junior time scale: rs.8000-275-13500 senior time scale: rs.10000-325-15200 direct recruitment not less than 4 ..... to the applicants. 5. we have heard both sides and have perused the material on record. the applicants counsel relied on the judgment of honble punjab and haryana high court passed in cwp no. 8438/2011 on 12.05.2011. in the aforesaid judgment the honble high court while upholding the .....Tag this Judgment!