Central Administrative Tribunal Cat Court December 2002 Judgments
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N.S. KaIn Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Dec-31-2002
Reported in: (2004)(2)SLJ57CAT
1. Applicant impugns his continued suspension resorted to initially by an order dated 19.5.97 and continued through orders dated 23.5.2001 and 20.2.2002. He has sought quashment of these orders with further direction to the respondents to revoke suspension with accord of all consequential benefits.2. Applicant was appointed as an Assistant Sales Tax Officer and promoted in 1974 as Grade-II Officer of DANICS. Applicant was further promoted as Grade-I Officer on 3.10.83 and promoted to JAG on 17.5.89.He was on deputation to MCD from Government of NCT Delhi. CBI registered a case FIR No. RC-28-A/97-DLI under Section 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act. Applicant was arrested on 26.4.97 and was under detention till 2.5.97. He was placed under suspension under Rule 10(2) of CCS (CCA) Rules, 1965 until further orders on 19.5.97. After completion of the investigation chargesheets have been but before the competent Court of law for offences under Prevention of Corr...
Sanjay Yadav and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Jaipur
Decided on: Dec-24-2002
Reported in: (2003)(3)SLJ378CAT
(i) a direction to the respondents to include the two years probation period of the applicants while computing the length of their regular service. (ii) a direction to the respondents to convene DPC to consider the applicants for promotion to the post of Selection Scale Divisional Accountant (now re-designated as Divisional Accounts Officer Gr. II) and grant seniority to the applicants from retrospective effect.2. The case for the applicants No. 1 to 3 in brief is that they are Divisional Accountants and are eligible to be promoted to the post of Divisional Accounts Officer Gr. II, as they have put in more than 5 years service in the grade of Divisional Accountant, but the respondents are not counting the probation period of two years.3. In the counter, the respondents' plea is that the application is premature and also that the applicants are not eligible to be considered for promotion to the post of Divisional Accounts Officer Gr.II, because the probation period of two years cannot ...
Ashok Kumar Vs. Additional Dy. Commissioner of
Court: Central Administrative Tribunal CAT Delhi
Decided on: Dec-20-2002
Reported in: (2004)(1)SLJ181CAT
1. The present O.A. was earlier disposed of vide Tribunal's order dated 2.5.2000. Thereafter the applicant had filed writ petition No.4246/2000 before the Hon'ble High Court of Delhi which was disposed of vide Hon'ble High Court's order dated 17.9.2001. The relevant portion of the Hon'ble High Court's order reads as follows:- "Petitioner and his colleague Jitender Pal Singh, both Constables in Delhi Police were dismissed from service allegedly for extorting money from one person. It is claimed that this was done pursuant to a joint Enquiry. Both files O.As. before Tribunal against this taking the plea that non-supply of preliminary report had prejudiced their defence in reference to Rule 15(3) of Delhi Police (P&A) Rules 1980. Tribunal allowed O.A. 1406/96 of Jitender Pal but dismissed O.A. 2021/96 of petitioner. Hence this petition. We have examined both orders and we find that Tribunal had drawn distinction in petitioner's O.A. on noticing that he had not demanded Preliminary En...
P.i. Chandrasekharan Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Dec-18-2002
Reported in: (2004)(2)SLJ342CAT
1. The applicant is a pensioner who retired from service on 31.10.1995 as Deputy Station Superintendent from the Sambulpur Division. He was having 33 years of service under the Railways in various Divisions.While the applicant was working as Station Master at Therubali under Waltair Division, the said station was transferred under Sambulpur Division on 1.1.1994. During that period all candidates were called for suitability test for promotion to the post of Deputy Station Superintendent in the grade of Rs. 1600-2660 vide order dated 29.7.1994. The applicant attended the said selection process and passed in the selection. But when the provisional select list was published on 12.8.1994 to the post of Deputy Station Superintendent, the applicant's name was not included in the list, presumably due to the fact that the applicant had been transferred to Sambulpur Division. The applicant was directed to seek promotion through Sambulpur Division only. At the same time, all his juniors who were...
P. Dhanpal Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Dec-18-2002
Reported in: (2004)(2)SLJ289CAT
1. Applicant aggrieved by A1 order dated 15.11.99 by which his plea to protect the post of Assistant Newsreel Officer in Group-B as a separate cadre was rejected and A-4 order dated 12.8.99 by which the post of Assistant Newsreel Officer Group-B was downgraded to a Group-C cadre of Assistant Cameraman without considering the representation made by the applicant and A-5 order dated 7.1.99 by which the Government approved the merger of the posts of Newsreel Officer with the post of Chief Cameraman and redesignated the same as Chief Cameraman, filed this O.A.seeking the following reliefs: (i) To quash Annexures A1, A4, A5 and to declare that merging the cadre of Assistant Newsreel Officer (Group-B) with a lower Group(C) post is illegal. (ii) To direct that the applicant is entitled to continue in a Group-B post or in a similar cadre and not liable to be downgraded to a Group-C post. (iii) To direct the respondents to remove the anomaly if necessary by prescribing quota in promotion for e...
