Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER Challenging the rejection of request for appointment on compassionate ground, the applicant has filed this O.A. for a direction to the respondents to grant him compassionate appointment. 2. The applicant's mother retired on 02.01.2004 on invalid pension being a patient of Schizophrenia 12 years before her superannuation. On attaining the age of majority on 18.07.2007, the applicant made a representation for compassionate appointment describing his circumstances. His mother is still under treatment. Father is no more. Sister is studying. House building loan is still outstanding. The applicant is in dire need of employment. 3. It is averred that the applicant and his family have no income other than the invalid pension of his mother. The Hon'ble Supreme Court has held that the receipt of pensionary benefits will not disentitle or disqualify a person from compassionate appointment. The respondents did not take into account the relevant c...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER This O.A. is filed mainly for a direction to the respondents to conduct the Limited Departmental Competitive Examination (LDCE, for short) for granting promotion to the post of Telecom Technical Assistant (TTA, for short) under 40% of quota for the recruitment year, 2008, in accordance with law, which was scheduled to be held in time, but postponed vide orders at Annexure A-4 and A-5, within a fixed time limit. 2. The brief facts of the case are that the applicants are Telecom Mechanics eligible to be considered for promotion to the post of TTA under 40% LDCE quota of the Recruitment Rules in force. The respondents had set the selection process in motion by scheduling the examination on 31.01.2010. But they postponed the examination with a view to examine the demand of the Union to help the ineligible employees who do not possess the educational qualification of 10+2 by holding a pre-qualifying test so as to make them eligible to appe...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR. GEORGE PARACKEN, JUDICIAL MEMBER This is the 2nd round of litigation by the 1st applicant for grant of 1st and 2nd ACP benefits in the scale Rs. 3200-4000 and 4000-6000 respectively from the due dates. The other applicants have joined with him in this O.A as they also have similar grievances. Among them, some are Sports Boys and others are NCC Lascars. The 1st applicant, Shri P Matharsha has been working as Sports Boy in the Education Department of the 2nd respondent. He had approached this Tribunal earlier vide O.A.871/2003 seeking grant of benefits under the ACP scheme. During the pendency of the said O.A, he and other similarly placed persons were granted the 1st and 2nd ACP placements in the scales of Rs. 2610- 4000 and 2750-4400 respectively. However, his contention is that he is entitled for the ACPs in the higher scales of Rs. 3200-4700 and 4000-6000 as in the case of Fisherman category. He based his claim on the Annexure A-2 clarification No. 10 issued by the Depar...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR. JUSTICE K.THANKAPPAN, MEMBER (J): Aggrieved by the non-inclusion of the name of the applicant in the select list of officers for appointment by promotion to the Indian Administrative Service, Kerala Cadre issued by the Government of India vide notification dated 8.4.2009, the applicant has filed this O.A. It is prayed in the O.A. that this Tribunal may direct the respondents 1 to 4 to consider the applicant for appointment by promotion to the Indian Administrative Service, Kerala Cadre by including the name of the applicant in the select list of State Civil Service (Executive) Officers for the year 2008 by convening an ad-hoc Selection Committee. Further it is prayed that the second respondent may be directed to issue the Integrity Certificate of the applicant for consideration by the Union Public Service Commission for considering the name of the applicant for selection to the I.A.S., Kerala Cadre. 2. The applicant was appointed as Deputy Collector in the Kerala Civil Serv...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR. GEORGE PARACKEN, JUDICIAL MEMBER This is the 2nd round of litigation by the applicants seeking promotion to the post of Chief Commercial Clerk Grade-II. 2. Both the applicants are presently working as Chief Commercial Clerk Gr.III in the scale Rs. 5000-8000. The cadre of Commercial Clerks consisted of Junior Commercial Clerk in scale Rs. 3200-4900, Senior Commercial Clerk in scale Rs. 4000-6000, Chief Commercial Clerk Gr. III in scale Rs. 5000-8000, Chief Commercial Clerk Gr. II in scale Rs. 5500-9000 and Chief Commercial Clerk Gr. I in scale Rs. 6500-10500. As per Annexure A-1 letter of the Railway Board No. PC/111/2003/CRC/6 dated 9.10.2003, the re-distribution of Commercial Clerks was as under: Category Grade (Rs.) Existing %age Revised %age Commercial Clerks 6500-10,500 8 12 Including Weigh Bridge 5500-9,000 12 18 Clerks 5000-8000 25 4000-6000 35 28 3200-4900 20 17 As regards promotion from the post of Chief Commercial Clerk Gr. III to that of Chief Commercial Clerk Gr...