Central Administrative Tribunal Cat Court October 2005 Judgments
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Indian Telecom Service Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Oct-31-2005
Reported in: (2006)(3)SLJ196CAT
1. By virtue of these applications has been assailed respondents' O.M.A-11013/l/2005-Admn.II(ITS)/TTS/TFS dated 24.3.2005 (Annexure P-l in O.A. No. 1963/2005) whereby option has been called for absorption of Group 'A' officers of Indian Telecom Service (ITS)/Telegraph Traffic Service (TTS)/Telecom Factory Service (TFS) in Mahanagar Telephone Nigam Limited (MTNL)/Bharat Sanchar Nigam Limited (BSNL), alleging that respondents have resorted to enforce illegal conditions on applicants coercing them into exercising options for absorption in MTNL/BSNL.2. All these O. As. have raised more or less identical facts and issues and have, therefore, been clubbed together for disposal by the present common order. For the sake of brevity, the facts have been culled out from O.A. No. 1963/2005.3. Apart from seeking quashment of O.M. dated 24.3.2005 applicants have further sought directions to respondents to formulate a just, fair and comprehensive policy for absorption of the applicants in BSNL or MT...
S.K. Sharma and ors. and Mrs. Radha Vs. Kendriya Vidhyalaya Sangathan
Court: Central Administrative Tribunal CAT Delhi
Decided on: Oct-28-2005
Reported in: (2006)(1)JCR116
1. Having founded on similar facts involving an identical question of law, both these Original Applications are being disposed of by this common order.2. In these Original Applications, Post Graduate Teachers (for short, PGTs) of Kendriya Vidyalaya Sangthan (for short KVS) have assailed respondents' orders whereby their deputation as Principal has been terminated and they have been repatriated to their substantive post of PGT. Orders passed by respondents terminating the services of the applicants, who had been regularized, have also been assailed.3. Applicants, who are undisputedly PGTs working in different streams; in the wake of the Recruitment Notice published by the KVS inviting applications on all India basis to fill up the posts of Principal by deputation and also by direct recruitment to clear the backlog vacancies of SCs/STs, applied for the same. The notification inter alia included, as a condition precedent in the matter of selection, written examination and viva voce with ...
J.D. Mehta Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Ahmedabad
Decided on: Oct-26-2005
Reported in: (2006)(2)SLJ55CAT
1. The applicant J.D. Mehta in this second round of litigation (the name of Association of Railways and Post employees having been dropped vide order dated 19.2.2004), is aggrieved by the action of respondents in resorting to direct recruitment from open market in Group 'D' posts without first absorbing the ex-casual labour on live register/supplementary live register. He has sought for the following reliefs: (A) The Hon. Tribunal be pleased to declare the impugned a 'on on the part of respondents to fill up the vacant posts of gangman etc., c Jup-D posts, in Rajkot Division, by direct recruitment, ignoring the directions issued by the Hon. Supreme Court and the rights of the ex-casual labourers waiting for absorption, as illegal, unjust, arbitrary and in violation of Articles 14 and 16 of the Constitution of India and be pleased to quash and set aside the same and direct the respondents to fill up all the vacancies of Rajkot Division, from amongst the ex-casual labourers awaiting for...
B. Tamizharasi and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Madras
Decided on: Oct-20-2005
Reported in: (2006)(1)SLJ215CAT
1. 135 applicants have filed O.A. No. 764/ 2005, seeking the following reliefs: (a) To direct the respondents to accord temporary status and regularize the services of the applicants in suitable Group-D posts such as Sepoy etc., with all consequential benefits; and (b) To pass such further or other orders as may be deemed fit and proper. The applicants are all working as Casual Labourers/Contingent Staff in the office of the respondents No. 3 & 4, viz., the Chief Commissioner of Customs (Preventive) and the Commissioner of Customs and Central Excise, particulars of which are given in the annexure to the O.A. According to them, they had been working for periods ranging from 5 to 12 years, doing jobs such as taking Xerox, print outs, attending guest house and gardening etc. On many occasions, they continuously do jobs in morning and night shifts, without additional monetary benefits. They had been engaged on holidays and national holidays without any extra monetary benefits. Accordi...
V. Sivaperumal Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Madras
Decided on: Oct-20-2005
Reported in: (2006)(1)SLJ361CAT
1. The applicant, a candidate for selection to the post of Lower Division Clerk has prayed for the following reliefs: To call for the records of the respondent with No. A:34014/3/2000-DPAR (Exam.) dated 1.10.2002 and to quash the same and consequently to direct the respondent to give appointment orders and to appoint the applicant to post of ' L.D.C. on the basis of the select list for the post of LDC under the meritorious persons quota with retrospective effect from the date on which the other candidates were selected with all other consequential benefits of seniority back wages etc., and to pass such other or further orders in the interest of justice and thus render justice.2. The facts of the case are as follows: The applicant is meritorious sports person having participated in State National Level and International Level Sports. The applicant finally represented the India in the First Asian Junior Kabaddi Championship 2000. The following are the meritorious events in which the app...
