Court : Central Administrative Tribunal CAT Ernakulam
..... has, therefore, sought the leave of this court to withdraw the oa with permission to file appropriate applications in accordance with the prescribed procedure as contained in administrative tribunals act, 1985 read with central administrative tribunal (procedure) rules, 1987. 6. ..... they have also filed annexure r-2(c) order of the appellate authority dated 24.12.2008 modifying the order of the disciplinary authority to the extent of withholding one increment becoming due after issue of penalty order dated 11.10.2007 for two years without cumulative ..... view of the above position, the counsel for the applicant submitted that he would like to challenge the disciplinary authority's order dated 11.10.2007 and the appellate authority's order dated 24.12.2008 filed by the respondents along with their reply. ..... annexure a-8 which is a show-cause notice dated 21.2.2008 issued to the applicant under proviso to rule 17(1) of fr for resorting to strike by absenting from work on 30.10. ..... annexure a-11 is a memorandum dated 17.6.2008 issued by the respondents intimating the applicant that minor penalty of reduction to a lower stage by one stage for 3 years without cumulative effect with effect from 1.11.2007 has been imposed on him and, therefore, he ..... annexure a-9 is an order dated 4.4.2008 passed by the respondents treating the alleged unauthorised absence from duty on 30.10.2007 as "dies-non" as contemplated in proviso to rule 17(1) of fr, which will not count for any service benefits including .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
hon'ble mr. george paracken, judicial member the applicant has filed this oa under section 19 of the administrative tribunals act 1985, for a direction to 2nd respondent to consider and pass an appropriate order on his annexure a 3 representation 27.8.2008 which is pending for more than one year. the applicant is working as processing-cum-quality assurance supervisor in integrated fisheries project, kochi. he undertook higher studies in ph.d course after taking earned leave for 300 days. thereafter, vide annexure a-1 representation dated 7.4.2008, he requested the 3rd respondent to convert the earned leave as study leave or as period spent on duty but the said respondent vide annexure a-2 order dated 9.6.2008, rejected the same. in the above circumstances, he preferred the annexure a-3 representation dated 27.8.2008 to the 2nd respondent and the same is still pending. advocate mr. thomas mathew nellimoottil has appeared on behalf of respondents. he also has no objection if a direction is given to the 2nd respondent to dispose of the aforesaid representation in a time bound manner. we, therefore direct the 2nd respondent to dispose of the annexure a-3 representation with a reasoned and speaking order within a period of two months from the date of receipt of copy of this order. there shall be no orders as to costs.
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... as the salem division is having number of vacancies it would have been appropriate if the respondents acted upon the request of the applicant to cancel his registration for transfer to various stations in the palaghat division and allow him to remain in the salem division maintaining his seniority. ..... the employees including the applicant were notified vide annexure r-1 letter dated 15/17.7.2008 to express their unwillingness or otherwise to continue their request for transfer to the palaghat division. ..... the applicant had made many representations subsequent to his letter on 24.1.2008 reiterating that he had cancelled his registration to various stations in the palaghat division. ..... after the formation of the salem division and closure of cadre with effect from 30.6.2008 there is no provision to consider his application to cancel his lien at palaghat. ..... he had already cancelled his registration for transfer to palaghat division as early as on 24.1.2008 well in time and before the closure of the cadre. ..... the submission of the respondents that the applicant has not represented about his cancellation of the registration before 31.5.2008 is not correct as he had applied on 24.1.2008 and followed it by a number of representations. 13. ..... therefore, it was decided that he might be provided lien before the cadre closure on 31.5.2008 in the division to which he was seeking transfer. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... 663 of 2008 praying for appropriate orders in this regard and the tribunal directed the 2nd respondent to consider the representation and ordered to upgrade the pay scale of foreman and section holder/p.p. ..... thus for purpose of comparison, appropriately, other photo litho presses in the government of india should be compared. ..... as such it is only appropriate that the pay scale of overseers is brought at par with technical supervisors in the other government of india presses. 7. ..... the 2nd respondent has acted upon the om and revised the pay scale of printing staff of different categories working under the government of india presses including top most technical supervisors, whereas, the om was not made applicable to the lgp .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the decision not to fill up the vacancies has to be taken bonafide for appropriate reasons and if any vacancy is to be filled up the state is bound to respect the selection of the candidate and no discrimination can be permitted. 21. ..... more than the fact that the answer 'not relevant' can be challenged in appeal under the rti act, it highlights the vagueness and irrelevancy of the satisfaction of the utl administration that the applicant has to fulfill. 19. ..... the decision not to fill up the vacancies has to be taken bonafide for appropriate reasons. ..... supplied) a successful candidate does not acquire an indefeasible right to be appointed against a vacancy but as made clear in the decision of the hon'ble supreme court it does not mean that the state has the licence of acting in an arbitrary manner. ..... however, it does not mean that the state has the licence of acting in an arbitrary manner. ..... the other aspect is the obligation of the government to act fairly. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... from the central government, indicating the circumstances under which the exercise could not be undertaken, the aggrieved party may well approach a court and a court in its turn would be well within its jurisdiction to issue appropriate directions, depending upon the circumstances of the case ..... ) regulations 1955 for the heading kerala and enhancing the senior duty posts to 116 and the total authorised strength to 214.in exercise of the powers conferred by sub section (1) of section 3 of the all india services act, 1951 (61 of 1951), read with sub rule (2) of rule 4 of the indian administrative service (cadre) rules, 1954, (the central government). 