Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER 1. The grievance of the applicant, a retired Superintendent of Central Excise and Customs, is that though he retired from service on superannuation on 30.6.2009, he has not been paid the retiral benefits so far. 2. The applicant, who joined service of the respondents on 18.3.1977, retired from service on superannuation on 30.6.2009 after completion of 32 years 3 months and 14 days of service. Though he received sanction orders for disbursement of the retirement benefits issued by the 3rd respondent (A-1, A-2 and A-3), no amount was paid to him. He also received provisional pension instead of regular pension from the month of July, 2009. The applicant came to know that the delay in finalisation of retiral benefits and payment of provisional pension was due to pendency of a criminal case filed by his wife before the Judicial First Class Magistrate Court, Tirur, in which the Court convicted him and sentenced to undergo simple imprisonment f...
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HON'BLE DR K.B. SURESH, JUDICIAL MEMBER 1. The applicant alleges that discriminatory procedure is adopted in her case since on similar issues while minor proceedings were initiated in identical matter relating to her major penalty proceedings were initiated. She would claim that she was singled out and placed under suspension and proceeded under Rule 14 only for the reason that she preferred a police complaint against one of the Investigating Officers who attempted sexual harassment on her. 2. Applicant would submit that she was asked to meet the Superintendent in the cabin of the Postmaster and that the Postmaster left immediately after she started writing her statement. She would thus allege that the statement was voluntary but that after she completed her statement, sexual advances was made to her and she lost her mental balance thereby and had to be hospitalised. She would now allege that this complaint has been the genesis for such hunting against her and she had been prejudiced t...
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HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. Aggrieved by the order dated 30.05.2010 transferring him from Kakkanad to Goa, this O.A. has been filed by the applicant to quash the same and to direct the respondents to continue him at Kakkanad. 2. The applicant is a Scientific Assistant working in the Central Integrated Pest Management Centre, Kakkanad, Ernakulam, under the Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture, Government of India. He joined the service in the year 1991 at Wellington Island. He was transferred to Thiruchirappaly in the year 1996 from where he was transferred in July, 2007, to Kakkanad, which is a field station. He is supposed to impart training to the farmers. As no advance amount was disbursed to him and others during 2009-10 and on the assurance of the then Plant Protection officer that immediately on receiving the finds, the amount will be disbursed to them, the applicant had held classes at his own expenditure. Me...
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HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER 1. The applicant, a Gramin Dak Sevak having 22 years of service, is aggrieved by the inaction and inordinate delay on the part of the respondents in considering his claim for promotion to the cadre of Group-D as per the extant recruitment rules. 2. The applicant is working as GDS Mailman in the RMS Thrissur of EKM Division for more than 22 years. He is at Sl. No. 40 in the seniority list as on 29.12.2005, he is eligible for promotion and appointment to the Group-D post. According to him, there are more than 50 vacancies in the RMS Department. As per the Recruitment Rules of 2002, 75% of the vacancies are to be filled up by the GDS. Six persons were appointed as per orders of the Tribunal in O.A. 346/05, 16 persons are either not eligible being over aged or not in service. The applicant is at Sl. No. 21 in the seniority list (A-1). He has approached the Department several occasions for appointment but was told that he will be appointed so...
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HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. The applicant is aggrieved by the refusal of the respondents to relieve her from Malappuram Passport Office to join Kozhikode Passport Office inspite of the transfer order dated 12.06.2009. By filing this O.A., she prays for a direction to the respondents to issue immediate order relieving her from Malappuram Passport Office to join Kozhikode Passport Office. 2. The applicant is presently working as Superintendent at Passport Office, Malappuram. She was deputed there on temporary duty in the year 2006 from Kozhikode office and was transferred there subsequently. She has completed more than 4 years at Malappuram. As per the transfer policy dated 09.02.2010, two years is the tenure at a station. As per order dated 12.06.2009, she has been transferred back to Kozhikode alongwith 5 others, out of which 3 have been relieved and have joined the office at Kozhikode. Her representation dated 29.01.2010 and 26.04.2010 have not resulted in h...
