Delhi Court September 2011 Judgments
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Anita Kejriwal and ors. Vs. Shyam Lal Sharma and ors.
Court: Delhi
Decided on: Sep-21-2011
1. The appellants in this appeal, who are the legal representatives of one Deoki Nandan Kejriwal, seek enhancement of the compensation awarded to them by the Motor Accidents Claims Tribunal by its judgment and award dated 31.05.2003 on account of the accidental death of the said Shri Deoki Nandan Kejriwal in a road accident. 2. The aforesaid road accident in which Shri Deoki Nandan Kejriwal (hereinafter referred to as "the deceased"), along with his driver, met with an untimely death took place on 20th April, 1996 on the road from Delhi to Agra, when the car of the deceased was hit by the offending truck near Village Ajhai, District Mathura, Uttar Pradesh. A First Information Report in respect of the accident was registered with Police Station Vrindavan under Sections 279/338/304- A IPC against the driver of the offending truck. On a Claim Petition filed by the legal representatives of the deceased, being Suit No.941/96, the learned Motor Accidents Claims Tribunal held that the acciden...
Daljit Kaur Vs. Governing Body Guru Harkishan Public School and ors
Court: Delhi
Decided on: Sep-21-2011
1. The challenge in this petition is to an order dated 21st July 2006 of the Delhi Sikh Gurdwara Management Committee, Respondent No. 3 [„the Committee] issued by its Chief Administrator, Respondent No. 4, informing the Petitioner that her services were no more required and were terminated with immediate effect. 2. The Petitioner stated that she was, by an order dated 11th January 1990, issued by the Officiating Principal of Guru Harkrishan Public School, Respondent No. 1 [„the School] appointed as a Trained Graduate Teacher (Punjabi) [„TGT (Punjabi] on ad hoc basis for a period of 45 days. She also stated that on the same date a separate memorandum was issued by the Chairman of the School in which it was stated as under: "The services of Ms. Daljit Kaur, TGT (Punjabi) may be used for teaching of Divinity (religious studies, as she has specialization in M.A. religious studies. However, she may be given classes to teach Punjabi if required. Possession of B.Ed. degree m...
Nand Kishore Sharma Vs. Govt of Nct of Delhi and ors
Court: Delhi
Decided on: Sep-21-2011
1. The Petitioner, who was working as Deputy Inspector, Enforcement Staff, the Delhi Society for Prevention of Cruelty to Animals („DSPCA), Respondent No. 4, was by an order dated 23rd January 2004 issued by the DSPCA, placed under suspension pending a disciplinary enquiry. Thereafter by an order dated 24th December 2004, the Chairman-cum-Disciplinary Authority („DA) of Respondent No. 4 imposed the penalty of compulsory retirement on the Petitioner on the ground that the charges have been established against the Petitioner "beyond any doubt". The Petitioner has in this petition challenged the above two orders as well as the memo of charges dated 13th April 2004, the order dated 21st July 2004 appointing the presenting officer („PO) and order dated 16th August 2004 appointing the Inquiry Officer („IO). 2. The DSPCA was registered as a society in 1928 under the Societies Registration Act, 1860. It is stated by the Petitioner that after its formal registration Resp...
S Ahluwalia Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-21-2011
1. Petitioner is a commissioned officer in the Indian Army and holds the rank of a Lieutenant Colonel. He works in the Corps Of Signals. 2. With respect to equipments needed by the Indian Army, it works very closely with Directorate General of Quality Assurance (DGQA) and to bring synergy between the two departments, technically qualified officers of the Indian Army are sent, from time to time, on deputation to DGQA. Permanent absorption of officers of the armed forces in DGQA is one of the mode of appointment in DGQA. 3. The petitioner has a domestic problem, in that, he has an old and ailing mother who suffers from various medical problems as also a wife having medical problems. 4. It is not in dispute that the armed forces have always been sympathetic to the petitioner and for said reason have accommodated him at Delhi for long durations. 5. Realizing that he cannot be permanently stationed at Delhi, way back in the year 2006, petitioner sought premature retirement, for the obvious ...
Sh. Mani Ram Vs. Union of India Through the General Manager, New Delhi ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-21-2011
Dr. A.K. Mishra, Member (A) 1. The applicant has challenged the order of the Disciplinary Authority (DA) dated 09.03.1999, order of the Appellate Authority (AA) dated 30.10.2003 modifying the order to that of reduction in rank and the order dated 01.07.2008 of the Revising Authority upholding the Appellate order. His prayer is to set aside these orders and grant him all consequential benefits at par with his junior counterparts. 2. The applicant, who was originally appointed as Khallasi and granted three promotions thereafter, was proceeded against for unauthorized long absence from duty from 09.08.1995 to 02.07.1996. According to his own averments he suffered from mental disorder and his whereabouts were not known to his family. Meanwhile the disciplinary proceedings were concluded ex-parte against him as he failed to respond to the notices and was removed from his service by the impugned order dated 9/16.03.1999. At paragraph 4.7 of the O.A. he states that only after coming to ...
