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Jarnail Singh and Others Vs. Sports Authority of India, Jawahar Lal Ne ...

Court : Central Administrative Tribunal CAT Chandigarh

..... . 1-temporary status i) temporary status would be conferred on all casual labourers who are in employment on the date of issue of this order and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 day week ..... . they have submitted that on the basis of the judgment of the honble supreme court of india, in mohan pals case cited as 2002 (2) sct 1053, respondent no.1 has issued a scheme dated 10.09.1993 (annexure a-5) whereby certain benefits were given to the employees who were not being regularized under the scheme ..... 01.01.2006 as has been given to the similarly situated persons working in the sports authority of india which clearly envisages that they have adopted the revised pay scales in terms of govt ..... the applicants have also reiterated that the executive director, nsnis, patiala was empowered to make appointments upto the grade of rs.7000/- and he has also acted as the disciplinary authority for the employees receiving their pay upto this amount ..... . union of india cited as (1988) 1 scc-122, a scheme was formulated for appointment of such workers who had been kept in service for a long time against available vacancies for grant of temporary status to them, to be accommodated later on against future ..... . 01.01.2006, since sports authority of india is a society registered under the societies registration act, 1860, but it follows the pay pattern of the central .....

Lalit Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2006)(3)SLJ12CAT

..... the corporation; provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the administrator; provided further that the corporation may employ any such officer or employee ..... officer or other employee of the corporation with such designation as the corporation may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by ..... all the employees were given one month's time from issuance of these notifications to join the mcc as its permanent employees, it was also categorically mentioned in the said notifications that if after exercise of option by the employees, it is found that more employees remain with the chandigarh administration than posts available in the relevant cadres, they would be rendered surplus and shall be liable to be (a) retrenched from service in case provisions of industrial disputes act ..... india ..... india ..... of india (mha) vide letter dated 24.01.03 as well as decision taken in their meeting dated 3.5.04 (a/2), wherein, it was specifically provided to seek option only from those .....

Avtar Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2004)(1)SLJ242CAT

..... the short common question which arises for consideration and determination in all these 25 original applications is whether the order by which the respondent income-tax department has terminated the services of each one of the applicants on the ground that they, secured appointment on the basis of forged nomination letters purported to have been issued by the staff selection commission, (for short commission) is liable to be interfered with and ..... the gist of this decision is that a part to a fraud cannot seek to reap the fruits and advantage of fraudulent act and in the circumstances it is immaterial as who has committed the fraud.since the appointment having been vitiated by fraud is void ab initio, it is no appointment in the eye of law. ..... this tribunal found that in view of the decision of the apex court in the case of union of india and anr. v. ..... union of india and ors. ..... union of india and ors., j.t ..... union of india and ors. ..... union of india and ors. ..... union of india and ors. ..... 154; union of india v. m. ..... justice, he cannot be rehabilitated or permitted to function and perform duties of such office, which is permitted would not only defeat the ends of justice, but would negate the rule of law prevalent and established in a democratic polity as in india.13. mr. ..... rule 19(ii) of the cca rules as the order does not contain reasons in writing, it would not be appropriate for this court to interfere with the impugned order in exercise of its jurisdiction under article 136 of the constitution of india. .....

Kesar Singh, Chandgiarh Vs. Union Territory, Chandigarh Through Its Se ...

