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1 - 10 of 85 (4.92 seconds)Article 300A in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Article 309 in Constitution of India [Constitution]
Article 162 in Constitution of India [Constitution]
Devaki Nandan Prasad vs State Of Bihar & Ors on 22 April, 1983
In "Deoki Nandan Prasad v. State of Bihar (referred supra),
the Apex Court held as follows:
Bishambhar Dayal Chandra Mohan And ... vs State Of Uttar Pradesh & Ors on 5 November, 1981
Thus, in view of the law laid down by the Apex Court in the
judgments (referred supra), law means the legislation passed by the
parliament or State Legislation or Statutory rules or orders.
Centre For Public Interest Litigation vs U.O.I on 23 February, 2018
There is no dispute regarding the law laid down by the Apex
Court in the said two judgments. Merely because it is branding as
policy decision, it cannot be interfered with by this Court is contrary
to the law laid down by the Apex Court in various judgements
75
[1994] 1 AC 486 (HL)
MSM,J
WP No.19671_2020 and batch
70
(referred supra). When executive action is contrary to the
constitutional principles or against any statute or it violates the
principles of natural justice, certainly, the Court can interfere with
such policy decisions. Merely because such power is vested on the
State to take policy decisions, the State is not at liberty to take any
decision in the name of policy decision, which takes away the
available rights of the citizenry of the State or contrary
constitutional principles or law enacted by the State legislature or
Parliament. Such unbridled power is not vested with the executive
of the State. If interference of the Courts is restricted totally, it is
difficult to control the acts of the State executive though executive
orders are contrary to the constitutional principles or law enacted by
the State legislature or Parliament. Therefore, no such unbridled
power is vested on the State to take any decision to cause
substantial damage to the fundamental rights of the citizens of the
State.
Kerala State Road Transport Corpn vs K.O. Varghese And Ors on 17 April, 2003
Pension is not a bounty nor a
matter of grace depending upon the sweet will of the employer and it
creates a vested right subject to the statute, if any, holding the field.
Pension is not an ex gratia payment, but is a payment for the past
service rendered. It is a social welfare measure rendering socio-
economic justice to those who in the heyday of their life ceaselessly
toiled for employers on an assurance that in their ripe old age they
would not be left in lurch. (See: "Kerala State Road Transport
Corporation v. K.O.Varghese" (referred above)
It was also held in the said judgment that in a strict sense,
pension is not a matter of contract and is not founded on any legal
liability; it is a mere bounty or gratuity 'springing from the
appreciation and consciousness of the sovereign' and it may be
given or withheld at the discretion by the sovereign.