Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Jul-23-2009
..... 31/03/2000 89 31/03/2001 110 31/03/2002 143 31/03/2003 103 31/03/2004 137 31/03/2005 155 31/03/2006 189 31/03/2007 166 11. the claim of the applicant is that in so far as the vacancies to the extent of 110 upto 31-03-2001 i.e. prior to the ..... annexure p-3 is as under: (a) 50% of the vacant posts in the circle by direct recruitment through open competitive examination; (b) 40% of the vacant posts in the circle by promotion from the employees working in bsnl, through internal competitive examination; (c) 10% of the vacant posts in the circle by promotion from senior accountants working in bsnl through internal ..... all the vacancies of the past- both anterior and posterior to 31st august 2001 when the recruitment rules were amended and have proposed to fill up these vacancies on the basis of the revised recruitment rules. the applicant, under the right to information act, obtained the break up of vacancies, which had been furnished by the respondents as under: 10. vacancy position .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Oct-29-2009
..... 9.93. the next promotion post is officer surveyors grade. as per the recruitment rules in force, 25% of the posts would be filled by limited departmental competitive examination (ldce for short) from surveyors, survey assistants, scientific assistant and geodetic computers who possess degree and have rendered 5 years regular service in the respective grade ..... and the recruitment roster as laid down in the departmental instructions and the scheme within another ninety days thereof. hence, the respondents prepared the ground for amending the recruitment rules for office surveyor and chief draftsman and got it ready by the later half of 2001 and conducted the examination in december, 2001. therefore ..... of eligibility as 1.1.2003 for counting qualifying service as void. from the perusal of the records produced before us we find that the respondents have acted in accordance with the dopandt instructions on the subject. the relevant extracts from dopandt om no. 22011/3/98-estt(d) dated 17.9.1998 is .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Nov-19-2009
..... both provisional and final, so far as, it relates to the appointees either by direct recruitment or by promotion in the delhi higher judicial service, prior to the amendment of the recruitment rules in the year 1987, and their inter-se seniority must be re-determined on the basis of continuous length of service in the cadre, ..... the dpc was taken up for the selection to the category of jts for the vacancy pertaining to the year 1997-2004 and that dpc was finally held in 2007. they have also relied upon the very same judgment relied upon by the counsel for the applicants, namely, direct recruit class - ii engineering officers' association and others ..... of the applicants and similarly placed persons were utilised and their energy has been extracted by the administration without giving them any benefits of regularisation. which is an act on the part of the administration deliberately made to deny valuable right of an employee, continuing in regular post in the cadre strength. (f) the delay and .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Mar-30-2009
..... examination for selection of probationary officers. as noted herein earlier, writ petitioner was not allowed to sit for the competitive examination for the post of the bank probationary officer on the ground that she was visually impaired candidate although the ..... undergo medical examination and that he would be governed by provisions of indian railway code and other extant orders as amended/issued from time to time. he was also directed to remit rs.16/-towards medical examination fee. he had ..... khalasis etc. again, there was no response from the respondents and he sent the annexure a-13 representation dated 14.7.2007. thereafter, he has filed this o.a seeking the following reliefs: 1. declare that non-feasance on the part of ..... other department in terms of the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. mr. manjit singh, learned counsel appearing on behalf of the respondents has drawn our attention to the fact that .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Apr-17-2009
..... will normally be held once a year at the discretion of the dg. the 2nd respondent vide annexure a-2 circular dated 1.1.2007 notified the departmental competitive examination for 12 vacancies of 2007. the applicants qualified in the examination. according to the applicant the practice followed in the department was that candidates who qualified in the ..... officers of the department in the performance of their administrative and executive duties. the volume-i which contains the po act empowers the dg posts to amend the rules and procedures. hence the dg post, is competent to amend the rules and change procedures. these are done through the due process and circulated through correction slips to the ..... conducted until the surplus qualified hands are accommodated, is untenable hence rejected. 17. as regards the comptence of the dg, posts to amend 279.1/2 of p and t manual vol. iv , po act vol. i, we may examine the case laws relied on by the learned counsel for the applicants. in union of india and .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Jul-08-2009