Shree Krishna Chandra Pandey Vs. Kendriya Vidyalaya Sangathan and
Court: Central Administrative Tribunal CAT Patna
Decided on: Oct-18-2005
Reported in: (2006)(92)SLJ190CAT
1. A writ petition, (CWJC No. 11332 of 1996) was filed by the applicant against Kendriya Vidyalaya Sangathan (hereinafter referred to as 'The Sangathan') and others praying therein for issuance of appropriate writ directing the Sangathan and its officials to accept the joining of the applicant to the post of TGT (Mathematics) in which he was working. The matter remained pending before the Hon'ble Court but by order dated 08.05.2003, the Hon'ble Court transferred the petition to this Tribunal on the ground of jurisdiction, which is how this application has come-up before us for disposal.2. The facts, in brief, as coming out of the application are that having been appointed as a Primary Teacher under the Sangathan at Barauni in due course the applicant was promoted as Trained Graduate Teacher (for short, TGT) (Mathematics) and worked satisfactorily throughout. Thereafter, the applicant applied for the post of Secondary Teacher in Zambia for which he was interviewed and was appointed as ...
Govind Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Allahabad
Decided on: Oct-07-2005
Reported in: (2006)(3)SLJ59CAT
1. The explosive expansion of the Railways to cater to and cope up with the ever increasing travelling of the public results in creation of various Zonal Railways by the Indian Railways, the massive organization of Asia. Powers to create such new Zonal Railways is vested with the Central Government vide Section 3(4) of the Indian Railways Act, 1989 (Act 24 of 1989). Such a creation of new zones would inevitably lead to allocation and re-allocation of or carving out from the territorial jurisdiction of the existing zones and in turn, such a transfer of territorial jurisdiction to the newly created zones would have its own impact in the service conditions of the Railway employees coming under the administrative control of the new Zonal Railways. One such item feeling this impact, which frequently comes in for judicial scrutiny, is transfer and seniority of such employees. The case in hand belongs to this character.2. First the law on the subject on which the facts of the case would be t...
Guru Dutt Ranga Vs. Government of Nct of Delhi and anr.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Oct-07-2005
Reported in: (2006)(92)SLJ163CAT
1. By virtue of this OA applicant has assailed an order passed by the respondents on 29.8.2005, whereby in pursuance of Sub Rule (1) of Rule 5 of the CCS (Temporary Service) Rules, 1965, on expiry of period of notice of one month, services of applicant shall stand terminated.3. Brief factual matrix in this case is that in pursuance of an advertisement for recruitment to the post of Grade-II of DASS applicant made an application and after the examination conducted by the Delhi Subordinate Services Selection Board (DSSSB, for short) in November, 2000 a memorandum dated 17.6.2004 was served upon applicant from the office of Medical Superintendent, Loknayak Hospital, Government of National Capital Territory of Delhi (NCT Delhi), asking him to submit his testimonials. Immediately thereafter, applicant was served with a memorandum dated 5.8.2004, an offer of appointment, where he was appointed to a temporary post of Grade-II of DASS, Head Clerk, in the pay scale of Rs. 5000-8000 subject to ...
John Oomen and ors. Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Oct-07-2005
Reported in: (2007)(1)SLJ53CAT
1. These two O.As. viz. 282/2005 and 307/2005 have been filed by the applicants aggrieved by the cancellation of the select panel dt.14.2.2005 for Goods Driver (for short, GDs) by respondents. There are 41 applicants in O. A. No. 282/2005 and 47 applicants in O.A. 307/2005 and all of them were included in the panel dt. 14.2.2005 containing the names of 141 persons who hadqualified in the written examination. We therefore, propose to dispose of both the O.As. with this common order.2. The earned Counsel for the applicant submitted that the respondents had taken action for filling up vacant posts of GDs. The written test was conducted in batches on five dates viz. 10.12.2004, 14.12.2004, 18.12.2004, 22.12.2004 and 26.12.2004. The result of written examination was declared on 14.2.2005. The Railway Unions in a letter dt. 13.12.2005 addressed to the Divisional Railway Manager, Personnel Branch, Mumbai CST complained that the question paper set on 10.12.2004 was not as per the guidelines l...
S. Abdul Azeem and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Madras
Decided on: Oct-06-2005
Reported in: (2006)(92)SLJ198CAT
1. All the above Original Applications are filed praying to quash the order of the second respondent denying the shifting of the date of absorption and consequently to direct the first and second respondents to sanction pension with effect from 1.1.1975.2. The facts of the case are as follows: All the applicants joined the first respondents' office namely Director General of Civil Aviation in the year 1964 and their services were confirmed in the year 1973. After formation of the Airport Authority of India the applicants were absorbed in the year 1973. The applicants have put in less than 10 years of service with the Government. The association of the applicants requested the first respondent to shift their date of absorption with the third respondent to 1.1.1975 in order to make them fully eligible for availing pension. However, their request was rejected by the impugned order dated 20.4.2004. The O.A, is against this order in all these cases.3. The grounds raised in these O.As. are ...
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