Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Court: central administrative tribunal cat ernakulam Page 1 of about 52 results (0.127 seconds)

S. Prasannakumar and Another Vs. Union of India Rep. by General Manage ...

Court : Central Administrative Tribunal CAT Ernakulam

..... "since all the applicants are continuing as skilled artizans on the basis of the interim order issued by this tribunal, the applications are now disposed of directing the general manager to consider the case of the applicants in appropriate grade on group 'c' for absorption in accordance with the direction contained in the railway boards' circular dated 08-07-93 as also the railway boards' order dated 9-4-97 and the ruling of the supreme court in v.m. ..... the applicants had approached this tribunal on many occasions, right from the period orders were issued by the railways to regularize their service in group 'd' posts, challenging the regularization in group 'd' posts and they expressed willingness to continue as group 'c' casual labourer with the risk of ..... this is the mode of providing an employment, then we fail to understand as to how the chairman of the railway board could not apply the same to the appellant and give appropriate relief." 18. ..... this is the mode of providing an employment, then we fail to understand as to how the chairman of the railway board could not apply the same to the appellant and give appropriate relief. ..... 124 of 2007, judgment in wp (c) 19324 of 2008 (relating to the aforesaid oa no. ..... since oa 616/97 also had dealt with the case of regularization, according to the respondents, the judgment in that case acts as res-judicata. ..... according to them, the tribunal is not empowered to examine a claim relating to more than 3 years prior to the promulgation of the act. .....

L. Mony Vs. Union of India Represented by the General Manager, Souther ...

Court : Central Administrative Tribunal CAT Ernakulam

..... provided that it shall be open to the appropriate authority to withhold permission to a railway servant under suspension who seeks to retire under this ..... it is humbly submitted that after coming across the judgment of the hon'ble high court of kerala in wp(c) no.23269 of 2008, on 02/09/2008, the railways sent letters on 9/9/2008 (annex. ..... simultaneously, the respondents had taken action vide communication dated 19.09.2008 addressed to the commissioner and secretary, sc and st development (e) department, government of kerala, thiruvananthapuram and the same reads as under: " confidential southern railway divisional office, personnel branch, trivandrum-14. ..... immediate supervisory official, namely, the chief crew controller, ernakulam that his request has not been accepted by the competent authority and the chief crew controller, ernakulam in turn vide annexure r-2 letter dated 10.1.2008 intimated the position to applicant on 28.12.2007 itself and handed over a photocopy of the said letter. ..... 1-2-2007 and sec.16a has been incorporated by amendment into the principal act, which has statutorily empowered the pension sanctioning authority/competent authority concerned to defer and withhold pensionary benefits of the incumbent pending decision of the ..... kerala, sc/stdd department, who is the chairman of the scrutiny committee constituted under the relevant act governing the field, has issued notice no.23813/g3/2008/scstdd dt. ..... of 2008) incorporating certain amendments to the principal act. .....

E.K. Karunakaran, Retired Senior Gangman, Trivandrum Railway Division, ...

Court : Central Administrative Tribunal CAT Ernakulam

..... when the applicant was already granted temporary status with effect from 1.1.1981, it was for him to challenge the same before an appropriate judicial forum and establish that he was an open line casual labourer and he was entitled for the deemed conferment of casual labourer status on completion of 120 days of continuous service ..... for the period of regular service under the provisions of the railway service (pension) rules, 1993, or (ii) for payment of gratuity and pension counting half of the service rendered in ..... the applicant in this case was initially engaged as a casual labourer khalasi on 16.8.1965 under the depot store keeper, southern railway, ernakulam and he worked in that capacity till 14.10.1983 under different inspector of works as seen in annexure a-1, a-2, a-3 ..... he has also submitted that he is entitled for payment of gratuity in terms of annexure a-6 railway board's letter no.r(ll)86/at/gra/1-2 dated 30.6.2000 according to which such of casual labourers who continued to be in service and were/are absorbed against regular vacancies, shall be allowed to exercise an option (i) under payment of gratuity act 1972 for the period of service upto the date preceding the date of absorption and for payment of gratuity and pension .....

