https://www.taxtmi.com/caselaws?id=182893 Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957 could not abrogate passage benefits that had formed part of the protected service conditions and remuneration of former members of the Indian Civil Service under Article 314 of the Constitution. The expression "remuneration" was read broadly to include salary, allowances, privileges and facilities in kind, and that protection continued through the pre-Constitution and constitutional framework. Because the benefit had constitutional protection, the rule-making power under the All India Services Act, 1951 could not validly diminish it, particularly by retrospective operation. Rule 3 was therefore treated as ultra vires and ineffective against the preserved entitlement. en-us Tue, 21 Nov 1961 00:00:00 +0530 Sat, 21 May 2016 18:47:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182893 Rule 3 of the All India Services (Overseas Pay, Passage and Leave Salary) Rules, 1957 could not abrogate passage benefits that had formed part of the protected service conditions and remuneration of former members of the Indian Civil Service under Article 314 of the Constitution. The expression "remuneration" was read broadly to include salary, allowances, privileges and facilities in kind, and that protection continued through the pre-Constitution and constitutional framework. Because the benefit had constitutional protection, the rule-making power under the All India Services Act, 1951 could not validly diminish it, particularly by retrospective operation. Rule 3 was therefore treated as ultra vires and ineffective against the preserved entitlement. Case-Laws Indian Laws Tue, 21 Nov 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182893