Delhi Court March 2014 Judgments
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Ashok Golas, Superannuated from Indian Telecommunication Service Group ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
Raj Vir Sharma, Member(J): In this Original Application, applicant has prayed for the following relief: i). Quash and set aside the following impugned mala fide BSNL order no.404-10/2011-Pers. Legal dated September 21,2012 wherein sanction of leave encashment in conjunction with LTC was denied to the Applicant on two occasions (Refer Annexure A1). Upon holding that the action of respondents in not sanctioning leave encashment of 2*10 = 20 days earned leave in conjunction with LTC on two occasions is arbitrary, illegal and without jurisdiction, direct the respondents to implement and comply with the aforesaid order of the Government of India by providing all consequential benefits to the Applicant arising thereto. Direct the Respondents to sanction and pay forthwith leave encashment of 2* 10 = 20 days earned leave in conjunction with LTC availed on two occasions for the block years 2006-09 and 2020-11 (sic). Direct the Respondents to pay penal interest thereon on the above payments that...
Mahesh Kumar Singh Vs. Defence
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
Shekhar Agarwal, Member (A). MA-931/2014 in OA-3757/2011 In this O.A. the applicant has challenged the advertisement issued by the Union Public Service Commission published in Employment News dated 8-14 January, 2011 by which the solitary post of Assistant Professor in the Department of History in the Army Cadet College has been shown to be reserved for Members of Scheduled Caste. By means of this M.A. the applicant wants to amend his O.A. to also challenge the Recruitment Rules through which this post is proposed to be filled. His contention is that the Army Cadet College which is governed by the U.G.C. standards has failed to take into account the UGC Regulations 2009 published in Gazette of India July 11, 2009. According to these Regulations there has been a change in the requisite qualifications for the post in question. The respondents without paying heed to these Regulations have gone on to notify the Recruitment Rules for the post vide SRO-13/2010 in March, 2010. Consequently, t...
Sh. P.K. Parashar, Manager (S.P.), Delhi Vs. Union of India Through Se ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
Shekhar Agarwal, Member (A)1. Following relief has been sought in this O.A.:-(a). To quash the impugned Order No. 404-39/2009/Pers-1(Legal) dated 8.2.2011 Annexure A-1 issued by respondents.(b). To direct the respondents to comply with Annexure IV of letter no. BSNL/11/SR/2003 dated 2.9.2003 Annexure A-5 issued by respondents pursuant to the Order dated 6.8.2002 passed by this Honble Tribunal in O.A.No. 298 of 2002 Annexure A-4 and provide post along with each financial up-gradation upto selection Grade JAG to the applicant.2. The applicants were appointed on different dates on different posts under the Department of Telecommunication. Gradually, they were promoted to the post of Sub-Divisional Engineers in Telecom Engineering Service. On 01.10.2000 a new Company by the name of Bharat Sanchar Nigam Limited (BSNL) was formed. On 14.01.2002 BSNL called for options from group-B officers of Department of Telecommunications for absorption in BSNL. Since this order was too cryptic and did no...
Vinod Kumar Kesri, New Delhi Vs. Union of India Through the Secretary, ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
Shekhar Agarwal, Member (A). 1. Following relief has been sought in this O.A. (i). Allow the OA and quash and set aside the impugned order dated 02.01.2012 (Ann.A-1) and order dated 06.02.2012 (Ann. A-2); and consequently Direct the respondent to consider and release the promotion to the post of Senior Auditor in Pay Band Rs.9300-34600 grade pay Rs.4200/- w.e.f. 01.01.2012 or any subsequent date when his junior counter part has been promoted to this post with all consequential arrears of pay and allowances by arranging department examination for him or exempting him therefrom on administrative account; and Pass such other or further orders or directions as deemed just proper in the facts and circumstances of the case besides the cost and expenses of the present litigation for dragging the petitioner into unnecessary litigation. 2. Facts of the case are that the applicant, who is visually handicapped person, joined the respondents as Peon on 01.07.1987. Gradually, he got promoted to the...
Ajay Kumar, Gaya (Bihar) Vs. Union of India Through the General Manage ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
Shekhar Agarwal, Member (A). Following relief has been sought in this O.A.:- (i).That the Honble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 17.4.2013 (A/1) declaring to the effect that the same is illegal and arbitrary and consequently pass an order directing the respondent to arrange to have applicant examined by duly consequently medical board in RML Hospital, New Delhi or Safdarganj Hospital or AIIMS or any other Govt. Hospital with specific reference to whether the weakness of the upper portion of the left thumb of the applicant is such as to interfere with the efficient discharge of his duties of Khallasi helper and consider the case of the applicant for his appointment in Railway as per fresh medical report with all consequential benefits. (ii). That in the case of not granting the above prayed relief (i) the Honble Tribunal may graciously be pleased to pass an order directing the respondents to consider the candidature of the applica...
