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1 - 4 of 4 (0.52 seconds)Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999
10. Furthermore, the order is erroneous and contrary to the provisions of the Constitution in as much as that it compares the subsistence allowance with the salary. The Supreme Court has laid down that provisions for payment of subsistence allowance made in service rules only ensures non-violation of right to life of employee. In the case of Capt. M. Paul Anthony v. Bharat Gold Mines Ltd., 1999 SCC (L & S) 810, the Supreme Court has observed as under:
State Of Maharashtra vs Chandrabhan Tale on 7 July, 1983
"On joining the Govt. Service a person does not mortgage or barter away his past rights as a human being, including his fundamental rights in favour of the Government. The Government, only because it has the power to appoint, docs not become master of the body and soul of the employee. The Government by providing job opportunities to its citizens only fulfils its obligations under the Constitution, including the Directive Principles of State Policy. The employee on taking up an employment only agrees to subject himself to the regulatory measures concerning his service, His association with the Government or any other employer, like instrumentalities of the Govt. or statutory or autonomous corporations, etc.. is regulated by the terms of contract of service or service rules made by the Central or the State Government under proviso to Article 309 of the Constitution or other statutory rules including Certified Standing Orders. The fundamental rights, including the right to life under Article 21 of the Constitution or the basic human rights are not surrendered by the employee. Provision for payment of subsistence allowance made in service rules only ensures non-violation of right to life of employee. That was the reason why this Court in the case of State of Maharashtra v. Chandrabhan Tale struck down the service rules which provided for payment of a nominal amount of Re. 1 as subsistence allowance to an employee placed under suspension."
Article 309 in Constitution of India [Constitution]
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