Supreme Court of India · 1961-11-21
THE ACCOUNTANT GENERAL, BIHAR AND ANOTHER vs N. BAKSHI
- Citation / case number
- SC 1957/60184
- Court
- Supreme Court of India
- Petitioner
- THE ACCOUNTANT GENERAL, BIHAR AND ANOTHER
- Respondent
- N. BAKSHI
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,HIDAYATULLAH, M.,SHAHC.,MUDHOLKARR.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court ruled that Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957, is ultra vires as it retroactively nullified the passage benefits guaranteed under Article 314 of the Constitution of India. The Court emphasized that these benefits constituted part of the remuneration for Indian Civil Service members, which cannot be altered or revoked by the Central Government's rule-making authority. The judgment reaffirmed the constitutional guarantee of service conditions for civil servants, holding that the right to passage benefits is protected under the law.