Central Administrative Tribunal Cat Court April 2009 Judgments
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G. Thiagarajan Vs. Uoi Rep.by the Superintendent of Post Offices, Kara ...
Court: Central Administrative Tribunal CAT Madras
Decided on: Apr-30-2009
K. Elango, J. Challenging the selection of the second respondent for the post of Postman, this application has been filed by the applicant to set aside the same and also for a direction to the respondent to promote him to the post of Postman with all service benefits. 2. The case of the applicant is that he had joined as ED Packer (now GDS), CECRI S.O. at Karaikudi and has put in more than 33 year of unblemished service. He belongs to OBC community and entitled for relaxation of upper age limit of 3 years for considering promotion to the post of Postman. It is stated by the applicant that a DPC was held on 21.6.2007 for selection to the post of Postman on the basis of length of service for the vacancy of the year 2006 and selected the second respondent herein. Accordingly to the applicant the selected candidate, the second respondent is at S.No.51 in the Seniority List, whereas ne stands at S.No.39. Aggrieved by his non-selection, he has come before this Tribunal. 3. it is contented b...
A.D. Radhakrishnan and Others Vs. Union of India Represented by the Se ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Apr-30-2009
Hon'ble Mrs. K. Noorjehan, Administrative Member The applicants challenge the filling up of all the diverted vacancies of JuniorTelecom Officers by 35% promotion quota against the Recruitment Rules. 2. The applicants are working as Senior Telecom Office Assitants (STOA for short) in the various offices under the 3rd respondent. According to them, the next promotion post is that of the Junior Telecom Officer. Under the relevant Recruitment Rules, 50% of the posts are filled by direct recruitment and 50% by promotion/transfer. Out of the 50% departmental quota, 35% is filled by promotion/through screening test on the basis of seniority and the remaining 15% by promotion through competitive examination. The applicants appeared in the examination in the 15% category during 1999 and 2000 (P-1). The examination for the year 1999 was conducted for filling up the vacancies of the years 1995, 1996, 1997 and 1998. According to the applicants, upto 1997 there were 88 vacancies earmarked for Unre...
Dr. R.P.Sharma, Ips Vs. the Union of India, Represented by Its Secreta ...
Court: Central Administrative Tribunal CAT
Decided on: Apr-29-2009
SMT. K.N.K.KARTHIAYANI, MEMBER (A) The applicant, an IPS officer of Karnataka Cadre, presently working as IGP (GandHR) in the Office of DGandIGP, Govt. of Karnataka is aggrieved by the inaction of the respondent in the matter of his deputation to the Organising Committee of Common Wealth Games, Delhi 2010. 2. The brief facts as stated in the OA are: - 2.1. For the purpose of conducting Common Wealth Games an organizing Committee called ‘the Organising Committee of Common Wealth Games, Delhi 2010’ [hereinafter shortly referred to as the Organising Committee] has been formed, and registered under the Societies Registration Act, 1960. A search Committee was constituted by this Organising Committee for selecting an officer for the post of Additional Director General [Security] on a fixed term foreign service basis. On the recommendations of the search Committee, the applicant was selected by the Organising Committee for the post of ADG [Security]. The Chairman of the Organising...
The All India Station Masters' Association and Another Vs. Union of In ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Apr-29-2009
This Original Application has been filed by the All India Station Masters Association represented by its Vice President Shri T.A. Pillay and another Station Master Shri C.R. Sathiapal. Their grievance is that the payment on account of National Holiday Allowance (for short NHA) has been reduced by the respondents from time to time on the basis of various instructions issued by the Railway Board. 2. The NHA is an allowance which is given to the Railway employees to compensate for the duties they performed on national holidays. Initially it was introduced in 1960 on the recommendation of the 2nd Pay Commission for three national holidays falling on 15th August, 26th January and 2nd October. In paragraph 45 of Chapter XXV of its report the following recommendations were made: "That the staffs, who did not at present enjoy any public holidays, should be considered entitled to the three National Holidays: and since with some exception, they cannot be relieved of their duties on those days, ...
Shri Nidumolu Peddulu Vs. the Superintendent of Post Offices Machilipa ...
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Apr-29-2009
Hon'ble Mr. Justice P. Lakshmana Reddy, VC) This application is filed by a Grameen Dak Sevak Packer (GDS Packer) seeking the following reliefs: i) To call for the records relating to the issue of (a) lr No. RE/1-22/ADA/2001/Corr. dt. 7.4.2003 of R-3 prohibiting filling up of vacancies of Postmen and Group `D' until further orders, and (b) the notification No.B1/ Postman Rectt/2005 dt. 12.3.07 by R-1 and the subsequent action taken thereon by R-1 to fill up the OC vacancy of postman under seniority quota for the year 2005, and quash the lr. No. RE/1-22/ADA/2001/ Corr dt. 7.4.2003 as illegal, arbitrary and unconstitutional. ii) to declare that the applicant is entitled to be considered against the said vacancy of postman under seniority quota for 2005 and for the vacancies for the years 2006, 2007 and 2008 onwards under the seniority quota and that he is also entitled to be considered against the vacancies of group `D' for the years 2002 onwards upto 2008 and onwards as he was not consid...
