THE ACCOUNTANT GENERAL, BIHAR AND ANOTHER versus N. BAKSHI

THE ACCOUNTANT GENERAL, BIHAR AND ANOTHER versus N. BAKSHI

Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957, was ultra vires as it purported to destroy a constitutional guarantee related to remuneration for service, specifically the statutory passage benefits to which the respondent and his family were entitled, which formed part of the protected conditions of service under Article 314 of the Constitution.

Parties
Appellant: The Accountant General, Bihar and Another; Respondent: N. Bakshi
Jurisdiction
India
Judgment Date
21 November 1961
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Order of the Patna High Court in Misc. Judicial Case No. 40 of 1957
Outcome
Appeal dismissed
Legal Topics
Conditions of Service, Statutory Guarantee, Passage Benefits, Rule Making Power, Remuneration, Retrospective Amendment
Service Law Constitutional Law Conditions of Service Statutory Guarantee Passage Benefits Rule Making Power Remuneration Retrospective Amendment

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Parties

The Accountant General, Bihar and Another

Appellant

N. Bakshi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Order of the Patna High Court in Misc. Judicial Case No. 40 of 1957

Legal Issues

  1. 1 Whether Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957, cancelling passage benefits retrospectively, was ultra vires the constitutional guarantee in Article 314 of the Constitution
  2. 2 Whether passage benefits formed part of 'remuneration' protected by service conditions under the Constitution

Ratio Decidendi

Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957, was ultra vires as it purported to destroy a constitutional guarantee related to remuneration for service, specifically the statutory passage benefits to which the respondent and his family were entitled, which formed part of the protected conditions of service under Article 314 of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957, declared ultra vires
  • Writ of mandamus to pay passage benefit to the respondent’s wife and children upheld