2. ..... (vi) any other appropriate order or direction that this tribunal deem fit in the interest of justice. ..... consideration is as to what is the effect of rule 4(2) of the cadre rules as it stood prior to its amendment in the year 1995 and if there has been an infraction in the matter of compliance of the said rule, what direction could be given to the appropriate authority ..... it would subserve the object of the act and the rules and afford an equal opportunity to the promotee officers to reach higher echelons of the service." 11. ..... it would subserve the object of the act and the rules and afford an equal opportunity to the promotee officers to reach higher echelons of the service." 7 ..... the cadre rules are statutory in nature, having been framed by the central government in exercise of powers under sub-section (1) of section 3 of the all india services act, 1951 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... if any representation in regard to medical treatment over and above the ceiling is made, the same be considered sympathetically (see mohan lal jindal); and that it is appropriate if the medical reimbursement rates are reviewed and updated annually or at least biennially (see k.p. ..... it would clearly be appropriate for it to update its approved rates on an annual or, at least, biennial basis. ..... we direct that the union of india shall immediately consider this aspect and give appropriate directions thereon. ..... for other items, wherever the amount had been restricted on the basis of the old rates, the respondents may consider updating the rates as of 2006-07 as held in k.p.singh (supra) and arrive at a judicious decision and act on the basis of the same. ..... vivekananda swamy,(2008) 5 scc 328, the apex court has held as under:- 20. ..... r.vivekananda swamy [(2008) insc 554] and state of punjab and others v. ..... vidya sagar (2009) 14 scc 652 the apex court has qualified the act of full reimbursement of medical expenses in respect of heart treatment as an act of "magnanimity" 15. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the argument advanced by the official respondents during hearing that the 10th person has a right to be included in the zone of consideration, is not tenable because the appropriate position of the applicant in the zone of consideration is at the top in view of the marks awarded to him and because of the limit on the size of the zone of consideration, not all eligible officers have a vested right ..... in the zone of consideration, after denying the applicant necessary information under rti act thus effectively preventing him from moving the appropriate forum in time. ..... the acrs of the 7th respondent for the period from 1.1.2007 to 31.12.2007 and from 1.1.2008 to 31.12.2008 is reported by the commissioner, guruvayoor devaswom and reviewed by the additional chief secretary, in ..... applicant was considered for inclusion in the select list of 2004, 2006, 2007 and 2008, but she could not outperform the other candidates on merit for inclusion in the ..... shri ratheesan was considered for selection in 2008 when also he was on deputation to ..... it is seen that for the year 2008, all the officers were given 40 marks ..... even if for the confidential report in 2008 10 marks are added, the maximum marks she could secure for confidential ..... working as administrator, guruvayoor devaswom on deputation was included in the zone of consideration in 2008 and 2009. ..... to the reply of the 1st respondent, it was submitted by the applicant that he had been suspended for an alleged fabricated report of finance wing made in 2008. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... as the orders passed by them have severe civil consequences, appropriate reasons should have been assigned. ..... on the strength of the above dictum of the apex court, now a look at the discussion by the inquiry officer before he came to the finding rendered in his report is appropriate. ..... (h) the applicant has challenged the proceedings, the act of recovery of alleged overpayment of hra and cca and prayed for the quashing of the annexure a-12 (penalty order), a-14 (order of the appellate authority) and a-17 ( order of recovery of arrears of rent and over payment of hra/cca). 2. ..... likewise, the appellate authority did not act as mandated by rule 22(2) of d and a rules and the dicta laid down by the apex court. ..... although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied with. ..... 7431 of 2008, decided on 19.12.2008, the apex court has held as under:- "12. ..... the provisions of the evidence act may not be applicable in a departmental proceeding but the principles of natural justice are. ..... the applicant filed representation dated 20-02-2008 vide annexure a-16. ..... (g) the respondents had also recovered a sum of rs 2000/-from the pay of the applicant for the month of january, 2008 towards overpayment of h.r.a. ..... [(2008) 3 scc 484], this court held: "17. ..... (f) appeal preferred by the applicant vide annexure a-13 was rejected by annexure a-14 order dated 29-02-2008. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... section 2(f) of the 1972 act defines "employer" inter alia to mean, in relation to any railway company belonging to or under the control of the central government or the state government, a person or authority appointed by the appropriate government for the supervision and control of the employees ..... it was urged that in view of rule 15(4)(ii) of the 1993 rules, as pension and commuted value thereof are only governed by the pensions act, 1871, the matter relating to payment of gratuity could not have been brought within the purview of the 1993 rules. ..... mr manik lal banerjee, respondent appearing in person, on the other hand, contended that section 2(e) of the 1972 act should be interpreted conjointly with section 2(f) defining "employment" and section 2(a)(i) defining "establishment" and so construed, it must be held that the same is applicable to the cases of railway employees ..... counsel for the applicant argued that section 14 of payment of gratuity act enables the applicant to derive the benefit of gratuity under the said act and as per the act the applicant is entitled to the benefits as he does not come under any excluded category. ..... has also referred to a decision of the division bench of hon'ble high court of kerala which considered the applicability of payment of gratuity act to the employee of kerala state electricity board which also ruled in the same fashion. 5. ..... (cc 11425/2008) decided on 3.10.2008 wherein the apex court has held as under: "the modus of 'representation' 6 .....
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