Judgment Search Results Home > Cases Phrase: all india services act 1951 Court: central administrative tribunal cat chandigarh Page 3 of about 134 results (0.182 seconds)

Mandeep Kumar Vs. Union of India Through Its Secretary Ministry of Pos ...

Court : Central Administrative Tribunal CAT Chandigarh

..... bpm (gds) forthwith and further direct the respondents to consider his case for regularization of his services on the said post after completion of 3 years of service as per the dg posts letter dated 21.10.2002 and also direct the respondents to pay him all the consequential monetary and service benefits from the due date more particularly with effect from the date of his disengagement till the date ..... he has been working for more than 8 years on the regular post of bpm (gds) and his services were required to be regularized after completion of 3 years of continuous employment as a provisional arrangement, yet the respondents have illegally dispensed with his services on 30.11.2009 without issuance of any show cause notice, which is against the said instructions issued by the ..... stated that under these circumstances, a purely temporary stop-gap arrangement continued with breaks in service from 2002 to 2004 and the applicant had also submitted his resignation on 17.10.2002 and ..... then it should be ensured that- (a) no substitute will be allowed to take over charge unless the competent leave-sanctioning/appointing authority is fully satisfied that the substitute possesses all the qualifications prescribed for that appointment and has been provided under the risk and responsibility of the regular incumbent. ..... respect has been conclusively laid down by the honble supreme court of india in the case of uma devi (supra) in which it has been ..... of the industrial disputes act, 1947 before the ld. .....

Mrs. Devanti Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

..... 11, which provides that casual labour shall be eligible to count half the period of service rendered by them after attaining temporary status before regular absorption as qualifying service for the purpose of pensionary benefits. ..... this case, the casual worker had rendered 25 years of service but had missed confirmation due to govt. ..... the cause of action is recurring and the action of the respondents is in clear violation of the principles of natural justice, as well as in infringement of legal rights of the applicant under article 300-a of the constitution of india, apart from being in flagrant violation of articles 14 and 21 thereof. ..... she claims that as per central civil service rules, on death of her husband she became entitled for the grant of pensionary benefits i.e ..... the respondents had failed to regularise his services in due time and he had died ..... the said person had rendered service as a casual labour for a long period after acquisition of temporary status like shri ram parsad in the present ..... if the railways, which are expected to be model employers, do not act according to rules, no blame can be put on a poor casual labourer ..... applicant has sought a direction to the respondents to release her all the arrears on account of ex-gratia benefits, claimed to be entitled for under law.3 ..... that pension is no longer a compensation for loyal service but is a matter of right. ..... this date of regularisation, his widow is found entitled to all the terminal benefits under the relevant rules w.e.f. .....

S.L. Kukreja Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2004)(1)SLJ333CAT

..... as below: (i) the impugned order dated 24.7.2001, annexure a-1, is hereby quashed and set aside and respondents are directed to deal with the payment of the retiral benefits of the applicant as if no punishment order was passed; (ii) all the retiral and pensionary benefits including the payment of death-cum-retirement gratuity (dcrg) and commutation value of pension shall be released with interest @ 9% per annum to be reckoned from 1st of january, 2001 till the ..... article 320 of the constitution provides that upsc or the state public service commission, as the case may be, shall be consulted on all disciplinary matters affecting a person serving under the government of india or the government of a state in a civil capacity, including memorials or petitions relating to such ..... it was on 24th of july, 2001, that the order of punishment, annexure a-1 was passed in the name of the president of india whereby the president in exercise of his powers under rule 9 of the central civil services (pension) rules, 1972, (hereinafter referred to as "pension rules of 1972"), imposed a penalty of 10% cut in the pension of the applicant for a period of ..... it is this order which has been challenged by the applicant, by means of this original application under section 19 of the administrative tribunals act, 1985, with a prayer that the order of punishment, annexure a-1, be quashed and theretiral benefits, which otherwise are payable to the applicant, be directed to be released with interest at 18% per .....

Rajinder Kumar Sharma Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2005)(1)SLJ230CAT

..... even if he is not able to discharge the same duties and there is no other work suitable for him, he is to be retained on the same pay scale and service benefits so that he keeps on earning his livelihood and is not rendered jobless".the above decision was followed by the delhi high court in the case of delhi transport corporation ..... non-discrimination in government employment- (1) no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service; provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits; provided further that, it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or ..... the mailer was examined by the assistant comptroller and auditor general of india, new delhi with reference to the various medical reports and the provisions of the disabilities protection act, 1995 and it was opined that the provisions of clause (j) of fr 56 can be invoked to retire the applicant in public interest and that the second proviso to section 47 of the disabilities protection act is not applicable to him as he seems to be inflicted of the disability to the extent where he could not be ..... applicant shall be treated to be in service throughout unmindful of the order of his premature retirement (annexure a-1), with all consequential benefits. .....

Aneetinder Kaur and Others Vs. Union of India Through Secretary, Depar ...

Court : Central Administrative Tribunal CAT Chandigarh

..... i find that the point of law involved in this case is on all fours with the one involved in the case of rupinderjit kaur (supra). ..... so long as the appellant is in service, a fresh cause of action arises every month when he is paid his monthly salary on the basis of a wrong computation made contrary to rules. ..... union of india and others, decided on 12.11.2012, allowing the claim in favour of the applicant therein. ..... union of india and ors. ..... it is a recurring cause of action and as such is held to be within the period of limitation in view of law laid down by honble supreme court of india in m.r. ..... first of all, it would be appropriate to consider the objection of respondents regarding limitation period. ..... act, 1985. 7. .....

