Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... . speaking for a bench of three learned judges of this court reiterated the following principles: "(a) 'equal pay for equal work' is not a mere demagogic slogan but a constitutional goal capable of attainment through constitutional remedies, by the enforcement of constitutional rights (under article 32 of the constitution of india) ..... . whether the denial of pay scale of rs.7500-12000 (revised to pb-2 of rs.9300-34800/- with a grade pay of rs.4800/-) to applicant is violative of articles 14 and 16 of the constitution of india ..... (iv) in allowing the grade pay of rs.4800/- to private secretary to joint secretary in st commission and grade pay of rs.4600/- to private secretary to member of said commission, the respondents violated articles 14 and 16 of the constitution of india. ..... . kundu, under secretary to the government of india, ministry of finance assert that the secretariat of the ministries/ departments of the government of india together constitute headquarters organisation ..... . union of india, air 1973 sc 1088, it was held that implementation of the revised pay scale in a particular category of servants from a date later than that recommended by the pay commission and thus non-implementation of its report only in respect of those persons amounts to violation of articles 14 and 16 of the constitution, the constitution bench held, in laljee dubey v .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the rules with which we are concerned have been made in exercise of the powers conferred by the proviso to article 309 of the constitution of india dealing with the recruitment and conditions of service of the persons serving the union ..... shri gupta further submitted that rules which are validly framed under the provisions of article 309 of the constitution of india continue to operate until repealed or replaced by validly framed new rules. ..... in pursuance of the recommendations made by the parliamentary standing committee attached to the ministry of home affairs, dopandt, respondent no.1, vide their order no.21.6.1998-cs.i dated 28.2.2001 constituted a committee of senior officers to assess the magnitude of stagnation in the assistants/ grade of css and suggest remedial measures ..... . - a separate cadre in respect of the section officers/ grade and the assistants/ grade shall be constituted for each ministry or office specified in column (2) of the first schedule and all the offices specified against such ministry or office in column (3) of that schedule and officers of these grades in each cadre shall be borne on a ..... furthermore, the applicants do not have any right under the constitution or under the rules to ask for that a particular number of posts should be allotted to the cldce ..... . fourth schedule [see rules 13(5) and 13(8)] regulations for the constitution and maintenance of the select lists for the section officers' and assistants' grades of the central secretariat service. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the scope of judicial review of transfer under article 226 of the constitution of india has been settled by the supreme court in rajendra rao vs. ..... versus shri bhagwan and another [2001-8-scc-574]; kendriya vidyalaya sangathan versus damodar prasad pandey and others [2004-12-scc-299]; airport authority of india versus rajeev ratan pandey [jt 2009 (10) sc 472]; somesh tiwari versus union of india and others [2009-2-scc-592]; and rajendra singh versus state of up and others [2010-1-slr-632], the law laid has been that in the transfer matter of a government employee, scope of judicial review ..... in view of the aforesaid legal position, the facts of the case reveal that the applicant has admittedly the all india transfer liability from one place to the other, and the competent authority has passed the transfer order in as much as the transfer order included large number of transfers and the applicant was one of them. ..... in law in the matters of transfer of government employees and having noted the executive guidelines-2010 on the transfer and placement of officers belonging to irs (it), we have noted that the applicant is in the transferable post with all india transfer liability and the guidelines provide a basic framework but do not have any statutory backing. ..... prabodh seth, who was posted in place of the applicant, stood up during the final hearing to argue his case by stating that he was on deputation away from india and on return was being posted to faridabad. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... or grade b of the service has been set out in 5th schedule thereof and its relevant part reads as under:- maintenance of select list for grade b (1) additions to the select list after its constitution under paragraph 1 shall be made in such numbers as the central government in the ministry of railways may determine, from time to time, keeping in view the existing and anticipated vacancies, and in equal ..... framed the transfer of the respondents would be in violation of their constitutional rights guaranteed under article 14 and 16 of the constitution of india. 24. ..... kulkarni, wherein pertaining to merger of cadres it was held that the principles for effecting integration would be requiring equation of posts on the principles:- (1) where there were regularly constituted similar cadres in the different integrating units the cadres will ordinarily be integrated on that basis but (2) where there were no such similar cadres, the following factors will be ..... it was held:- the state by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required ..... union of india and others, it was held:- under article 309 of the constitution the legislature is empowered to regulate the recruitment and conditions of service of persons appointed to public post .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... for the foregoing reasons and in the totality of facts and circumstances, there are no grounds for this court to exercise its jurisdiction under article 226 of the constitution of india and to interfere with the termination of the petitioner. ..... supreme court of india has upheld the plea of the himachal pradesh public service commission rejecting the request of a candidate for revaluation. ..... supreme court of india. 2. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... respondent would submit that the order passed by the tribunal is absolutely impregnable being founded on sound reasons and does not warrant any interference in exercise of power of judicial review under articles 226 and 227 of the constitution of india and further the submission that the decision in sushil kumar (supra) is per incurium does not deserve any acceptation. 