Central Administrative Tribunal Cat Court July 2000 Judgments
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Shri Thomas Verghese Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Jul-27-2000
1. The dispute involved in this case is regarding seniority between the applicant and the private respondents No. 7 and 8 in the cadre of Forest Ranger, A&N Administration, which is a vital property of the Government servant for advancement of the careers in service. The case of the applicant is that in pursuance of the advertisement of a course published in Daily Telegrams dated 24.8.1985, Annexure 'A' to the application, for selection of the local candidates for undergoing training for one year Forest Rangers Training course commencing from 1.1.1986 in Southern Forest Ranger's College, Coimbatore (Tamil Nadu) the applicant applied for the same and he was selected for such training. Thereafter he is B.Sc and he was sent for training for one year with effect from 1.1.1986 after executing a bond to serve the A&N Administration for a period of five years. Accordingly, the applicant successfully completed the training of one year and thereafter on successful completion of the tra...
Shri Nathalal Karamta Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Ahmedabad
Decided on: Jul-18-2000
1. We have heard Mr. Raina for the applicant and Mrs. Davawala for the respondents 2. The applicant is an employee of the Postal Department and belongs to the scheduled tribe. He is aggrieved by the fact that at the time of his promotion to the selection grade in the scale of Rs. 1400-2300 his claim was over looked and his juniors were promoted.3. As per the instruction of the Postal Department, persons are given next higher scale on completion of 16 years of service in the lower level and in case sufficient scheduled caste/Schedule tribe candidates are not available the qualifying service is reduced to 10 years. The applicant's claim is that he belongs to the scheduled tribes and as he had joined service in 1979 he was due to be considered in 1989. The department considered some persons who belong to the reserved categories but promoted one Shri R.B. Karmata in the higher grade with effect from 17.2.93. The applicant who is admittedly senior to Karmata was not so promoted. Mr. Rana s...
Jay Kishore and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Jul-14-2000
1. By this application 23 applicants who were appointed on different capacities in the office of the District Rehabilitation Centre (DRC in short), Midnapore as per letter dated 9.6,84, Annexure 'A/2' to the application, claim direction upon the respondents to treat them to be Central Government employees for all purposes of service security, service benefit, pay and allowances etc. It is stated by the applicants that they are employees of the District Rehabilitation Centre hereinafter referred to as DRC scheme, Kharagpur now transferred at Midnapore. In 1983 a Pilot Project indicating the detailed objectives and project cost was established in block areas of Kharagpur and accordingly a scheme was framed by the Government of India for regulating the said function and activities and indicating the detailed objectives and project cost with a stipulation that the project would be funded entirely by the Government of India, Ministry of Social Welfare and it is also stipulated in the said ...
R.S. Ramanath Vs. the Deputy Chief Engineer,
Court: Central Administrative Tribunal CAT
Decided on: Jul-13-2000
1. In this application, the applicant is seeking to quash the enquiry proceedings instituted against him and ihc charge sheet dated 22.9.1994 against him and to deem it as abandoned and also to quash the order dated 4.5.1999 at Annexure A-5 and to direct the respondents to release the full and final pension, gratuity, leave encashment, commuted leave and pension and other, retiral benefits legitimately due to the applicant with interest at 18% per annum and for costs and other reliefs.2. Though in the prayer column all these reliefs are mentioned but when the Counsel for the applicant was asked on 29.3.2000 regarding prayer for quashing Annexure A-5 and consequences upon the quashing of Annexure A-5 he submitted that he confines this O.A. only for the first prayer regarding quashing the inquiry initiated against the applicant and the charge sheet treating it as deemed to have been abandoned and does not press the other reliefs i.e., quashing of Annexure A-5 and the release of the pens...
Mahmood Ansari Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Jaipur
Decided on: Jul-12-2000
1. This application is preferred against the order dated 31.7.80 (Annexure A/1), passed by the Senior Superintendent, RMS, Jaipur Division, Jaipur. The impugned order imposed the penalty of dismissal on the applicant with effect from the date of the order with a further rider that this order shall be treated as a disqualification for future employment. The learned Counsel for the applicant has assailed the impugned order on several grounds.2. The learned Counsel for the respondents supported it, The learned Counsel for the respondents further submitted that the point as to the jurisdiction of this Tribunal, as raised in the reply, could be taken up as preliminary issue. The learned Counsel for the applicant also agreed that the matter could be considered first on this preliminary issue. Accordingly, we heard both the parties as to the jurisdiction of this Tribunal.3. The learned Counsel for the respondents contended that in view of the fact that the border was passed in the year 1980,...