B.B. Mohanty, New Delhi Vs. Union of India Through Its Secretary, New ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
G. George Paracken, Member (J). 1. In this Original Application, the Applicant has challenged the impugned Memorandum dated 21.12.2012 issued to him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. He has also sought directions to the Respondents to release all his retirement dues with interest after quashing the aforesaid Memorandum and to impose exemplary cost on them for their alleged illegal act. 2. The brief facts of the case are that the Applicant is a 1978 Indian Revenue Service Officer. He was promoted as Director General, Income Tax (Investigations) and posted at Kolkata w.e.f. 16.08.2010. While he was working in the said capacity, the Respondents issued the impugned Memorandum dated 21.12.2012 proposing to initiate disciplinary proceedings against him. The Articles of Charges framed against him, the list of documents and the list of witnesses by whom the aforesaid Article of Charges are proposed to be sustained are as under:- Artic...
Kusum Lata, New Delhi and Others Vs. Govt. of Nct of Delhi Players Bui ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Mar-31-2014
Shekhar Agarwal, Member (A). 1. This O.A. was decided by us vide our order dated 11.01.2013. Thereafter, the applicants challenged this order before the Honble High Court of Delhi. By their order dated 22.02.2013, following directions have been given by Honble High Court:- "1. Impugned order passed by the Tribunal would reveal that the real issue has been skirted by the Tribunal. The real issue would be as emerges from grounds (u), (v), (w) and (x) of the Original Application. We would simply highlight that where appointment to a post is through 2 channels having 50% representation each, the issue of rota in relation to the quota for purposes of fixation of seniority of those who enter the reservoir through the 2 streams has to be considered in view of the settled judicial parameters pertaining to application of rota:quota rule. 2. Regularization of ad-hoc service rendered by promotees has no relevance to fixation of seniority vis-a-vis direct recruits if rota:quota rule is applicable ...
Fantech Pty. Ltd. Vs. Adept Fantech India Pvt. and ors.
Court: Delhi
Decided on: Mar-31-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :31. t March, 2014 % + CS(OS) 921/2012 FANTECH PTY. LTD. versus ..... Plaintiff Through: Mr.Surinder Singh, Adv. ADEPT FANTECH INDIA PVT. & ORS. Through: None ..... Defendants CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(Oral) 1. The Plaintiff has filed the present suit for restraining infringement of trademark, passing off and for damages and delivery up against the defendants.2. Summons were issued in the suit on 18.04.2012. Defendant No.3 entered appearance on 7.12.12. Fresh summons were issued for Defendant No.1 and defendant no.3 on the next date of hearing i.e. 15.03.2013. Counsel for defendant no.2 entered appearance and sought time to file written statement. Right to file written statement with regard to defendant No.3 was closed on 10.09.2013. Costs of Rs. 20,000 were imposed on defendant no.2 and delay in filing written statement was condoned. Since defendant No.1 was unserved, fresh summons were issued t...
Sayed Mohd. Ahmad Kazmi Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-31-2014
* + % IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) No.7036/2013 Reserved on:24. h March, 2014 Date of Decision:31. t March, 2014 SAYED MOHD. AHMAD KAZMI ..... Appellant Through: Mr. Mehmood Pracha and Mr. Ajay Kalra, Advocates. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Pavan Narang and Mr. Shivam Takiar Advocates for UOI. Mr. Siddharth Aggarwal and Mr. G. Khazanchi, Advs. for respondent 2. Ms. Zubeda Begum, Standing counsel with Mr. Satyam Thareja, Adv. for State along with Insp. Haridayan and SI Vijay Kumar Special Cell, Delhi Police. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL SANJIV KHANNA, J: Sayed Mohd. Ahmad Kazmi is facing prosecution for offences punishable under Sections 307, 323, 327 and 120B of the Indian Penal Code (IPC, for short), Sections 16/18 of the Unlawful Activities (Prevention) Act, 1967 and Section 3 of Explosive Substances Act etc. arising out of FIR No.4/2012 dated 13th February, 2012. The said FIR ...
U.S. Sharma Vs. Aaren Initiative Outdoor Advertising Pvt. Ltd. and O
Court: Delhi
Decided on: Mar-31-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2014/2009 & IA No.3859/2012 & IA No.4459/2012 % Judgment dated 31.03.2014 U.S. SHARMA Through: ..... Plaintiff Ms.Suman Bagga, Adv. versus AAREN INITIATIVE OUTDOOR ADVERTISING PVT. LTD. & ORS. ..... Defendants Through: Ms.Jasmine Damkewala, Adv. for defendants No.1 and 2. Mr.Amitesh Mishra and Ms.Upasana Mukherjee, Advs. for defendant No.3. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. The plaintiff has filed the present suit under Order XXXVII of the Code of Civil Procedure for recovery of Rs.49,46,648/- along with pendente lite and future interest @24% per annum.2. The defendant No.3 has filed IA No.3859/2012 under Order XXXVII Rule 3(5) seeking leave to defend. IA No.4459/2012 under Order I Rule 10 CPC has been filed by defendant No.3 for deletion of defendant No.3 from the array of parties.3. The brief facts of the case as set out in the plaint are that the plaintiff is an advertising agency. On 15.04.2007 the ...
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