E.M. Antony and Others Vs. V.N. Mathur and Others

Court : Central Administrative Tribunal CAT Ernakulam

..... in the light of the supreme court ruling in ajit singh-ii case and direction of hon'ble kerala high court in the above op and also considering the railway board's letter dated 28-02-97 and 15-5-98 and railway board's letter no.e(ng)i-97/sm- 6/7 dated 8-8-2000, it has been decided that the seniority of general candidates vis-a-vis the reserved candidates (sc/st) is to be revised based on the entry level seniority (appointment as asm /sm /ii in the case of ..... it would be appropriate if the general manager, southern railways or any of the senior officers duly authorized by the general manager, southern railway, monitors the progress in implementation by various divisional railways so that justice to all would be rendered ..... the incompatibility is to the extent that whereas the order dated 15-12-2008 directed the respondents to implement the order dated 6-09-1994 (or for that matter 20-04-2004), the other order gave a lever to the respondents 'to re-publish the seniority lists of the ministerial cadres at all levels as on 10.2.1995 ..... far the orders issued so far are sustainable in view of the apex court holding the 85th constitution amendment act of 2005 (4) whether the permission sought by the respondents in m.a. 41/06 in o.a. ..... the constitutional 85th amendment act 2000 gives legal assent to ..... that action under the contempt of courts act may be initiated against shri v.k. ..... act of 2005 the principle in ajit singh-ii and earlier judgments would remain relevant for the period prior to .....

V.S. Radhakrishnan Vs. Union of India Represented by the General Manag ...

Court : Central Administrative Tribunal CAT Ernakulam

..... the other hand, it is found that the delinquent officer/employee has not waived it or that the provision could not be waived by him, then the court or tribunal should make appropriate directions (include the setting aside of the order of punishment), keeping in mind the approach adopted by the constitution bench in b. ..... traps, the following instructions in addition to those contained under para 704 are to be followed: (a) the investigating officer/inspector should arrange two gazetted officers from railways to act as independent witnesses as far as possible. ..... the non-compliance of the procedure in respect of a trap case, the contention of the respondents as given in the inquiry report is that as per the decision of the apex court in the case of ccm/se railway vs g.retnam and others, instructions contained in para 704 and 705 of the vigilance manuals were in the nature of departmental instructions with no statutory force. 10. ..... the high court has observed that in the present cases the service of some rpf constables and railway staff attached to the vigilance wing were utilised as decoy passengers and they were also associated as witnesses in ..... in the case of moni shankar, (2008) 3 scc 484, the apex court has first discussed the trap cases in general and the case ..... down (including having two gazetted officers as independent witnesses) has not been followed and thus the proceedings are vitiated as held by the apex copurt in the case of moni shankar vs union of india (2008 (3) scc 484). .....

N. Gopalakrishnan Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ernakulam

..... affairs of the union and that as the rules regarding the conditions of service of the members of the central administrative tribunal and that of the members of the railway claims tribunal are similar, the same principle would apply in the case of a member of the railway claims tribunal and therefore it has to be held that the services of a member of the tribunal cannot be considered as a re-employment in connection with the affairs ..... . as reemployment in connection with the affairs of the union", the learned counsel of the respondents argued that the service in railway claims tribunal being on similar terms cannot be considered as re-employment in connection with the affairs of the union and therefore, this tribunal ..... (i) whether the tribunal has got jurisdiction to entertain this application, (iii) in view of the amendment to rule 8(2) of the railway claims tribunal (salaries arid allowances and conditions of service of chairman, vice chairmen and members) rules, 1989 notified by gsr 185 e dated 11.4.96, the applicant is entitled to get pension for 5 years as claimed by ..... . from the preamble to the railway claims tribunal act, which has been quoted and from section 13 dealing with the jurisdiction, powers and authority of the claims tribunal which we have also extracted earlier, it is clear that ..... the union or for the affairs of the union, the nature of his job being civil, we do not see why he should be deprived of a right to approach the tribunal and seek relief in appropriate cases .....

C.T. Abraham Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ernakulam

Reported in : (2007)(1)SLJ298CAT

..... that judgment and the following questions were considered: (i) whether the disciplinary proceedings can be continued against a government servant even after his retirement under the ccs (pension) rules or the corresponding provisions of the railway pension rules, even where the officer had not been suspended but allowed to retire during the pendency of the disciplinary proceedings; and (ii) whether the disciplinary proceedings as in (i) above can be continued or initiated ..... thereof, passed the following order based on the above said judgment: disciplinary proceedings can continue after retirement even in case where there is no pecuniary loss:- the question whether disciplinary proceedings pertaining to a serious or grave act of misconduct/negligence committed by a government servant can be continued or instituted in terms of rule 9 of ccs (pension) rules, 1972, or other corresponding rules, even if no pecuniary loss was caused to the government, has been the subject ..... requested to bring the above ruling of the full bench of cat to the notice of all concerned so that the same is appropriately referred to in all those cases where interpretation of rule 9 of ccs (pension) rules, 1972 and other analogous rules is involved ..... allowed vide order dated 22nd october, 1992 and the impugned order dated 23.09.1981 was quashed and set aside, with liberty to the respondents to take any appropriate action on the ground of unauthorized absence after expiry of leave, by following the relevant rules. .....