Smt. Swati S. Patil Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT
Decided on: Dec-18-2002
Reported in: (2004)(1)SLJ381CAT
1. Applicant, presently working as Additional Commissioner of Income Tax and who had initially joined Indian Revenue Service on 21st July, 1974, has filed the present application under Section 19 of the Administrative Tribunals Act, 1985 and has prayed for the following reliefs: "(i) quash the Memorandum No. F. No. C.14011/25/95-V & L dated 20.12.1995 (Annexure-A1) issued by the 1st respondent, Union of India. (ii) quash the Report No. 117/SK/45 (38) dated 22.3.1999 (Annexure-A5) prepared by the 3rd respondent, Inquiry Officer. (iii) direct the 1st and the 2nd respondents to open the sealed cover and give effect to the decision of the DPC held in the year 1997 to the post of Commissioner of Income Tax in so far as the applicant is concerned by granting all the consequential benefits from the date of the applicant's juniors have been promoted to the post of Commissioner of Income Tax, with arrears of pay, seniority, etc., in the interest of justice. (iv) grant such other reliefs as...
N. Manilal Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Dec-18-2002
Reported in: (2004)(2)SLJ10CAT
1. Applicant who is presently working as Scientist/Engineer-SF under the 3rd respondent commenced service under the Kerala Government (Department of Technical Education) with effect from 8.12.67. While so, he applied for appointment in Keltron, a Government of Kerala Undertaking, through proper channel, and with prior permission of the then controlling authority. On being offered an appointment in Keltron, the applicant tendered his technical resignation from the Directorate of Technical Education. He was relieved from the Directorate of Technical Education with effect from 28.2.78. His technical resignation was accepted with effect from 28.2.78 as per A-1 order dated 3.7.78.Thus the applicant had rendered 10 years, 2 months and 20 days' service under the Government of Kerala before joining the Public Sector Undertaking, Keltron (Kerala State Electronic Development Cooperation).Under Keltron he had worked for 3 years, 9 months and 16 days. He left Keltron to take up employment with Vi...
Leelamma Devassia Vs. Sr. Supdt. of Post Offices and ors.
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Dec-18-2002
Reported in: (2004)(2)SLJ244CAT
1. Applicant's case is that she belongs to 'Mala Araya' community, which is included in the list of Scheduled Tribes in the State of Kerala and is entitled to reservation/concession admissible to Scheduled Tribe Community. Annexure A/1 is the true copy of 3rd page of SSLC Book showing her caste as CSI (Mala Araya). The applicant applied for selection and appointment to the post of Time Scale Clerk in the Post Office against one of the vacancies showing her community as 'Mala Araya'. Annexure A/2 is the true copy of the letter dated 12.11.71 addressed to the 3rd respondent. The 2nd respondent informed the applicant that on scrutiny of her application it was found that she did not furnish the community certificate issued by the Competent Authority and directed the applicant to obtain and forward the said certificate in the prescribed form issued by an officer of the Revenue Department, not below the rank of Tahasildar, within five days of the receipt of the said letter as per the letter...
Janab K. Abdul Rahim Vs. the Divisional Electrical
Court: Central Administrative Tribunal CAT
Decided on: Dec-16-2002
Reported in: (2004)(1)SLJ215CAT
1. The constitutional validity of the provisions of Rule 21 of Railway Servants (Conduct) Rules, 1966, has been questioned in the present O.A.The said rule reads as under: "2. Restriction regarding marriage: (1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and (2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person: Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in Clause (1) or Clause (2), if it is satisfied that: (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate that fact to the Government." 2. Undisputed facts of the case are as under: Janab Abdul Rahim, a Mohamedan, an Electrical Fitter, i...
Dr. V.R.V. Surendranath Naik Vs. Indian Council of Agricultural
Court: Central Administrative Tribunal CAT
Decided on: Dec-12-2002
Reported in: (2004)(2)SLJ387CAT
1. The applicant who was selected as Junior Medical Officer with MBBS as his basic qualification for the office of third respondent vide offer of appointment letter dated 13.6.1991 (Annexure A-1), joined the said post carrying the scale of pay of Rs. 2200-4000, with effect from 2.7.1991. At that time the said post of Junior Medical Officer was placed in the "auxiliary" category. The post in the Auxiliary and Administrative (Non-Ministerial) Category stood abolished by communication dated 20.8.1996 (Annexure A-4) and the said order were made applicable with effect from 29.6.1996. Consequent upon the abolition of post in auxiliary and administrative category, two new functional groups, functional Group VIII medical and para medical staff and functional Group IX House Keeping staff were added. Consequent upon abolition and additions as noted hereinabove, the applicant vide office order dated 24.10.1996 (Annexure A-5) was "inducted" into technical categories under medical and para medical...
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