Court : Central Administrative Tribunal CAT Chandigarh

..... written statement was filed on behalf of respondents no.1 to 3, wherein it has been stated that the service record of the 04 instructors as per their seniority was seen by the departmental promotion committee and the necessary findings were as under:- seniority number name and designation whether fulfills ..... the promotion orders issued by director, technical education dated 13.08.2012 (annexure a-1) but had instead filed another oa no.1285/ch/2012 wherein the applicant had challenged the applicability of the government of india circular dated 29.09.2010, to restrain the respondents from enforcing the govt. ..... anuka, instructor yes eligible while going through the service record of above instructor, it was observed by the department promotional committee, although the selection by promotion is to be made in accordance with the existing notified recruitment rules, but it was also noted ..... a-4) and 75% of the posts of group instructors are to be filled by way of promotion from amongst instructors having been ten years service in the grade rendered after appointment as such on regular basis. ..... the applicant had put in more than 25 years of service and was thus eligible for promotion as group instructor as per column 12 of the rules, but he was ignored for promotion and persons junior to him had been considered for ..... was so promoted, with all consequential promotion / service benefits." 2. ..... filed under section 19 of the administrative tribunals act, 1985, seeking the following relief:- "8 (ii) .....

Gurnam Singh Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

..... 22/6(ii)-66-sr(s) dated 24.10.66, persons who immediately before the appointed day were serving in connection with the affairs of the state of punjab in territories specified in section 4 of the act were deemed to serve provisionally from the appointed day in connection with the affairs of the union territory of chandigarh.since the applicant was serving as such before the appointed day i.e.1.11.66, he alongwith his ..... "in exercise of the powers conferred by sub-section (1) of section 82 of the punjab re-organisation act, 1966, the central government hereby requires all persons who immediately before the appointed day are serving in connection with the affairs of the state of punjab in territories specified in section 4 of the said act to serve provisionally from the appointed day in connection with the affairs of the union territory of ..... absence of a specific original order as to how the applicant had been transferred from punjab and when the respondents have not shown any record proving the aforesaid entries in the service book as erroneously made, we have to believe that the applicant had been transferred to the union territory of chandigarh prior to re-organisation alongwith his post, and that his services had not been made available to the ut administration on deputation. ..... of india and ..... of india and ..... of india have not taken a decision for absorption of the applicant in the ut administration, the impugned order annexure a-1 withdrawing the applicant from deputation cannot be .....

Badri and ors. Vs. Union Territory and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2004)(1)SLJ204CAT

..... absence of sanctioned posts is wholly untenable.in the matters of the applicants before us, there does not appear to be any financial implication if the posts are created to regularise their services for one simple reason that each one of the applicants is being paid the salary at the minimum of the pay scale as is admissible to their counter-parts. ..... order passed by the apex court could not have been that a substantial number of the employees working for the last 2-3 decades would not be regularised in service.in the context of these facts, it is peculiar on the part of the respondents to urge that the applicants cannot be regularised unless the vacancy/ vacancies is/ ..... the question of regularisation of daily wage workers working on the class-iv posts for more than 10 years in the appellant--university.usual pleas not to regularise the services of the employees that there were serious financial constraints to create equivalent posts for the absorption of daily wage workers, were taken. ..... the payment to all the candidates whose services are regularised/continuing on daily-wage/ casual labour shall be calculated from one year prior to the date of filing of ..... hon'ble supreme court in the aforesaid case was whether the appellants--union of india & others--could be permitted to proceed in the light of the scheme framed ..... labour, who could not complete 240 days but were required to be retrenched, the procedure prescribed for retrenchment under the industrial disputes act should be followed. .....

Gurmeet Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2007)(1)SLJ288CAT

..... an enquiry with regard to the genuineness or otherwise of the nomination letters produced by the applicants, purporting to have been issued by the commission, based on which these applicants were appointed after issuing notices to all the applicants requiring them to submit, inter alia, the information, which we are reproducing below; (i) whether they had applied for recruitment/selection/appointment to the post of ldc/udc/stenographer gr.d/inspector pursuant to the ..... we need not reproduce all the details as the facts and the questions of law which are common are that their services were terminated on the ground that either they had never appeared in the examination held by staff selection commission or if some of them had appeared, none of these applicants had ever qualified the said ..... can be terminated by a simple order and such order would be valid as the contract formed by fraud is no contract and cannot confer a status.a party to fraud cannot seek to reap the fruits and advantages of fraudulent act and in the circumstances it is immaterial as to who has committed the fraud. ..... in this case that by mere passage of time, fraudulent practice would not get any sanctity and if a lenient view is taken it would amount to putting premium on dishonesty and sharp practices.bank of india and anr. v. ..... union of india , it has been held that in case of urgency/public importance, it may be necessary for the authority to make immediate ..... india ..... union of india and ..... india ..... india and ..... of india .....