P.C. Chandy, Assistant Accounts Officer, Trivandrum Vs. Union of India ...

Court : Central Administrative Tribunal CAT Ernakulam

..... the other reliefs sought by the applicant in this t.a are the following: (i) to issue a writ of mandamus or any other appropriate writ, order or direction tot he 2nd respondent to regularise the absence of the applicant from duty during april 1998, july 1998 to 27.8.1998 and from 1.3.2005 to 31.5.2006 by granting eligible leave and to pay the ..... he has, therefore, sought a writ of certiorari or any other appropriate writ or order or direction to call for the records leading to exhibit p-9 and to quash the entire disciplinary ..... (iii) to issue a writ of mandamus or any other appropriate writ or order or direction, directing the 2nd respondent to revise the pay of the applicant with effect from 14.5.1998 as per ext.p-5 and pay the arrears with all consequential ..... was entitled to the pay of rs.6,500/- applicable to aao from 1.11.1996 with annual increments, but he was being given the pay of only rs.6,025/- for more than last 8 years (ie from march 2000 to august 2008) without any increments which is a worse than the penalty of reduction to a lower stage. ..... shri p.c.chandy, while working as aao, nyks, zonal office, west zone, had drawn hra from the sangathan each month, knowing the fact that he is living in the railway quarters, (govt. ..... thus, sh chandy acted in a manner, which is unbecoming for the sangathan's employee and violated the ccs(cca) ..... thus, sh chandy's act of insubordination and ulterior motive, caused administrative problem in the zonal office, thereby violated the ccs (conduct), .....

K.J. Gandhi Vs. Union of India Represented by the General Manager, Sou ...

Court : Central Administrative Tribunal CAT Ernakulam

..... union of india (1986) 2 scc 651 this court, in somewhat similar circumstances, interpreting rule 27 (2) of the central civil services (classification, control and appeal) rules, 1965 which provision is in pari materia with rule 22(2) of the railway servants (discipline and appeal) rules, 1968, observed: it is clear upon the terms of rule 27(2) that the appellate authority is required to consider ( 1 ) whether the procedure laid down in the rules has been complied with; and ..... for departmental traps, the following instructions in addition to those contained under para 704 are to be followed: (a) the investigating officer/inspector should arrange two gazetted officers from railways to act as independent witnesses as far as possible. ..... may at the outset notice that with a view to protect innocent employees from such traps, appropriate safeguards have been provided in the railway manual. ..... , (2007) 8 scc 212, relied upon by the respondents before the high court, and referred to in the high court judgment, has been referred to in a subsequent judgment of moni shankar vs union of india, (2008) 3 aislj 325, and in this judgment, the apex court has explained comprehensively as to the procedure to be adopted in matters of trap cases. ..... b s rajan, judicial member this oa was earlier decided, vide order dated 16-02-2006 allowing the same by quashing the penalty orders impugned therein, and directing the respondents to pass appropriate orders granting consequential benefits to the applicants. .....

S. Manoharan Vs. Union of India Represented by the Secretary to the Go ...

Court : Central Administrative Tribunal CAT Ernakulam

..... they stated that the selection and empanelment was done based on the extant orders of railway board issued in 1998 and 2003 and that the applicant has not challenged the said orders at the appropriate time. ..... 23 of 1998 wherein it was laid down that as there was no uniform practice in the various zonal railways it was decide that henceforth the panel is to be drawn on the basis of seniority of those who ..... for the applicants argued that 25% of vacancies in the technician grade-iii are required to be filled up from serving khalasis and khlalasi helper with three years experience having the educational qualification as laid down in apprentice act through a limited departmental competitive examination in the order of marks obtained in the written examination and viva voce. ..... they cannot now turn around and challenge the orders of the railway board and plead ignorance of the existence of the orders for delay in challenging the same well in time. ..... had challenged non-inclusion in the panel prepared by the railway authorities for promotion to the post of ticket collector/train clerk against 33.33% quota reserved for group-d ..... in this case the competent authority the railway board has taken a policy decision to dispense with "viva voce" and introduced "records of service" which in their view, shall be more suitable to find out the more skilled and senior officials in the ..... after publication of the results and their non-selection, these oas were filed on 18.6.2007 and 4.8.2008. ..... 456 of 2008 5. .....