Vinod Kumar Sharma and Others Vs. Smt. Sheela Dixit, Through Its Chair ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-21-2011
(ORAL) : Mr. G. George Paracken, Member (J) : 1. This Contempt Petition has been filed for the alleged non implementation of the orders of this Tribunal dated 31.03.2011. The relevant part of the order reads as follows :- “9. After examining the issue whether the work charged period can be counted to reckon 12/24 years of service for the purpose of 1st/2nd financial upgradation under ACP, we are of the considered opinion that the mother establishment of the Applicant being DDA and the said DDA having adopted the principle of work charged period to be reckoned for the purpose of 1st/2nd ACP, the DJB is, therefore, directed to take into account the work charged period spent by the Applicants to grant them 1st/2nd ACP as the case may be subject to the other conditions being fulfilled by the Applicants, as per law.” 2. Today when the matter was taken up for consideration, the learned counsel for respondents has brought to our notice a copy of the Office Order No.106 (DIST.) dat...
Ms. Sargam Sahni and Others Vs. All India Institute of Medical Science ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-21-2011
DR. A.K. MISHRA, MEMBER (A) 1. Heard the learned counsel for the applicants. 2. It is the case of the applicants that although they were appointed as Sister Grade-II on contract basis during 28.10.2003 to 27.11.2003 and are still continuing in service in that capacity through extensions granted from time to time by the respondent authority, their case for regularization has not been taken up favourably. Neither any relief has been granted to them by conferring on them the temporary status with attendant benefit. 2.1 Respondents held an examination in the year 2006 when the applicants could not qualify and on that basis were denied the right of regularization. However, they were prevented from appearing in another qualifying examination held during the year 2008 on the ground that they were over-age. 2.2 It is stated that one Ms. Ancy Sebastion, who was also appointed on contract basis on the post of Sister Grade-II was subsequently appoin...
Central Health Service Regularly Through Its General Secretary Dr. K.K ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-21-2011
Mr. G. George Paracken: 1. The first applicant in this Original Application is the Central Health Service Regularly Appointed Doctors Forum (Regd.) and the second applicant is one Dr. Balaram Mohanty who is a member of Ist applicant Forum. They have challenged the Annexure A-1 order of the Respondent No. A-32012/07/CHS-II dated 28.11.2008 promoting them to the post of Supertime Administrative Grade of the General Duty Sub-Cadre of Central Health Service in the scale of pay of Rs.37400-67000 plus NPA at the prescribed rates, corresponding grade pay of Rs.10000 (Pay Band 4) (pre-revised scale of pay of Rs.18400-22400 plus NPA at the prescribed rates) with effect from the date they assume the charge of the post on promotion. Their claim is that they should have been promoted from the date of occurrence of the vacancies or from the date of the DPC meeting which recommended their promotion and not in any case from the subsequent dates on which they assumed the charge in the promotiona...
Sohan Singh, New Delhi Vs. Anil Kaushal, New Delhi
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-21-2011
(ORAL) : Mr. G. George Paracken, Member (J) : 1. This Contempt Petition has been filed by the applicant in OA No.2743/2010 for the alleged non implementation of the order of this Tribunal dated 02.02.2011 therein. The relevant part of the said order reads as follows :- “4. Taking into account the above facts and circumstances of the case, we allow the OA and direct the Respondents to take follow up action in offering the Applicant appointment within a period of four weeks from the date of receipt of copy of this order. It goes without saying that the seniority that the Applicant would get, as per his marks, is also to be assigned to him. No costs. 2. The respondents has filed compliance report and along with it they have enclosed a copy of the order dated 19.09.2011 passed by them in pursuance to the aforesaid Order of this Tribunal. According to the said order, applicant has been promoted to the post of Telecom Mechanic in IDA pay scale of `9020-174...
Krishna Kumar Vs. Govt. of Nct of Delhi and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-21-2011
By Dr. Veena Chhotray: 1. The OA Nos. 1632/2010, 1334/2010 and OA 1638/2010 are being disposed by this common order as they involve almost identical facts and common issues of law. The OA 1334/2010 is being taken as the lead case and the references in the order pertain thereto unless otherwise specified. The applicants in these OAs, seven in all, are Junior Engineers (Civil) under the MCD agitating claims for appointment as Assistant Engineers (Civil) under the Direct Recruitment quota on the basis of the recruitment process during the years 1997-98. This is the second round of litigation. In the first round, aggrieved with the aforesaid selection process, 11 petitioners including the 7 applicants in the instant 3 OAs, had filed CWP No.2255/1998; the same being transferred to the CAT being dealt with as TA 836/2009 was disposed vide the Tribunal’s Order dated 1.6.2009. Their claims were that as per the information received under the RTI their names had been forwarded by DSSSB but...
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