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR. GEORGE PARACKEN, JUDICIAL MEMBER These two cases are remitted to this Tribunal by the Hon'ble High Court of Kerala vide its common judgment dated 14.1.2009 in W.P.(C) No. 34419 /2005. The Hon'ble High Court has desired that both these applications may be disposed of by a common order but O.A. No. 661/2005 should be considered first as the fate of that application will depend on the fate of O.A.560/2005 as both the applicants are claiming regularisation as Make-up Assistants at Doordarshan Kendra, Thiruvananthapuram against the single vacancy available at present. 2. O.A.560/2005 was filed by Mrs. P Sathi Devi wherein Shri P.G. Baiju has been made as respondent No. 5. Similarly, O.A.661/2005 was filed by Shri P.G. Baiju making Mrs. P Sathi Devi as respondent No. 4. 3. Facts which are common in both O.A.661/2005 and O.A.560/2005 3.1 Smt P Sathi Devi and Shri P.G.Baiju were engaged as Make-up Assistants on 18.3.1986 and 24.3.1987 respectively. In terms of an order of the Prin...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
By Hon'ble Mr. K. George Joseph, Administrative Member - This Original Application has been filed by the applicant with a prayer for a direction to the respondents to appoint her in a Post Office near her residence as requested by her. 2. To state the facts of the case briefly the applicant is working as a Leave Reserve Postal Assistant at Ashramam Sub Post Office, Kollam Division with effect from 5.2.2007. She applied for Rule 38 transfer to Trivandrum North Division on the ground that her husband who is working as a registered Advocate's clerk in Trivandrum District and Subordinate Courts is residing at Trivandrum and their son also is studying at Trivandrum. The applicant being a promote in the cadre of Postal Assistant, is eligible for transfer under Rule 38 of PandT Manual, Volume IV only on completion of 3 years of service. However, considering the fact that she was physically handicapped she was given a temporary transfer to Venjarammoodu Post Office in Trivandrum North Postal D...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Mr. Justice K. Thankappan,Judicial Member: Aggrieved by the drawing up of the amended Recruitment Rules dated 18.2.2009 published in the Lakshadweep Gazette Vol.XLIV.59 dated 20.2.22009, the applicant has filed this Original Application. The applicant has prayed in the O.A. that the post of Physical Training Instructor which was continued till the formulation of the present Recruitment Rules may also be included as a post inviting applications in the Education Department. Further the applicant prays that the qualification prescribed for the Physical Education Teacher may be amended so as to include Higher Certificate in Physical Education issued by the Lakshadweep Public Schools. 2. The brief facts of the case are that the applicant is a native of Minicoy island and belongs to Scheduled Tribe community. The applicant was working temporarily as Physical Training Instructor on completing his Higher Certificate course in physical education in the Public Schools of Lakshadweep Administrati...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
By Hon'ble Mr. K. George Joseph, Administrative Member - This Original Application has been filed by the applicant for a direction to the respondents to regularize his service as Group-D Watchman with effect from the date he was appointed as Watchman in the year 1998. 2. To state the facts of the case briefly, the applicant was engaged as a Seasonal Anti Malaria Lascar (in short SAML) on 16.5.1994 by the respondents on being sponsored by the employment exchange. Respondents introduced a scheme to grant temporary status and for regularization of SAMLs in the year 1997. As per the scheme the applicant was appointed as a Watchman against the available Group-D post with temporary status in the year 1998. As he had completed 600 days in four consecutive years he should have been regularized but he was not regularized. Hence, the OA. 3. Applicant submits that he has satisfied all the conditions for regularization as a Group-D employee. He was sponsored by the employment exchange. He has requ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
By Hon'ble Mr. K. George Joseph, Administrative Member - This O.A. has been filed by the applicant with the prayer for a direction to the respondents to give him promotion as Driver Grade-II on completion of 9 years of regular service in the ordinary grade, as granted to similarly situated persons. 2. To state the facts of the case briefly, the applicant was granted promotion as Driver Grade-II in the pay scale of Rs. 4000-6000 by order dated 2.1.2002 after a trade test on 15.12.2001 at Jawahar Navodaya Vidyalaya, Chittoor. The promotion was effective from the date of assuming the charge of Driver Grade-II. His juniors who qualified in the trade test held on 26.12.2005 were granted promotion to Driver Grade-II with effect from the date they completed 9 years regular service in the ordinary grade. As a result, they were getting higher pay than the applicant. He made a representation on 14.05.2007 for granting him effective date of promotion on completion of 9 years of regular service in...
Tag this Judgment!