Deva Jehta Chavda Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Ahmedabad
Decided on: Jul-12-2000
1. Mr. Sailesh Brahmbhatt for the applicant and Mr. B.N. Doctor for the respondents.2. This O. A arises out of the order passed by the Disciplinary Authority dismissing the applicant from the service on the ground that he had obtained the service by misrepresenting that he belonged to Schedule Tribe. The applicant was appointed as Telephone Operator in the Establishment of the respondents in the year 1983 and his appointment was made on the consideration that he belonged to Schedule Tribe. The applicant had furnished a caste certificate showing that he belonged to village Dholivav Ness in Junagadh Dist., residents of which are notified as Schedule Tribe by Gujarat Government. The applicant was given a charge sheet dated 06.05.88 alleging that he had secured employment under the SC/ST category by producing a false caste certificate and that he did not belong to Dholivav Ness. The inquiry officer after recording the evidence had submitted his report giving the findings that applicant di...
M.S. Leuva and anr. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Ahmedabad
Decided on: Jul-12-2000
1. The applicants are Officers in the Indian Audit and Accounts Department and were serving as Audit Officers in the Office of the Accountant General (Audit) Gujarat State when they filed the O.A. Their grievance is that they should have been promoted as Account/Audit Officer from the date the first vacancies were filled up after 9.4.81 when they became eligible and not from 1983 which is their actual date of promotion. They have prayed for a direction that they should be given the benefit of the Supreme Court Judgment in the case of Arati Ray Choudhury v. Union of India, (1974) 1 SCC 87 and that the seniority of the applicant No. 1 in the combined eligibility list for promotion to IA & AD cadre as on 1.7.1990 should be re-fixed.2.We have heard Mr. K.K. Shah for the applicants and Mr. M.S. Rao for the respondents.3. Mr. K.K. Shah states that the applicants belong to the S.C. and by rendering hard work they rose from lower posts and reached the level of Section Officer w.e.f. 9.4.1...
Dinesh Chandra Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Jaipur
Decided on: Jul-05-2000
1. In this Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has essentially prayed that he be appointed to the Indian Forest Service (for short IFS) w.e.f. 1.4.1981 against the quota of 1981 with all consequential benefits as has been given to similarly situated persons by notification dated 1.4.1981 (Ann. A13) against the fifth clear vacancy.It has further been prayed that he be given seniority in the IFS cadre treating him as having been appointed to IFS w.e.f. 1.4.1981 at par with those who stood in order of merit in the Select List dated 27/28.12.1980 and assign to him the year of allotment on such basis and thereafter confirm him and give to him the Selection Scale and further higher grades from the date when Shri N.K. Mathur whose name appears just over him at Sl. No. 4 in the Select List, was given such grades.2. The applicant was appointed as Assistant Conservator of Forest (for short ACF) w.e.f. 1.4.1966 and had became elig...
Krishna Chandra Rai Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Jul-04-2000
1. The applicant, being an employee under the Eastern Railway, has filed the instant OA for direction upon the respondents Railway for refund of a total sum of Rs. 46,387/-, being the penal rent already realised from him during the period from 1stJuly, 1979 to 1st May, 1994, for his continued occupation and retention of the railway quarters bearing No 414/A, situate at New Colony, Post Office Road, Khagaul, Patna, under Danapur Division of Eastern Railway.2. The applicant's case, in short, is that while he was working on the post of Guard at Danapur, under Danapur Division of the Eastern Railway, he was allotted a railway quarters No. 414/A at Danapur with effect from 17th July, 1977. Subsequently, on 6th June 1979, the applicant was transferred from Danapur to Garhara, under the same Danapur Division of Eastern Railway. After lapse of a little more than two years, the applicant was transferred back from Garhara to Danapur, vide office order dated 31st December, 1981. There was yet an...
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