Delhi Court September 2011 Judgments
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R.S. Dagar and Others Vs. Union of India Through Secretary, New Delhi ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
Dr. A.K. Mishra, Member (A) 1. The applicants have challenged the Office Order dated 18.06.2011 issued by the Addl. Medical Superintendent (Security) of Safdarjung Hospital with a prayer to set aside this order and to give a direction to Respondent No.1 to order investigations into the complaints and counter-complaints of both the parties at dispute through a competent investigating agency. 2. The applicants were appointed as Security Manager/Assistant Manager (Security) in Safdarjung Hospital by the Ministry of Health for one year with a stipulation that their appointments might be extended for three years subject to their satisfactory performance. During his tenure as Security Manager at the hospital, the applicant No.1 raised some issues and complained about insincere attitude of the authorities of the hospital to deal with those issues. There were also counter-complaints by the authorities against him. An inquiry was ordered to be conducted by the Director of the Ministry. The inqu...
Sh. Raj Kumar Sharma Vs. Delhi Development Authority Through Its Vice- ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
Dr. A.K. Mishra, Member (A) 1. The applicant, who is working as Draftsman (Civil) Grade-II in the office of the respondents for a long time has filed this application for a direction to quash the Circular dated 31.05.2010 issued by the Dy. Director (P)-II whereby outsiders along with the departmental candidates have been asked to participate in a written test. His prayer is to quash the letter dated 26.05.2010 (Annexure A-4) whereby his representation was rejected and he was advised to apply against the advertisement. He has also prayed to set aside the letter dated 07.02.2011 (Annexure A-2) whereby his representation was rejected and he was advised to participate along with others. 2. At the time of hearing, learned counsel for the applicant submits that the applicant has been working as a Draftsman (Civil) Grade-II with the respondents for a very long time without having any promotional avenues. As per the original Recruitment Rules (RRs) (vide Resolution No. 574 dated 13.11.63), the...
V.D. Khosla Vs. Union of India, Through the Secretary, New Delhi and O ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
Dr. Ramesh Chandra Panda, Member (A): 1. Shri V.D. Khosla, applicant herein who retired on 28.2.1983 as Deputy Accountant General (AD) is aggrieved by the orders dated 13.10.2003 and 17.4.2006 available at Annexure-A1 Colly whereby his claim for updating his pension as on 01.01.1996 by taking into account the special pay and allowing one additional stagnation increment for pre-1986 retirees have been denied to him. Therefore, he has come to the Tribunal in the present OA with following prayers:- “(a) to allow the Special Pay of Rs.150/- already granted in lieu of higher pay scale to be treated as emolument for updating the pension of the applicant as on 1.1.1996; and to allow one additional stagnation increment and grant notional fixation of his pay as on 1-1-1986 duly taking into consideration the benefit of one additional increment of Rs.100/-; and to revise/update monthly pension of the applicant accordingly and to grant arrears with uptodate interest accruing on account of su...
Uoi and anr. Vs. R.C.Bajpayee and ors.
Court: Delhi
Decided on: Sep-28-2011
1. The petitioner, Union of India through the Secretary, Ministry of Agriculture and Anr., have challenged the order dated 19th July, 2006 passed by the Central Administrative Tribunal, Principal bench in O.A No.30/2005 titled as „Sh. R.C.Bajpayee and Sh. Hari Singh v. The Secretary, Ministry of Agriculture & Ors. allowing the original application of the respondent nos. 1 & 2 and directing the petitioners to grant the second financial upgradation to them, in the pay scale of Rs.10,000-15,200/- with all consequential benefits with effect from 9th August, 1999. The Tribunal held that in the existing hierarchy of Dairy Supervisor (Rs.5,000-8,000/-), Section Manager (Rs.6,500-10,500/-) and Shift Manager (Rs.10,000-15,200/-) even though the essential eligibility condition for promotion from Section Manager to Shift Manager was to have a degree in Dairying/Dairy Science/Dairy Technology from a recognized University/ Institute or equivalent and the respondent nos.1 & 2 had o...
Mala Dutta Gupta and anr. Vs. National Insurance Co. Ltd. and ors.
Court: Delhi
Decided on: Sep-28-2011
1. This appeal is directed against the judgment and award of the Motor Accidents Claims Tribunal dated 31.12.2000, whereby a sum of ` 13,89,000/- (Rupees Thirteen Lac Eighty Nine Thousand Only) was awarded to the appellants alongwith interest @ 12% per annum from the date of the petition till realisation (inclusive of the interim award). 2. Concisely, the facts are that the appellants are the widow and minor son of the deceased Shri Onkar Dutta Gupta, who met with a fatal accident on 17.07.1996, near the Chittranjan Park Chowk, with a TSR bearing No.DL 1RB 0048. The deceased was aged 36 years and was working as a Manager Executive (Selections) in M/s. Quest Consultants and Engineering Pvt. Ltd. on a salary of ` 14,700/- per month. A Claim Petition was filed by the appellants claiming compensation in the sum of ` 40 lacs for his untimely demise against the respondent No.3-driver, the respondent No.2-owner and the respondent No.1-M/s. National Insurance Co. Ltd., the insurer of the offen...
