Court : Central Administrative Tribunal CAT Delhi
..... , the applicant exercised her option within the period of one year prescribed under the jipmer act, 2008 and the respondents took appropriate action thereon. ..... the following amendment was carried out: in section 28 of the jawaharlal institute of post-graduate medical education and research, puducherry act, 2008, in sub-section (1), - (a) for the words "one year", at both the places where they occur, the words "three and one-half years" shall be substituted; (b) in the proviso, for the words "provided that", ..... therefore, the option sought for under the jipmer (amendment) act, 2011 by which period of exercising of option by the employees of jipmer, puducherry was extended from one year to 3= years by amending section 28(1) of the jipmer act, 2008, would not be applicable to the applicant as she had already exercised her ..... once the applicant has exercised her option under jipmer act, 2008, withdrawal of the same would have been permissible within the last date ..... the applicant would be entitled for the benefits under the provisions of jipmer (amendment) act, 2011, we have carefully considered the objects and reasons of the amendment of jipmer act, 2008 carried out through act 10 of 2011. ..... jipmer having been declared as an institution of national importance by the jipmer act, 2008 and having been in force w.e.f. ..... by an act of parliament the jipmer, puducherry, act, 2008 came into force with effect from 14.07.2008 and jipmer was constituted as a body corporate as an institution of national .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... , the applicant exercised her option within the period of one year prescribed under the jipmer act, 2008 and the respondents took appropriate action thereon. ..... the following amendment was carried out: in section 28 of the jawaharlal institute of post-graduate medical education and research, puducherry act, 2008, in sub-section (1), - (a) for the words "one year", at both the places where they occur, the words "three and one-half years" shall be substituted; (b) in the proviso, for the words "provided that", ..... therefore, the option sought for under the jipmer (amendment) act, 2011 by which period of exercising of option by the employees of jipmer, puducherry was extended from one year to 3= years by amending section 28(1) of the jipmer act, 2008, would not be applicable to the applicant as she had already exercised her ..... once the applicant has exercised her option under jipmer act, 2008, withdrawal of the same would have been permissible within the last date ..... the applicant would be entitled for the benefits under the provisions of jipmer (amendment) act, 2011, we have carefully considered the objects and reasons of the amendment of jipmer act, 2008 carried out through act 10 of 2011. ..... jipmer having been declared as an institution of national importance by the jipmer act, 2008 and having been in force w.e.f. ..... by an act of parliament the jipmer, puducherry, act, 2008 came into force with effect from 14.07.2008 and jipmer was constituted as a body corporate as an institution of national .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... with a view to appreciate the contention of the learned counsel, it would be appropriate to re-produce section 24 of the administrative tribunals act, 1985, which reads as follows: notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless- copies of such application and of ..... be pleased to call for the records of the case from the respondent and after examining the same, quash and set aside the impugned suspension order dated 25th february, 2008 with all consequential benefits; (b) this hon'ble tribunal may further be pleased to direct the respondent no. ..... state of punjab was not given any opportunity to advance any arguments on the observation made or on the legality of the impugned suspension order dated 25.2.2008 as the bench observed that state of punjab is nobody to pass this order after respondent no. ..... fact, when present application came up for hearing after notice before this tribunal on 07.05.2008, by way of ad-interim order, it was ordered that mumbai bench may not pronounce ..... 692/ch/2007 has already been allowed, vide order dated 03.04.2008 wherein it has been categorically held that the respondent stands repatriated to government of maharashtra on 27.04.2007 itself.in yet another litigation respondent had filed a writ petition before the punjab & haryana .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... as regards, salary to be paid to the former registrar shri v.p.gupta is concerned, now the issue is no more res integra in view of the decision of the high court in lpa dated 16.5.2008, whereby the order of the learned single bench has been set aside and the locus standi of petitioner was ordered to be examined on remand. ..... payment to the institute is to be made under appropriation made by the parliament by law in this behalf under section 15 of the rules.section 18 of the act, provides for accounts and audit and section 19 for an annual report, with the following provisions: (1) the institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including ..... it is with a view to cripple litigation, which has been ultimately by a decision in lpa on 16.5.2008 has been decided in favour of the institute. ..... an order referred to in the repatriation order dated 4.3.2008 issued by the government of india, ministry of health and family welfare shows approval of the health minister and president, aiims for immediate repatriation of applicant to her parent department.20. ..... a legal opinion sought by the director on 1.1.2008 reiterates the conclusion of applicant that unless a formal claim is made by dr.venugopal, there is no question of payment of compensation. ..... in the above background unceremonious pre-mature repatriation of applicant vide order dated 4.3.2008 is the sum and substance of challenge. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... in this background, the ugc sent a show cause notice dated 21.08.2008 to the registrar iase directing him to explain as to why appropriate action should not be taken to the effect of recommending withdrawal of deemed to be university status of iase to the ministry of ..... it was inter alia observed that the iase deemed to be university was running b.ed, m.ed and phd in education at the time of notification of the same deemed to be university status under section 3 of the ugc act, 1956 and the ugc never granted any approval to start any new professional courses. ..... mandatory requirements have been violated in terms of the provisions of one act, an authority under another act could not have validated the same and that too with a retrospective effect ..... versus secretary to government information and tourism department and others [jt 2009-4-sc-43] honble supreme court held that ugc act having been enacted by the parliament in terms of entry 66 of list i of the schedule of the constitution would prevail over the open university act and the dec being an authority under the act, its orders ordinarily would have a prospective effect. ..... iase is deemed to be university and was granted the said status under the ugc act for imparting education for award of degrees in b.ed, m.ed and phd in education. ..... contended that the technical education and the degree for the same to be awarded by any institute deemed to be university under the ugc act is required to follow the standards laid down by the aicte. