Court : Central Administrative Tribunal CAT Patna
Reported in : (2006)(92)SLJ190CAT
1. A writ petition, (CWJC No. 11332 of 1996) was filed by the applicant against Kendriya Vidyalaya Sangathan (hereinafter referred to as 'The Sangathan') and others praying therein for issuance of appropriate writ directing the Sangathan and its officials to accept the joining of the applicant to the post of TGT (Mathematics) in which he was working. The matter remained pending before the Hon'ble Court but by order dated 08.05.2003, the Hon'ble Court transferred the petition to this Tribunal on the ground of jurisdiction, which is how this application has come-up before us for disposal.2. The facts, in brief, as coming out of the application are that having been appointed as a Primary Teacher under the Sangathan at Barauni in due course the applicant was promoted as Trained Graduate Teacher (for short, TGT) (Mathematics) and worked satisfactorily throughout. Thereafter, the applicant applied for the post of Secondary Teacher in Zambia for which he was interviewed and was appointed as ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2008)1STJ33NULL
1. The applicant is physically handicapped, being blind, belonging to general category and as such had been appointed to a Group 'C' post against 3% quota reserved for handicapped persons, in the Railways. He was firstly appointed as substitute waterman in Group 'D' but subsequently he was made regular by order dated 15.11.1980. The applicant, qualified for a Group 'C post, thereafter had represented for his appointment as such, reserved for the handicapped persons and by order dated 01.07.1985 (Annexure-A/2) he was appointed in the post of Announcer, temporarily. Since there was no regular post of Announcer in the required pay scale of Rs. 260-400, on his giving joining report on 01.12.1985 he was directed to work as Inquiry Clerk which was in higher pay scale (Rs. 330-560). Though another handicapped person, with blindness, one Brij Lal was appointed against the temporary post of clerk by order dated 04.07.1988, the applicant was denied that privilege, hence he represented again bef...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. We have heard all the 25 OAs on the limited question of their admissibility for adjudication by the Tribunal under the Administrative Tribunals Act, 1985 (in short A.T. Act, 1985). This order will govern all the 25 OAs, as the law points on that limited question are common to all of them. In other words, we are to decide as to whether the Tribunal has jurisdiction to entertain for adjudication the 25 OAs which have been filed by the casual labourers of the Railways and the Telecom Department, which have been declared as industries. We will be passing separate orders in each OA, either for issue of notice before admission or for disposal at the stage of admission.2. We already have two orders delivered by two Division Benches of this Tribunal, one on 3.6.99 in OA 462/98 and 12 other OAs by both of us, and the other on 22.8.99 in OA 227 99 to which one of us, viz. Mr.Justice S. Narayan, V.C. (J) was party with Shri L.R.K. Prasad Member (A). The former was the more preliminary decisio...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2007)IISLJ341CAT
1. The main point for determination in the O. As. noted above being the same, with slight variations in the matter of reliefs sought as would be mentioned later in the order, all these cases have been heard together and will be disposed of by this common order.2. The separate applications in the cases having more than one applicant, to be allowed to prosecute the case jointly, also stand allowed.3. The main relief sought is to order the respondents to regularize, or to absorb them in regular posts either in Group 'D' or Group 'C'. In some cases prayer has also been made to direct the respondents to take work from the applicants as casual labourer, till their regularization/absorption.4. In O.A. 597 of 2005 there is also prayer, besides regularization in a Group 'D' post, that the pension and retiral benefits be not curtailed by the respondents who had acquired temporary status since long and to continue to obtain deduction from the GPF treating them at par with Group 'D' employees. Ho...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
(a) To direct the respondents to release in favour of the applicant DCRG amount, leave encashment, transfer grant, packing and other allowances, as per admissible rules. (b) To direct the respondents to pay 18% interest per annum on withhold amount as referred to in Annexure-A/1(a) with effect from 31.10.1996.2. I have heard the learned Counsel for the parties and perused the materials on record.3. The applicant joined the Railway Service with effect from 12.6.1959.He retired from Railway Service as Station Superintendent, Dholi Railway Station of North Eastern Railway, with effect from 31.10.1996.It is stated by the applicant that at the time of retirement, he was getting monthly salary of Rs. 2675 (Annexure-A/1), At Dholi Station, the applicant had been allotted a Railway Quarter No. T/9. The applicant has stated that he vacated the said quarter on 29.10.1996 (Annexure-A/2). He made an application for release of DCRG, leave encashment, transfer allowance, etc., vide his petition, as...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2007)(1)SLJ203CAT
