Central Administrative Tribunal Cat Court June 2012 Judgments
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D.Dwarakanadha Reddy Vs. Union of India Rep by Commissioner of Customs ...
Court: Central Administrative Tribunal CAT Madras
Decided on: Jun-28-2012
Honourable Mr. R. Satapathy, Administrative Member) The applicant D.Dwarakanatha Reddy filed the OA under Section 19 of the Administrative Tribunals Act, 1985, challenging the order dated 9.6.2011 passed by the first respondent placing him under suspension and also the extension of suspension order dated 5.9.2011. He has also prayed for setting aside the said orders. 2. The facts of the case are that the applicant has been working as Appraising Officer in Chennai Customs since 30.1.2003. From June 2010, he has been working in the Sea Commissionerate (Imports), Special Valuation Branch (SVB) Branch. Prior to that he was working as Appraising Officer in the Air Cargo Complex, Chennai from March 2008 to June,2010. All of a sudden, he has been placed under suspension by an order dated 9.6.2011 on the ground that a disciplinary proceedings is contemplated against him in respect of an investigation being conducted by the Directorate of Revenue Intelligence (DRI). On enquiry, the applicant ca...
G. Narayanasamy Retired Fcca Vs. Union of India Rep. by the Chairman R ...
Court: Central Administrative Tribunal CAT Madras
Decided on: Jun-28-2012
G. Shanthappa, Judicial Member The applicants have filed this OA under Section 19 of the Administrative Tribunal's Act, 1985 seeking the following relief:- “i) To call for the records related to the representations dated 30.01.2011 submitted by the applicants in connection with benefits settled in CA No.1248/2009 decided on 23.6.2010 and to direct the respondents to extend the benefit of re-designation and scale of pay Rs.110-180 revised by the successive pay commission with effect from the date of joining as Coach Attendants with all the attendant service and monetary benefits.” 2. We have heard the learned counsel for the respective parties. 3. In a similar case i.e. OA 1498/2011 the respondents have filed the reply statement along with the copy of the order dated 30.05.2012. Para 5 of the reply statement in OA 1498/2011 reads as under:- “The Chief Personnel Officer, Southern Railway has advised all the Divisions to comply the claim of similarly placed employees, vi...
P. Chandran Vs. Union of India Represented by the General Manager, Sou ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Jun-28-2012
Dr. K.B.S. Rajan, Judicial Member 1. The applicant (seventh standard qualified) was initially appointed as a casual labourer and was granted temporary status w.e.f. 30-09-1982 and later regularised as a regular employee w.e.f. 26-10-1983. The regularization was in his capacity as Trackman from which post, the applicant was transferred as an artisan Khalasi and later promoted to the semiskilled post and as on 31-12-2005 the applicant was holding the scale of pay of his 2650 - 4000. The applicant superannuated on 30 - 09 - 2008. 2. With the framing of the Railway Services (Revised Pay) Rules 2008, all non-matriculate group D employees in different scales of pay were given the common replacement pay band of Rs.4440 - 7440 with a grade pay ranging from Rs.1300 to Rs.1650 and the the pay scale of Rs.2750 - 4400 was given a replacement pay band of Rs.5200 - 20,200 with the grade pay of Rs.1800. The above replacement pay band/GP was to come into effect from 01 - 01 - 2006. the non-matriculate...
K. Rajasenan Vs. Union of India, Represented by the General Manager, S ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Jun-28-2012
P.R. Raman, Judicial Member 1. The applicant who is presently working as Senior Section Officer in the Accounts Department of Southern Railway, Trivandrum in PB-2 with Grade Pay of Rs. 4,800/- is aggrieved by refusal on the part of the respondents to grant him the benefit of 3rd financial up-gradation under the Modified Assured Career Progression Scheme (MACP in short). The copy of the letter rejecting the applicant's grievance is produced as Annexure A1 dated 11.4.2001. It is stated in that the employee has gained three promotions as Grade-I at three different new organizations where he has worked (by getting transfer on his own request). Further, the employee has been promoted as SO (A), which is his 4th promotion. Since the employee has gone on unilateral transfer to a lower post/lower scale to the new organizations and has availed four promotions he is not entitled for any financial up-gradation under MACP vide paragraph 24 of the Railway Board's letter. Paragraph 24 refers to ther...
P. Bhaskaran, Hs-i, Bridges Cadre, (Retd.), and Another Vs. Union of I ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Jun-28-2012
K. George Joseph, Administrative Member 1. Being identical, these O.As were heard together and are disposed of by this common order. 2. The applicants who were initially engaged as casual labourers were appointed as Bridge Khalasi with effect from 12.12.1980 (applicant in OA 886/11) and 19.12.1980 (applicant in OA No. 556/11). Subsequently, they were promoted as Bridge Khalasi Helper, Rivetter HS-III, Rivetter HS-II and Rivetter HS-I. The applicant in OA No. 556/11 retired on 31.08.2008 and the applicant in OA No. 886/11 retired on 31.05.2007. These OAs are filed by the applicants seeking notional promotion as Rivetter HS-II and HS-III with effect from 01.01.1984 and as Rivetter HS-I in BRI cadre with effect from 01.01.1990 with all consequential benefits. 3. The applicants submitted that in O.A. No. 872/1992, the applicants therein were granted seniority and consequential promotion. The persons who were similarly placed as the applicants in the OA mentioned above were granted notional...
