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1 - 9 of 9 (0.33 seconds)Article 226 in Constitution of India [Constitution]
Union Of India And Anr vs S.B. Vohra And Ors on 5 January, 2004
She has invited our attention to the
observations made by the Apex Court in S.B. Vhora's case
(supra) and the judgment of the Division Bench of the
Gujarat High Court in Letters Patent Appeal No.1016 of 2006.
She submitted that this Judgment given by the Division
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Bench of the Gujarat High Court was challenged by the State
of Gujarat in the Apex Court and, after the matter was heard
for some time, the State of Gujarat withdrew the said SLP
which they had filed in the Supreme Court.
State Of Maharashtra & Anr vs Indian Hotel & Retaurants Assn.& Ors on 16 July, 2013
13. So far as the judgment in State of Maharashtra vs.
Association of Court Stenos, P.A., P.S and another 1 on which
the reliance is placed by the learned Counsel appearing on
1 (2002) 2 SCC 141
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behalf of Respondents is concerned, in our view, ratio of the
said judgment is not applicable to the facts of the present
case. On the contrary, observations made by the Apex
Court in para 5 of the said judgment supports the case of the
Petitioners. In the said case Court Stenographers, Personal
Assistants and Personal Secretaries to the Bombay High
Court Judges had filed a Petition under Article 226 of the
Constitution of India, claiming parity of pay-scales as was
given to Senior Personal Assistants to the Chief Secretary of
the State pursuant to the 5th Central Pay Commission Report.
The High Court, while exercising its jurisdiction under Article
226 of the Constitution of India had held that there was a
parity in the pay-scales of the said two set of employees and
after following the principle of equal pay for equal work,
State Government was directed to pay the same pay-scales
to the said Petitioners in Writ Petition. Apex Court, however,
held that such a direction could not be given under Article
226 of the Constitution of India. In our view, ratio of the said
case will not apply to the facts of the present case. On the
contrary, in para 5 of the said judgment the Apex Court has
observed that Hon'ble Chief Justice is the sole authority for
fixing the salaries of the employees of the High Court,
subject to rules framed under the said Article. In view of the
aforesaid law laid down by the Supreme Court, we will have
to consider the rival submissions.
M. Gurumoorthy vs Accountant General Assam & Nagaland & ... on 21 April, 1971
The
contents and the tenor of the letters dated
13/14.10.2005 and 7.6.2006 of the Law
Secretary are not only in bad taste but they
also run counter to the provisions of Article
229(2) of the Constitution as interpreted by
the Constitution Bench of the Hon'ble Supreme
Court right from M. Gurumoorthy vs.
Accountant General, Assam and Nagaland, 1971
(2) SCC 137 and several other decisions
referred to hereinabove."
High Court Of Judicature For Rajasthan vs Ramesh Chand Paliwal & Anr on 19 February, 1998
In High Court of Judicature for Rajasthan
v. Ramesh Chand Paliwal and Another [JT
1998 (2) SC 1 : 1998 (3) SCC 72] , a Division
bench of this Court inter alia held that the
Chief Justice has the requisite power to revise
the scales of pay subject of course to the
approval granted in this behalf by the
Governor. This Court in no certain terms
observed :
All India Judges' Association And ... vs Union Of India And Others on 24 August, 1993
She invited our attention to the Division Bench
Judgment of the Gujarat High Court in Letters Patent Appeal
No.1016 of 2006 and also the judgment of the Apex Court in
All India Judges' Association vs. Union of India in I.A. No.71A
& 142 in Writ Petition (Civil) No.1022 of 1989. She submitted
that though Rules were not specifically framed by the
Hon'ble Chief Justice, in view of the directions given by the
two learned Chief Justices viz Chief Justice C.K. Thakkar and
Chief Justice Dalveer Bhandari, it was not open for
Respondent No.1 to question the decision of the Hon'ble
Chief Justice. She submitted that Respondent No.1 did not
even extend courtesy of forwarding the directions of the
Hon'ble Chief Justice to the Hon'ble Governor for the State of
Maharashtra.
Section 241 in Government of India Act, 1935 [Entire Act]
Government of India Act, 1935
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