1. O.A. 562 of 1998 was originally filed by Late Shri Niranjan Prasad Sinha S/o Late Shri Kapildeo Narayan Sinha under Section 19 of the Administrative Tribunals Act, 1985.2. Shri Sinha, however, died on 21.8.2004 and hence his legal heirs namely Smt. Pushpa Sinha, Wife, Shri Sanjay Kumar Sinha, Son and Shri Subodh Kumar Sinha, another son of Late Shri Niranjan Prasad Sinha filed a M.A. No. 157 of 2005 on 2.12.2004 for substitution of the names of heirs in place of Shri Sinha in O.A. No. 562 of 1998. The request was allowed. There was, however, a delay of fifteen days in filing the impugned M.A. which too was condoned by the Tribunal vide, order dated 30th May, 2005 on sufficient grounds advanced by the successor applicants. These applicants are represented by their Counsel Mr. S.N.Shukla.3. The case was originally fixed for hearing on 31.8.2005. Due to non-appearance of the learned Counsel for the applicant Mr. S.N.Shukla, the O.A. in question was dismissed for default. Subsequently,...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2007)(1)SLJ7CAT
1. This O.A. has been filed by the applicants against the order of the respondents dated 16.2.2005 (Annexurc-13) whereby they were reverted back to the post of PGT.2. The brief facts of the case is that the applicants had been duly appointed as Principal on the recommendation of the Selection Committee and the Competent Authority had approved the appointment of the applicants as Principal. The applicants were initially appointed in the Kendriya Vidyalaya Sangathan (in short KVS) as Post Graduate Teachers.As per the recruitment notice which was published in the Employment News by the KVS by which applications were invited for various posts including the post of Principal. Apart from mentioning essential qualification, the employment notice also stated that the KVS may hold a written test and thereafter call the candidates for interview on the basis of merit test for academic, professional and other qualification.It was also stated that the selected candidates are liable to be posted an...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. The applicants 12 in number are Assistant Divisional Medical Officers of Eastern Railway (ADMO) posted in different Divisions of the Eastern Railway. They have prayed for the following reliefs : (i) For a direction to the respondents to determine the seniority of the applicants after taking into consideration their entire service including their initial ad-hoc period which was subsequently regularised through the Union Public Service Commission; (ii) The Respondents may be directed to give promotion to the applicants with the senior scale of Divisional Medical Officers retrospectively from the date (s) of their ad /hoc/temporary joining on the post of Assistant Medical Officer (Grade-II); and 2. The applicants were appointed as Assistant Medical Officer (Grade-II) after being selected through the process of written examination followed by oral test conducted by a selection committee consisting of three Heads of Department viz; Chief Medical Officer, Chief Personnel Officer and a Me...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. Through this Review Application the applicants seek review of judgment dated 23.8.94, copy of which is Annexure P-1, in OA 180/CH/88, passed by this Tribunal. The applicants were appointed as Inspectors, Central Excise and Customs in 1972 and 1973 against direct quota. They plead that the appointment to the posts of Inspectors was, under the rules, 50% by promotion of Sub Inspectors, 25% by promotion from UDCs and other ministerial cadre and 25% by direct recruitment in the ratio of 2:1:1. In the year 1966, the Govt. appointed a Committee to consider the question of upgradation of the posts of Sub Inspectors as representations to that effect had been received, when a decision was taken to abolish the post of Sub Inspector and gave them options to join the post of LDCs etc. On the basis of the report of a Committee appointed to consider this, upgradation of all the posts of Sub Inspectors to the posts of Inspectors was decided throughout the country in different Collectorates under ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. This transfer Application has been registered on receipt of the Title Appeal No. 29/93 from the Court of II Additional District and Sessions Judge, Darbhanga. The Title Appeal No. 29/93 was preferred by the Plaintiff applicant against the judgment dated 29.1.77 and decree dated 4.2.77 passed by the II Additional Munsif, Darbhanga, in Title Suit No. 234/93 /11/75 dismissing the prayer of the plaintiff-Applicant for declaration of his dismissal order as void, illegal and mala fide and for his reinstatement in the service.2. The case has a chequred career. The plaintiff-applicant, Kameshwar Jha, was appointed as a Postal Clerk in Darbhanga Division on 28.12.1954. A criminal case was lodged against him for booking parcel of contraband articles on 6.7.59, and he was put under suspension. In this criminal case, a final form was submitted, but the suspension order passed against him was not revoked. Subsequently, an another criminal case was lodged against him with the allegation of submi...
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