K. Lieson Vs. Union of India Represented by the General Manager and Ot ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Jun-28-2012
Dr. K.B.S. Rajan, Judicial Member 1. The applicant was initially engaged in the construction organisation of the Respondents on 18 - 01 - 1979 under the Permanent Inspector- I, Nagarcoil and continued there till 15 - 04 - 1980. Thereafter he was posted under Inspector II where he served till 05 - 12 - 1980 whereafter he was disengaged. The total period of casual labour service put forth by the applicant according to the applicant worked out to 678 days. Initially, the applicant along with certain other individuals moved the High Court of Kerala, by filing OP number 5365 of 1981 which was disposed of by the High Court with a direction to the respondents that the petitioners therein should be considered for regular appointment to any class IV posts. Vide judgment dated 12-03 - 1982, at Annexure A-4. As there is no favourable response from the Department, OP No. 8673 of 1982 was filed by them which was disposed of with a direction to the respondents that the petitioners be absorbed in acc...
G. Umadevi Vs. Union of India Represented by the Chief Passport Office ...
Court: Central Administrative Tribunal CAT Ernakulam
Decided on: Jun-28-2012
Dr. K.B.S. Rajan, Judicial Member 1. The challenge in this OA is that the applicant's annual confidential reports have not been properly evaluated, more so, when both the reporting authority and the reviewing authority happened to be one and the same. Brief facts The applicant is presently working as Upper Division Clerk in the Passport Office at Malappuram under the second respondent. Earlier, she was serving at the Passport Office at Goa. On 29 - 03 - 2006 she had been served with some Charge Memo which she had responded to and ultimately some penalty was imposed upon her on account of certain proved misconduct vide Annexure A-3 order dated 17 - 03 - 2008. 2. For the years 2006 - 07 and 2007 - 08 when the applicant was serving at Goa, she had furnished her self appraisal part of the Annual Confidential Report, to the reporting officer. The reporting officer had, against column "Does the Reporting Officer agree with the information provided by the official in part I" recorded his view...
M. Mayandi Retired Fcca Vs. Union of India Rep. by the Chairman Railwa ...
Court: Central Administrative Tribunal CAT Madras
Decided on: Jun-28-2012
G. Shanthappa, Judicial Member The applicants have filed this OA under Section 19 of the Administrative Tribunal's Act, 1985 seeking the following relief:- “i) To call for the records related to the representations dated 12.02.2011 and 21.04.2011 submitted by the applicants in connection with benefits settled in CA No.1248/2009 decided on 23.6.2010 and to direct the respondents to extend the benefit of re-designation and scale of pay Rs.110-180 revised by the successive pay commission with effect from the date of joining as Coach Attendants with all the attendant service and monetary benefits.” 2. We have heard the learned counsel for the respective parties. 3. In a similar case i.e. OA 1498/2011 the respondents have filed the reply statement along with the copy of the order dated 30.05.2012. Para 5 of the reply statement in OA 1498/2011 reads as under:- “The Chief Personnel Officer, Southern Railway has advised all the Divisions to comply the claim of similarly place...
E. Anandakirouchenane Vs. the Chief Secretary to Government, Governmen ...
Court: Central Administrative Tribunal CAT Madras
Decided on: Jun-26-2012
G. Shanthappa, Judicial Member The above O.A is filed under Sec. 19 of the Administrative Tribunals Act, 1985 challenging the legality and propriety of the proceedings of the 3rd respondent in A.22013/1/H.1/Health/2006-II dated 10.08.2011. 2. We have heard the learned counsel for the respective parties. The applicant is challenging the order of transfer, transferring him from the Department of Drugs Control Puducherry to Government General Hospital, Karaikal vice. Shri M. Balasubramanian (respondent no. 4). Shri M. Balasubramanian has been transferred from the Government General hospital, Karaikal to Department of Drug Control Pudhcherry. There was also a direction to Shri M. Balasubramanian that he should move first. The 3rd respondent is the Under Secretary to the State Government’s Health Department. The said postings are interchangeable. The grievance of the applicant is that as per the directions of the Honble High Court of Madras, the 1st respondent has bifurcated the Healt...
K. Durai Babu Vs. Union of India Rep. by the General Manager, Southern ...
Court: Central Administrative Tribunal CAT Madras
Decided on: Jun-26-2012
Hon'ble Mr. R. Satapathy, Administrative Member) Challenging the rejection of the applicant's request for correction of his date of birth by the impugned order dated 20.1.2012 passed by the second respondent, this application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for quashing of the said order and prays for a direction to correct his date of birth as 20.1.1957 instead of 20.1.1952 and continue him in service till 31.1.2017. 2. The applicant was initially appointed as Casual Labour Khalasi on 1.2.1979 and granted Temporary Status on 1.1.1983 in Railway Electrification and empanelled and posted as permanent Khalasi on 22.3.1986. It is stated by the applicant that the Service Register and Leave Chart of the applicant were opened after he was granted Temporary Status. According to him, his date of birth is 20.1.1957 but the same has been wrongly entered as 20.1.1952 in the Service Register and correctly entered as 20.1.1957 in the Leave Chart....
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