St. Stephen
Court: Delhi
Decided on: Sep-28-2011
1. The plaintiff college is a society registered under Societies Registration Act and is a constituent college of University of Delhi. The plaintiff is a leading educational institution, offering degrees to both undergraduate as well as postgraduate students. The plaintiff college came to be founded on 1st February, 1881. The plaintiff has sponsored a number of societies/clubs, including St. Stephens College Alumni Association, which has been in existence for last 50 years and is an integral part of the plaintiff society. It is alleged that St. Stephens College Alumni Association on account of their continuous extensive and uninterrupted use have come to be associated with plaintiff and is alumni association. Defendant No. 1 has been formed recently and registered under Societies Registration Act. While obtaining registration, defendant No. 3 filed an affidavit stating therein that there is no society with an identical or resembling name. This affidavit was false to the knowledge of de...
United India Insurance Co. Ltd. and ors. Vs. Radha Devi and ors.
Court: Delhi
Decided on: Sep-28-2011
1. By this common order, it is proposed to decide the aforementioned appeals, two of which are instituted by the Insurance Company and the remaining by the legal representatives of deceased persons who died in a motor accident. All the appeals seek to assail the judgment and award of the Motor Accidents Claims Tribunal, Delhi dated 29.10.2005, whereby compensation was awarded under the Motor Vehicles Act, 1988. 2. The relevant facts for the decision of all the appeals are that one Shri Surender Kumar Thakur and one Shri Sada Nand Rishi Dev were run over by a truck bearing No.PB-11-H-5033, while they were engaged in construction work at the outer Ring Road near Haiderpur red light in the night intervening 22nd and 23rd September, 2002, resulting in the demise of both the aforementioned persons. Separate Claim Petitions were filed by the legal representatives of both the deceased persons arraying the driver, the owner and the insurer of the alleged offending truck as party respondents. B...
Dftry Bhimraj Singh and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-28-2011
1. Petitioners were enrolled in CRPF to various Group-D posts such as cook, peon, farash and daftry. Persons holding these posts are popularly called 'followers' in CRPF. 2. The 6th Central Pay Commission, vide Chapter 2.2 of its report recommended that certain posts in Group-D be upgraded to Group-C and modified minimum educational qualifications to Class 10 pass and for existing employees recommended an in-house intensive training. Hithertofore applicable pay scales came to be replaced by pay bands with a grade pay when recommendations of the 6th Central Pay Commission were implemented. The lowest pay band '- 1S' carried the pay `4440-7440 with four different grade pays, being `1,300, `1,400, `1,600 and `1,650. The next above pay band i.e. 'PB-1' carried the pay `5,200-20,200 with 5 different grade pays, being `1,800, `1,900, `2,000, `2,400 and `2,800. 3. With effect from 1.1.2006 i.e. the date wherefrom recommendations of the 6th Central Pay Commission were made retrospectively appl...
Dr. Reena Ramachandran Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-28-2011
1. The Petitioner who retired as the Chairman and Managing Director („CMD) of Hindustan Organic Chemicals Limited („HOCL), Respondent No. 3 herein, seeks a mandamus to the Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers, Government of India, Respondent No. 1, and the Department of Public Enterprises („DPE), Ministry of Industry, Government of India, Respondent No. 2, to re-fix/revise the Petitioners pay during the period of her service with HOCL by protecting her last drawn pay with the Oil and Natural Gas Corporation Limited („ONGC), Respondent No. 4, including the full personal/special/incremental pay granted to her, and consequently direct the Respondents to pay the differential amount to the Petitioner along with the costs of this petition. 2. The Petitioner initially joined the ONGC and at the time of her being appointed as Director (Marketing) of HOCL, she was holding the post of General Manager („GM) in the ONGC. Sh...
Teerthanker Mahaveer Institute of Management Vs. Union of India and or ...
Court: Delhi
Decided on: Sep-28-2011
1. This order shall dispose of a batch of three writ petitions bearing W.P.(C) Nos. 5763/2011, 5917/2011 and W.P.(C) No. 4920/2011 .2. By these petitions filed under Article 226 of the Constitution of India, the petitioner institutes/medical colleges have approached this court to challenge the order of the respondent Medical Council of India/Board of Governors whereby it has rejected the grant of additional intake in the MBBS course in the petitioner institutes/colleges.3. The adumbrated facts of the three petitions are set out as under:W.P.(C) Nos. 5763/20114. The petitioner herein applied initially for intake of 150 students in MBBS course but subsequently requested the respondent to inspect the college for 100 admissions only and thus consequently the respondent granted permission for starting the medical college for 100 students and the subsequent renewals followed. It is only when the petitioner applied for permission of 150 students for the session 2011-2012, that the respondent ...
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