Sunil Beri Vs. Union of India Through Secretary Ministry of Home Affai ...

Court : Central Administrative Tribunal CAT Chandigarh

..... filed this oa praying for the following relief:- the impugned orders dated 7.10.2008 (a-16) as also the order dated 6.3.2009 (a-18), imposing the penalty of dismissal from service and dismissing the appeal preferred by the applicant, may kindly be set aside. 2. ..... the appeal, revision and other remedies are over, would not be advisable since it would mean continuing in service a person who has been convicted of a serious offence by a criminal court. ..... served on him proposing to hold an inquiry under rule 8 of the punjab civil services (punishment and appeal) rules, 1970, as made applicable to employees of u.t. ..... the government servant-accused is acquitted on appeal or other proceeding, the order can always be revised and if the government servant is reinstated, he will be entitled to all the benefits to which he would have been entitled to had he continued in service. ..... these are either distinguishable on facts or are superseded by the orders of the honble supreme court of india as quoted above and as mentioned in the reply of the respondents and are of no use to the applicant in view of the pronouncements of the honble supreme court of india on the same subject to the contrary. 9. ..... have filed their reply wherein they have stated that the applicant has been convicted under the provisions of the prevention of corruption act, 1988 vide order dated 11.8.2008 passed by ld. ..... 2007 u/s 7 and 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 was registered against him. .....

Mrs. Amrita and Others Vs. Union of India, Ministry of Communications ...

Court : Central Administrative Tribunal CAT Chandigarh

..... act 13 of 1985 was enacted to provide for adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation or society owned or controlled by the government in pursuance of article 323-a of the constitution and for matters connected therewith or incidental thereto. ..... (2) for the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,- (a) if a final order has been made by government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection ..... (2) for the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,- (a) if a final order has been made by the government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in .....

Jagpal Singh, Chandigarh Vs. Union of India, Through Its Secretary to ...

Court : Central Administrative Tribunal CAT Chandigarh

..... to direct respondent no.2, to consider and decide the claim of the applicant for regularization of his services and grant of temporary status along with all consequential benefits as claimed by him in his representation dated 27.12.2012 (annexure a-9) in view of the policy dated 10.09.1993 (annexure a-10) and instructions issued by the govt. ..... when the matter came up for hearing, it was observed that the applicant had filed representation dated 27.12.2012 (annexure a-9) for regularization of his services as per the govt. ..... of india from time to time by passing a speaking order in accordance with law and to grant him the necessary benefits claimed by him in the said representation along with interest, in case he is found eligible, in view of the aforesaid policy and instructions, on the subject of regularization of daily / casual workers and to grant the salary as per minimum wages act along with benefit of da. ii). ..... this original application has been filed under section 19 of the administrative tribunals act, 1985, seeking the following relief:- 8 (i). ..... to direct respondent no.2 to grant at least temporary status in favour of the applicant in view of the policy dated 10.09.1993 along with all consequential benefits. .....

Amarjit Singh Kaleka Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

..... their letter dated 12.6.1992 forwarded their observations on the recommendations of the selection committee, inter alia, stating that after having carefully gone through the service records of different officers considered by the selection committee, while they agreed on ignoring of certain officers correctly, observed that while comparing sh. a.k ..... the order of merit as prepared by the selection committee constituted under the indian administrative service (appointment by promotion) regulations, 1956, without authority/jurisdiction and ignoring the claim of the ..... bad for non-joinder of necessary parties as the other non-state civil service officer, likely to be affected, have not been impleaded as respondents by the ..... in order to consider the point of limitation, reference has to be made to provisions of sections 20 and 21 of the administrative tribunals act, with reference to the point when cause of action to a particular applicant arises, the law has been settled by the hon'ble supreme court in ..... the applicant availed of ex-india long leave from 2.8.1993 to 31.7.1998 to serve ailing mother and to attend children studying in usa, belating any ..... is all the more same and it is pleaded on behalf of the said respondents that they act upon the ..... on behalf of union of india, the state govt. ..... the respondents.the stand taken on behalf of union of india and u.p.s.c. ..... behalf of union of india (respondent no. ..... of india in accordance with regulation 3(4) ..... of india, ministry of personnel, public .....

Manish Mathur and Others Vs. Union of India Through General Manager an ...

Court : Central Administrative Tribunal CAT Chandigarh

..... of the applicants that the engagement of substitutes is not restricted to local level only is further substantiated from order dated 15.5.2008 showing engagement of 33 course completed act apprentices of carriage workshop, ajmer, under the west central railway, kota and list of staff appointed in rcf, kapurthala from western railway/north western railway, as annexure ..... only to 93rd batch and left out candidates of earlier than 93rd batch of all india trade test in technical training centre, rcf, kapurthala. ..... seniority is to be maintained institute-wise, it is self-evident that the selection of substitutes to be appointed at a particular unit, would take place from amongst the course completed act apprentices of that unit, and those from other units could not have equal claim in the matter, if candidates from the unit selecting such substitutes were to be available for consideration/ ..... the applicants have challenged the employment notice dated 13.6.2013 (annexure a-1) for engagement as a substitute to the extent the eligibility criteria has been restricted only to the course completed act apprentices who passed ncvt test in various trades from technical training school, rail coach factory, kapurthala and have also challenged rb no. ..... if the service rule be silent on this aspect, relaxation to the extent of the period for which the apprentice had ..... the way of the trainee, the same would be relaxed in accordance with what is stated in this regard, if any, in the concerned service rule. .....