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... fact and circumstances explained in the foregoing paras, the applicant most respectfully prays that this honble tribunal may graciously be pleased to:- (i) set aside the impugned orders dated 5.9.2008 annexure a-i and dated 14.9.2008 annexure a-2 and direct the respondents to refund to the applicant rs.46,570/- with interest thereon @12% per annum upto the date of payment; (ii) set aside order dated 11.2. ..... while dismissing the contempt petition, it had also been clarified that the petitioner/applicant shall be entitled to take appropriate remedy against the order passed by the respondents for treating the period of leave as dies non - and fixing ..... india and others, special leave to appeal (civil) no.7956/2011, decided on 7.3.2011, whereby the apex court after noticing the provisions of section 21 of the administrative tribunals act, 1985 has made the following observations: a reading of the plain language of the above reproduced section makes it clear that the tribunal cannot admit an application unless the same ..... the high court while dismissing the contempt case has given liberty to the applicant to take appropriate remedy in accordance with law regarding the order passed by the respondents. ..... the respondents have passed the appropriate orders holding that the long ..... he has not challenged the validity of the impugned orders dated 5.9.2008 (annexure a-1) and 14.11.2008 (annexure a-2) within the period of limitation prescribed under section 21 of the administrative tribunals act, 1985. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... there is no explanation forthcoming from the respondents as to why they have to communicate all those imputations together in one show cause notice issued on 25.09.2009 and why they did not act at the appropriate time. ..... consequently, the respondents shall restore the withheld increment of the applicant forthwith and pass appropriate orders within a period of two months. ..... he filed his reply to the said memorandum on 08.01.2008 stating that he has done the same as part of his duties as he was merely correcting the mistakes in totaling of the marks. ..... the first, second and the third imputations are based on the incidents allegedly to have occurred on 23.09.2004, 27.02.2006 and 04.01.2008 respectively. ..... ( air 1988 sc 686) held that natural justice has various facets and acting fairly is one of them. 14. ..... again, on 04.01.2008, the respondent no. ..... they cannot act under the dictation of the central vigilance commission or of the central government. ..... prem chand is a problem creating teacher and made frequent complaints making this or that reasons and this kind of act of sh. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... without going into the detailed submissions made by both sides and the merits of the case, we consider it appropriate to dispose of the matter by asking respondent no. ..... it is stated that the applicant is aggrieved that although orders have been passed on the appeal on 20.06.2008 by the director postal services (annexure a/2) and decision taken that the period from 01.01.2003 to 03.10.2004 be treated as duty, no orders have been passed with regard to the earlier periods of suspension/deemed suspension. ..... 2, the appellate authority who has passed orders dated 20.06.2008, to consider the appeal preferred by the applicant on 02.04.2007 with regard to the period of suspension/deemed suspension from 28.07.1985 to 02.09.1985 and 18.11.1997 to 31.12.002 against the orders dated 15.02.2007 of the senior superintendent, air mail ..... the respondents by their counter reply have opposed the applicants claim by mainly contending that it was not as if the court had exonerated the applicant as he was in fact found guilty u/s 27 of the arms act and his conviction there under was confirmed. ..... the applicants conviction u/s 27 of the arms act was confirmed but the period of sentence was modified to that already under gone. ..... the learned counsel for the respondents has justified the action taken by the authorities mainly on the ground that the conviction of the applicant under the arms act was confirmed. 10. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... case, at this stage, we direct the president, indian council of agricultural research (icar), first respondent herein, to deal with the representation of the applicant dated 29.07.2008 (annexure a-4) and pass orders thereon as expeditiously as possible and preferably within a period of six weeks from the date of receipt of certified copy of this order. ..... we could consider the applicants case, it would be appropriate for us to refer to the order passed by the ..... sharma, the applicant herein, is seeking intervention of the tribunal to quash and set aside the order dated 11.07.2008 (annexure-a228) whereby the indian council of agricultural research (icar) in exercise of powers conferred by rule 48 of the ccs (pension) rules, 1972, have compulsorily and prematurely retired ..... application filed by him under section 19 of the administrative tribunals act, 1985 challenges order dated 11.07.2008 (annexure a-1), vide which he has been prematurely retired. ..... assailing those orders, the applicant is before the tribunal under section 19 of the tribunals act, 1985, with the following relief (s):- 8.1 that the impugned order dt. ..... applicant has indeed made a representation dated 29.07.2008 (annexure a-4) and this tribunal is given to understand that no orders thereon ..... 11.07.2008 of premature retirement of the applicant (annexure a-228) issued by the o.ps may kindly be quashed and set aside; 8.2 that the impugned order of rejecting the representation alleged to be of dt.25.8.2009 (annexure a-236 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... be perennially required and hence according to shri hati, a contract between the principal employer and the computer firm for supplying such services would have to be questioned and the appropriate government may be moved for the abolition of this contract labour so that these persons shall be employed directly. ..... prohibition of employment of contract labour under section 10(1) can only come after the appropriate government is satisfied that all the relevant four factors in section 10(2), from (a) ..... of the contract labour act is worded as under :- "the central government after consultation with the central advisory contract labour board, hereby prohibits employment of contract labour on and from the 1st march, 1997, for sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the appropriate government under the said act is the central government. ..... 's case is given acceptance, it would be an open field for the principal employer to freely flout the provisions of the act and engage workmen in defiance of the act and adopt theprinciple of hire and fire making it possible to exploit the appalling conditions in which the workmen are placed. ..... central government is not the appropriate government does not seem to me to be wholly acceptable in view of the supreme court decision in air india statutory corporation's case (supra) wherein it is held as under : "the appropriate government is the central government from the inception of the act. .....
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