..... caste certificate and that no sympathy or indulgence can be shown to such a person by the court. moreover, the relevant enactment as per the amended ordinance governing the field, has empowered the authorities concerned to defer and withhold pensionary payments to such persons whose sc/st claims issues are pending before ..... st) regulation of issue of community certificates (amendment) ordinance 2008 (ordinance no. 37 of 2008) incorporating certain amendments to the principal act. the said amendment ordinance (annex. r-14) has come into force w.e.f. 1-2-2007 and sec.16a has been incorporated by amendment into the principal act, which has statutorily empowered the pension sanctioning ..... process further. (b) the vigilance branch responded as under: southern railway vigilance branch hq office chennai 600003 vo/mg/56/m/782/2007 date: 17-10-2007 /5-11-2007 with reference to your above letter the status of vigilance/spe cases for following employee is as under: sl no. name and designation remarks .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Aug-18-2009
..... appeal, vide annexure a-9 and the appellate authority after considering the appeal and supplemental appeal, passed the impugned annexure a-10 order dated 9th october 2007 upholding the penalty order passed by the senior divisional commercial manager. 10. aggrieved by the above order of penalty and the appellate order, the applicant has ..... debited by the traffic accounts office to the forwarding stations, they are declared to be irrecoverable. (c) under the provisions of section 78 of the railways act, 1989 notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to-co re-measure, re ..... he should see that each endorsement is made by the previous holder of the receipt. (b) under the provision of sections 76 and 77 of the railways act, 1989 :- the railway administration shall deliver the consignment under a railway receipt on the surrender of such railway receipt ; provided that in case the railway receipts .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Aug-27-2009
..... the respondents is with reference to the earlier rule, when suspension could be resorted to after the commencement of inquiry. however, as the rules have been subsequently amended, whereby, provision of suspension has been made available even when disciplinary proceedings are contemplated, the applicant has been suspended by the competent authority. there is thus ..... counsel for the respondents relied upon the following judgments: (i) the hon'ble high court of kerala in wpc 28804 of 2006 decided on 13th april, 2007, wherein their lordships have held, "whether the government servant against whom disciplinary proceedings are contemplated should or should not continue in his/her office during the ..... applicant for the 1st charge under section 120-b ipc r/w 420 and section 13(2) r/w 13 (1)(d) of prevention of corruption act, 1988 and for the second charge recommended departmental action for major penalty proceedings against the applicant for his gross misconduct. they have denied the allegation of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Sep-24-2009
..... prayer to include him just above respondents viz. b babu does not arise. the second issue is regarding the cadre strength of ips in kerala as on 1.1.2007. with the amendment of the regulation 4(2) of the indian police service (cadre) rules, 1954 as submitted by the respondents, it is no more mandatory on the part of the ..... due as on 22.3.2006, and finalise the same and issue the statutory notification under section 3(1) of all india service act, 1951, read with rule 4(2) of indian police service (cadre) rule, 1954 amending the indian police service (fixation of cadre strength) regulation, 1955 with effect from 22.3.2006 enhancing the number of senior duty post ..... illegalities. what was contemplated was a relaxation in public interest and that appointments to the police force are to be made with reference to the rules framed under public services act and it should not be mistaken that rule 39 of the k.s.s.r by itself confers a special sui juris or exclusive power than that is prescribed by .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Sep-24-2009
..... concerned and may make such alterations therein as it deems fit." the ias(cadre) rules, 1954 is pari-materia with the aforesaid rules. both the rules were amended in the year 1995 by substituting the word 'ordinarily' in place of "shall" thereby reducing the rigidity of the aforesaid provisions and the periodical cadre became no more ..... 1.1.2004 with an outer limit on 10.6.2004 and to issue the requisite statutory notification under 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), on time. ..... 2007 actually belonged to the select list year 2005 and, therefore, a review selection committee meeting should have been held so that his name which was there in the zone of consideration for that year was considered. he has also relied upon the number of judgments to support his argument. the respondents, on the other hand, argued that after amendment .....
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