C.P.Abdulla Koya Vs. the Administrator, Union Territory of Lakshadweep ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Apr-29-2009
Hon'ble Mr. George Paracken, Judicial Member Challenge in this O.A is against the Annexure A-4 office memorandum issued by the respondents rejecting his representation dated 5.1.2007 to grant him regular promotion as Upper Division Clerk (UDC for short) with effect from 28.5.1993 i.e. the date on which the DPC has considered his case first for promotion and kept it in the sealed cover. 2. The facts of the case are that the applicant entered the U.T. Administrative service as Godown Keeper at Cooperative and Marketing Society, Kiltan with effect from 10.5.1993 and he was posted as Godown Keeper at Kadamat with effect from 16.8.1984. As a Godown Keeper it was his responsibility to keep a watch on the movement of civil supplies items like rice and sugar under the Public Distribution System through the fair price shops. A disciplinary case was initiated against him vide order No.F.No.13/46/86 Coop. dated 27.6.1989 under Rule 14 of the CCS(CCA) Rules, 1965. The charges against him were as...
Johnykutty K.J. Konattu Vs. the General Manager Bsnl. and Others
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Apr-29-2009
Hon'ble Mrs. K. Noorjehan, Administrative Member The applicant who absented from service for six years, challenges the termination of his service without following the procedure prescribed under Rule 14 of the CCS (CCandA) Rules, without notice, without conducting inquiry and without payment of terminal benefits for the service rendered by him. 2. According to the applicant, he entered service of Telecom Department as a Line Staff on 2.5.1984. While he was working as Lineman under the Kunnoni Telephone Exchange within the Erattupetta Sub Division, on 30.11.1994 he went to Alleppey to get some financial assistance from one of his friends. As he could not find his friend and thinking about his inability to pay back the various loans availed from financial institutions as well as private individuals, he became mentally unbalanced, wandered around Alleppey for two long years and was admitted to a nearby hospital where he was unconscious and paralysed. The attempts by his family to locate...
Shri Sukhdev Dagduba Vs. the General Manager South Central Railway Rai ...
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Apr-28-2009
This application is filed seeking to set aside the impugned order No. NP/ Con/ CA/ 78/ 06 dated 25.4.2007 passed by R-3 and for consequential directions to the respondents to consider the case of the applicant's son for appointment on compassionate grounds, as per Railway Board instructions contained in letters dated 18.10.2000, 26.5.2004 and 14.6.2006. 2. The relevant facts in brief are as follows: The applicant while working as Goods Driver in Nanded Division in Southern Railway, he was directed to undergo periodical medical examination from 22.5.99 to 26.5.99 and in that medical examination, the applicant was found medically unfit for A-I category but found fit only for A-III category and accordingly medical certificate was issued on 26.5.99. Thereafter on 1.1.2000, the applicant submitted a representation to the Senior DPO, Hyderabad through AME, Purna requesting to accept his retirement on medical grounds as per Railway Board's letter No. E (NG) III/78/RC-1/1 of 3.9.93. On 3.3.200...
M.i. Issac, Chief Accounts Officer, Ernakulam Vs. Chairman and Managin ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Apr-28-2009
Hon'ble Mrs. K. Noorjehan, Administrative Member The applicant, Chief Accounts Officer (Telephones), Revenue Accounts Unit, Ernakulam, is aggrieved by the denial of stepping up of pay with that of his junior. 2. The applicant and 5th respondent are Chief Accounts Officers working in the BSNL, Ernakulam. According to the applicant, as on 3.8.1989 he and 5th respondent, who is junior to him, were drawing the same pay of Rs. 2180/-in the pay scale of Rs. 2000-3200. The applicant was then granted two advance increments of Rs. 60/- each for passing the intermediate examination of the Institute of Cost and Works Accountants of India (Ext. P-2). While so, pursuant to the directions of the Tribunal in O.A. No. 1156/93 dated 29.10.93 filed by Shri C.M. Yacob and Others, the pay of the applicant and the 5th respondent were stepped upto Rs. 2750/-in the scale of Rs. 2375-75-3200-EB-100-3500 (A3). While stepping up the pay of the applicant and 5th respondent to that of Shri Sankaranarayanan Acco...
G. Atchanna and Others Vs. the General Manager, Telecom District, Bsnl ...
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Apr-28-2009
ORAL ORDER {As per Hon'ble Mr. Justice P.Lakshmana Reddy, Vice Chairman } Heard Mr.K.Venkateswara Rao, learned counsel for the applicant and Mr.V.Rajeswara Rao, learned standing counsel for the respondents. 2. Learned counsel for the respondents submitted that this is a covered case and the Hon'ble A.P.High Court held that similarly situated persons are entitled for the pay scale of Rs.4000-6000, but the respondents have preferred S.L.P.No.8488/2006 and the same is pending before the Hon'ble Supreme Court and the Hon'ble Supreme Court granted stay of operation of the order passed in the W.A.1959/2005 and batch and subsequently one similar case was filed as W.P.18200/2006 and the Hon'ble A.P.High Court disposed of the said Writ Petition directing the respondents to extend the benefit of relief granted in W.A.1959/2005 and batch and fix the pay of the petitioners in accordance with the judgement in the said writ appeals, if the respondents fail in S.L.P.No.8488/2006 and batch and theref...
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