Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it was also observed that the terms and conditions of service of an employee including the right to be considered for promotion indisputably are governed by the rules under the proviso appended to article 309 of the constitution of india. ..... 21, the honble apex court while upholding effective and meaningful consideration for promotion as per the service rules, as a fundamental right of an employee; also observed that a person has no fundamental right of promotion in terms of article 16 of the constitution of india. ..... 4.1 the inaction on the part of the respondents in finally notifying only a part of the rrs has also been averred to be discriminatory and thereby violative of the fundamental rights guaranteed under articles 14 and 16 of the constitution of india. ..... (iii) such draft rules cannot be treated to be made under rule 309 of the constitution (iv) such draft rules cannot legally exclude the operation of any existing executive or administrative instruction on the subject ..... union of india vs pushpa rani and ors {(2008) 2 scc (lands) 857}, it was observed by the honble apex court: power of judicial review can be exercised in such matters only if it is shown that the action of the employer is contrary to any constitutional or statutory provision or is patently arbitrary or vitiated by malafide ..... iv) abraham jacob and ors vs union of india {1998 scc (lands) 995} to argue that administrative decision could be taken to make promotions according to draft rules which were finalized later on .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... in the aforesaid decision, it has been observed in para 25 that 'the provisions of article 320(3)(c) of the constitution of india are not mandatory'. ..... union of india and others, civil appeal no.642 of 2004 decided on 30th january, 2004. ..... in this regard, the applicant has relied upon the judgment of honble supreme court in the case of the central bank of india ltd. vs. ..... he submitted that this is valid in view of the decision of this court in union of india vs. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... motivated by unsuitability or unsatisfactory work but the foundation for the same is suppression of fact by the applicant and, hence, the same is punitive in nature, and liable to be set aside for being violative of article 311 (2) of the constitution of india. ..... he further submits that the same is violative of article 311(2) of the constitution of india. 5. ..... whether the alleged concealment and suppression of facts by the applicant while furnishing the attestation form (annexure `e) constituted the foundation of the decision taken by the 2nd respondent to terminate the services of the applicant under rule 5(1) of the ccs (temporary service) rules, 1965 and such alleged concealment can be condoned in view of apex court ..... however, if the allegation of misconduct constitutes the foundation of the action taken, the ultimate decision taken by the competent authority can be nullified on the ground of violation of the rules of natural justice. 13. ..... the honble apex court in a recent judgement in state bank of india and others v. ..... union of india and others, 2010(12) scale 477. ..... union of india and others v. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... . the quoted observations clearly illustrate that the rule of 50% a year as a unit and not the entire strength of the cadre has been adopted to protect the rights of the general category under clause (1) of article 16 of the constitution of india ..... . however, we must also comment upon the stand taken by the applicant in the rejoinder that the effect and implication of the constitution bench judgment of the honble apex court in r.k ..... sabharwal (supra), which was a constitution bench decision of the apex court. ..... . union of india and others, (1978) 1 serv lr 844 interpreted railway board's circular dated april 20, 1970 providing 15% reservation for the scheduled castes ..... . union of india, air 1993 sc 477 observed as under (para 96) : - "take a unit / service / cadre comprising 1000 posts .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... therefore, the disciplinary authority, under clause (a) of second proviso to article 311 of the constitution of india dismissed him from service w.e.f. ..... he preferred an appeal against it on 07.09.2006 stating that it was against the provisions contained in article 311 (2) (a) of the constitution as well as rule 11 (1) of the delhi police (punishment and appeal) rules, 1980 was rejected by the appellate authority vide its order dated 18.10.2006. ..... opinion in this regard, it may be possible for the petitioner (in an appropriate case) to use this gap period to pass an order of dismissal or removal from service by exercising powers under clause (a) of the second proviso to article 311 (2) of the constitution. ..... union of india (slp (civil) no. ..... in this regard, they have relied upon the judgments of the honble apex court in union of india vs. m.k. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... this tribunal further held that once the higher authority has been found responsible in case of shri ved prakash, superintendent, punishing the applicant, who is a subordinate, would be discriminatory under articles 14 and 16 of the constitution of india. 15. ..... at the most, if proved, the charge constitutes only negligence on the part of the applicant. ..... the learned counsel for the applicant placed reliance on the judgments of the honble apex court in union of india v. j. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... they have denied that this is a violation of articles 14 and 16 of the constitution of india because the applicants have been discriminated against. 9. ..... we direct that the applicants may be considered for grant of this benefit in terms of government of india instructions dated 26.05.1977 by which diploma in engineering with ten years technical experience has been recognized as equivalent to degree in engineering, keeping in mind that this benefit has not been withdrawn from those similarly placed ..... the respondents have also completely ignored the instructions of government of india issued on 26.05.1977 by which diploma in engineering with 10 years of technical experience has been recognized as equivalent to degree in engineering. ..... in our opinion, this constitutes a case of discrimination. 11. ..... ), the government of india have decided to recognize a diploma in engineering in appropriate discipline plus total ten years of technical experience in the appropriate fields is recognized as equivalent to degree in engineering. ..... decided on 23.01.2012 in which the honble high court of punjab and haryana has allowed the petition on the grounds that diploma with ten years experience is equivalent to degree in engineering based on the same instructions of government of india. 12. ..... further, on the same issue of recovery, the applicants have relied upon the following cases:- union of india vs. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... joined subsequent to the prescribed dates of joining, have been allowed to join in the service, and that the respondents have adopted a pick and choose policy in his case, which is contrary to the articles 14 and 16 of the constitution of india. 6. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the applicants have sought relief for promotion on the following grounds:- (i) the respondents have acted in violation of articles 14 and 16 of the constitution of india as they have promoted juniors of the applicants. ..... , the high court noted that it meant : "(1) conforming to a rule or principle, systematic; (2) harmonious, symmetrical; (3) acting or done or recurring uniformly or calculably in time or manner, habitual, constant, orderly; (4) conforming to a standard of etiquette or procedure, correct, according to convention; (5) properly constituted or qualified, not defective or amateur, pursuing an occupation as one's main pursuit." 20. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... article 16(4) of the constitution of india permits the state government to make any provision for the reservation of appointments or posts in favour of any backward class of citizen which, in the opinion of the state is not adequately represented in the services under the state. .....
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