8 ..... and recruitment) rules, 1980 and as the decision has been rendered totally ignoring and overlooking the relevant statutory rules, it is per incurium and cannot have the binding precedential value under article 141 of the constitution of india. 7 ..... . present is not a fit case in which we should interfere and grant relief to the petitioner in exercise of discretion under article 226 of the constitution of india ..... the case of candidate prem singh choudhary was examined by the screening committee of phq constituted by the commissioner of police in the light of the attending circumstances which led to the commission of above offence, nature of offence, nature of justice, type of weapon used, grounds of acquittal, court judgment, the role of the candidate as well as judgments of honble supreme court of india dated 04.10.1996 in civil appeal no.13231 of 1996 (arising out of slp (c) no.5340 of 1996) dad vs. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... question is concerned, it would be pertinent and material to refer to article 77 (1) of the constitution of india in terms of which all executive action of the government of india shall be expressed to be taken in the name of the president. ..... we are therefore of the view that the executive power or the executive action of the president in chapter i of part v of the constitution is not restricted to the exercise of powers which are entirely administrative in nature but is broad enough to include rule-making as distinguished from the power to issue ordinances which are sovereign ..... 1/364/96-per/par-ii/439 dated 16.05.2011, the administration of daman and diu, department of personnel and administrative reforms secretariat, daman informed the joint secretary (ut), government of india, ministry of home affairs that there is no jag level danips post available in the said union territory and the administration also faces difficulty in payment of salary to ..... letter dated 23.06.2012 whereby the union territory of daman and diu and dadra and nagar haveli requested the joint secretary (ut), government of india, ministry of home affairs was generated pursuant to letter no.14020/2/2011 uts.ii (part file) dated 23.02.2012 of ministry of home affairs and was faxed from district panchayat office, thus the ..... under article 77 (3) of the constitution, the president issued order dated jan14, 1961 (pausa 24, 1882 (s) making the rules for the more convenient transaction of business of government of india. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the applicant challenged the aforesaid impugned orders in this original application on the ground that they are illegal, arbitrary, discriminatory and in violation of articles 14 and 16 of the constitution of india. ..... the ccs (cca) rules have been framed under the proviso to the article 309 of the constitution and these are thus statutory rules and cannot be trifled with lightly. ..... such an opportunity may either be provided specifically by the rules made under article 309 of the constitution or the disciplinary authority may, of its own, provide such an opportunity. ..... this is in consonance with the requirement of article 311(2) of the constitution as it provides that a person shall not be dismissed or removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. ..... the article 311 of the constitution also mandates that no employee would be dismissed, removed or reduced in rank without being given a reasonable opportunity of being heard. ..... this right being a constitutional right of the employee cannot be taken away in any legislative enactment or service rule including rules made under article 309 of the constitution . 20. ..... the learned counsel for the respondents has also relied upon the judgment of the apex court in union of india and ors. vs. ..... in union of india and others vs. dr. ..... union of india and ors. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... result, we are of the opinion that the impugned order of dismissal rendered by the disciplinary authority is violative of article 311(2) of the constitution of india inasmuch as the appellant has been denied reasonable opportunity of defending himself and is on that account null and void. ..... however, he was advised to prefer mercy appeal addressed to the president of india under the provisions of rule 31 of the danda rules, if he so ..... desired you may prefer mercy/appeal address to the president of india under the provision of dandar rule 31. 7. ..... procedure adopted by the respondents, according to the applicant, is in violation of principles of natural justice and the law laid down by the hon'ble supreme court of india in the case of kashinath dikshita vs. ..... has relied upon the judgment of union of india and others vs. ..... appointed shri anil vishnoi from the vigilance department as the inquiry officer in the case and said action was against the well settled principle by the supreme court in its judgment in union of india and others vs. ..... union of india air 1971 delhi 133 wherein it has been held that denial of right to access to the two documents for preparing defence ..... union of india 1967 serv lr 759 (sc) in support of the proposition that if a public servant facing an inquiry is not supplied copies of documents, it would amount to denial of ..... union of india and others 1986 (3) scc 229 in which it has been held that non-supply of the copies of the documents amounts to denial of opportunity in .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... hence the tribunal has not committed any jurisdictional error so as to interfere with the order under article 226 of the constitution of india. ..... candidate and allotment of service/cadre in accordance with the law laid down by the constitutional bench of the honble supreme court in union of india vs. ..... the respondents are directed to allow service/cadre to the applicant considering her as a meritorious reserved candidate in accordance with the law laid down by the constitutional bench of the honble supreme court in union of india vs. ..... candidate; and the applicant is entitled for allotment of service/cadre in accordance with the law laid down by the constitutional bench of the honble supreme court in the union of india vs. ..... they have stated that ias is an all india service created under article 312 of the constitution. ..... (6) scc 38 has held that a selected candidate at best has a right to be considered for appointment to the ias but has no such right to be allocated to a cadre of his choice since allotment of cadre is an incidence of service and a member of an all india service bears liability to serve in any part of the country. ..... the hon'ble supreme court of india in the matter of uoi vs. ..... however the same was also dismissed by the honble supreme court of india. .....
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