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HON'BLE DR K.B.SURESH, JUDICIAL MEMBER 1. Even inspite of repeated adjournments being granted, no reply has been filed by the respondents. But in this case, it seems no reply is required as the issue has already been set in motion by Annexure A-1 and A-2 orders of this Tribunal. The issue relates to the payment of washing allowance and uniform allowance of nursing personnel, as per the order of Government of India and the order of this Tribunal in O.A.1155/1999. Since the nomenclature of Nursing Orderly are in relation to nurses and other people involved in public health situations, it is hereby declared that this would come under Annexure A-1 order in OA.1155/1999 dated 23.6.2000 and Annexure A-2 order in O.A.468/1993 dated 17.1.1994. Applicant herein is also declared as nursing personnel and therefore entitled to all the required allowances like uniform allowance and washing allowance as other like situated persons. The learned counsel for respondents would submit that vide Annexure ...
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HON'BLE DR K.B.SURESH, JUDICIAL MEMBER 1. The applicant is aggrieved by his removal from service by a Memorandum No.V.VO/A/FR/43/96 dated 26.11.1996 which was apparently duly confirmed in appeal vide order dated 6.5.1998. The applicant would claim that thereafter in 2002 or so he had filed a revision but the respondents denies being in receipt of such revision. 2. The facts are as follows: The applicant, claiming to be the son of Karuppan who passed away on 1.10.1980 had applied through his mother Ramakkal and on the basis of such representation, apparently, the Railways had asked Padmanabhan who is the applicant herein to submit application for appointment if he feels that he is entitled to it. It would appear that thereupon the applicant submitted a representation on 7.10.1993 seeking appointment on compassionate ground along with a photo copy of educational certificate issued from Hindu Nadar's Management Higher Elementary High School, Sivagiri which will reveal that the applicant h...
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HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER 1. The applicant challenges rejection of his appeal filed against denial of voluntary retirement and compassionate appointment to his ward on medical decategorisation. 2. The applicant was initially appointed as a Khalasi on 1.8.1980. While working as Loco Box Boy at Ernakulam, in the scale of Rs. 2650-4000, he was injured while on duty on 10.1.1998, was under prolonged treatment and underwent surgery at Railway Hospital, Perambur. Finally, he was medically decategorised from Class B-1 to C-1/C-2 w.e.f. 29.12.1998. On medical decategorisation, he was absorbed as a Peon in the scale of Rs. 2550-3200. He sought for placement in an equal scale under Railway Boards letter dated 31.5.2005 (A-3). Accordingly, he was placed in a supernumerary post of Loco Khalasi helper(A-4). Thereafter, he sought voluntary retirement and sought compassionate appointment for his son (A-6). Annexure A-6 was rejected upon which he filed an appeal (A-7) As there w...
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HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. Aggrieved by the rejection of his claim for compassionate appointment, the applicant has filed this O.A. for a direction to the respondents to consider him for compassionate appointment against the posts in Group 'D in accordance with the Scheme dated 9th October, 1998. 2. The father of the applicant died in harness on 21.07.2003 after putting in service of above 23 years as Tax Assistant in the office of the Commissioner of income Tax, Kochi. The applicant submitted an application for compassionate appointment in accordance with the compassionate appointment Scheme dated 09.10.1998 on 26.11.2003. His application was rejected vide order dated 24.10.2008 as there were not enough posts of Group 'D' Peon available for him to be appointed. 3. The applicant submits that he is entitled to be considered for compassionate appointment against Group 'D' posts in accordance with the Scheme of 1998. The family of the deceased employee is in pe...
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By Hon'ble Mr. Justice K. Thankappan, Judicial Member - 1. Aggrieved by orders dated 6.1.2010 and 8.2.2010 (Annexures A-9 and A-12 respectively) the applicant filed this Original Application praying that the said orders may be quashed and the proceedings initiated under Article 81(d)(1) of the Education Code of Kendriya Vidhyalaya Sangathan (in short KVS) has to be declared as a nullity and further it is prayed that this Tribunal may direct the first respondent, the Commissioner, KVS to reconsider the representation dated 1.12.2009 (Annexure A-5) for granting Child Care Leave (in short CCL) to her and pass appropriate orders thereon. 2. The few facts which are necessary for the decision of this Original Application are as follows:- 2.1 While the applicant was working as Assistant Superintendent at KV No. 1, Cochin, she was transferred to KVS, Chennai and she was relieved on 18.2.2008. Against the said order the applicant filed OA No. 553 of 2008 before this Tribunal and on hearing the ...
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