Ramesh Gill Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2008)(1)SLJ42CAT

..... for applicant submitted that, proviso to sub-section (6) of section 82 of the 1966 act and the notification dated 13.1.1992 ibid are in the nature of a fetter on the power of the governor under the proviso to article 309 of the constitution to alter the conditions of service applicable to all persons serving in connection with the affairs of the state. ..... provision of notification dated 13.1.1992, issued by the president of india have laid down that conditions of service of employees shall be the same as existing instate of punjab holding ..... for the applicants, in support of his argument, has straight away pressed into service decision of the hon'ble supreme court of india in the case of t.r. ..... central government through president of india as defined in section (3) of the general clauses act, in some situations with reference to the sections 87, 89 and 82 of the punjab re-organization act, can make laws/rules in exercise of its powers under ..... basandhi 2004 (2) slj 17 (sc) : 2004 (1) sct 680, the apex court has held that by notification dated 13.1.1992 issued by president of india, not only conditions of service of employees serving in state of punjab stand extended to employees of u.t. ..... submitted that annexure a-1, notification dated 17.7.2001, has been issued by the administrator, union territory, chandigarh in exercise of the powers conferred by the proviso to article 309 of the constitution read with the government of india, ministry of home affairs, notification bearing g.s.r. no. .....

Rajinder Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

..... employees it is found that more employees remain with chandigarh administration than posts available in the relevant cadres, they will be rendered surplus and shall be liable to (a) retrenched from service in case provisions of industrial disputes act or other industrial laws are applicable to those categories; or (b) that they are likely to lose their jobs due to the fact that the posts on which they were working ..... so appointed a right to hold the post until, under the rules, he attains the age of superannuation or is compulsorily retired after having put in prescribed number of years of service or the post is abolished, it was further held that the service cannot be terminated except by way of punishment for misconduct, negligence, inefficiency or any other disqualification found against him on proper inquiry after due notice. ..... posts or officials are transferred to some other institution, under the norms laid down by government of india, persons who are rendered surplus are to be adjusted and in the present case to be transferred ..... corporation to chandigarh administration, their inter se seniority under these two organizations vis-a-vis their earlier colleagues shall not be altered and they shall all be assigned their seniority position as per their earlier position before their transfer or not being transferred to municipal corporation.19. ..... termination of service of a permanent railway servant as provided under rule 148 and 149 of railway establishment code, 1951 volume i, .....

Prince Sharma Chandigarh Vs. Comptroller and Auditor General of India, ...

Court : Central Administrative Tribunal CAT Chandigarh

..... learned counsel stated that even though the applicant was working as mts through out sourcing by a service provider for all intents and purposes, he was serving the respondent department and had even participated in departmental sporting events as a representative of the department. ..... ) in the respondent organization and had been working as such continuously from april, 2009, onwards on contractual basis through service provider and his name stands registered with the regional employment exchange. ..... with a view of elicit the answer, the court is required to consider several factors which would have a bearing on the result: (a) who is appointing authority; (b) who is the pay master; (c) who can dismiss; (d) how long alternative service lasts; (e) the extent of control and supervision; (f) the nature of the job, e.g.. ..... reported 2011 lic 1354, wherein it has been held as under:- constitution of india, article 16 assistant commissioner of drugs selection short-listing of candidates by applying preferential criteria post graduation or degree in law the preferential criteria mentioned in relevant rules had been adopted albeit with alteration that degree of law ..... this original application has been filed under section 19 of the administrative tribunals act, 1985 seeking the following relief:- 8(a). ..... whether a contract is a sham or camouflage is not a question of law which can be arrived at having regard to the provisions of contract labour (regulation and abolition) act, 1970. .....