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 ...
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1. By this OA, the applicant is challenging the order of his dismissal from Railway service dated 12.6.1998 issued by the Ad-hoc Disciplinary Authority, And Deputy Principal, Primary School, Eastern Railway, Jamalpur (respondent No. 4).2. The last post held by the applicant before his dismissal was that of Technician Fitting II, Eastern Railway, Jamalpur Workshop. He was convicted along with another accused on 3.9.1996 in a criminal case filed against them in the Court of Sub-Divisional Judicial Magistrate, Munger under Section 304 (A) IPC, and they were sentenced to undergo two years or rigorous imprisonment and to pay a fine of Rs. 2500/- to the family of the person whose death was caused by their negligence.They filed an appeal to the Sessions Court, and the appeal was dismissed on 16.8.1997 by the 3rd Addl. Sessions Judge to whom it was assigned. They filed a Criminal Revision to the Patna High Court, and on 14.1.1998 the High Court granted bail to them on a bail bond of Rs. 5000/...
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(i) To quash and set aside dismissal order No. SS/SPs/1/Part-I/C.K. Pandey dated 25.11.1991 (Annexure A/1). (ii) To quash and set aside the revisional order dated 14.12.1998 passed by respondent No. 1 and communicated by respondent no. 3 through letter dated 16.12.1998 as at Annexure-A/2. (iii) The respondent authorities be directed to reinstate the applicant to his original post. (iv) The respondents be directed to treat the entire period of suspension and dismissal from service as on duty for all purposes along with consequential benefits and 25% interest on pay and arrears.2. In brief, the case of the applicant is that while working as Office Superintendent Grade II (OS Grade II and while on duty on 15.11.1991 and 16.11.1991, an F.I.R. (Annexure-A/4) was lodged against him in GRP, Muzaffarpur on the alleged allegation that the applicant abused and assaulted on Shri Ajay Kumar, ASTE/Barauni Junction, N.E. Railway at about 11 A.M. on 15.11.1991. The F.I.R. was tried under Sections 14...
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1. The applicant, being an Ex-Teacher of the Eastern Railway, Danapur, is actually aggrieved of non-settlement of the retiral benefits, in finality, even after his retirement on superannuation on 31st August, 1989, and accordingly, he has sought for reliefs by way of direction to the respondents in following terms : (b) To release his DCRG along with interest from the date of withholding till the same is paid to him; (c) To pay him interest on the P.P. deductions from 1.9.1989to 11.7.1991 which has not been given to him together with interest for delayed payment; (d) To pay him notional compensation for the loss that he has suffered due to denial of post retirement benefits for a period of five years. (e) To pay him his transfer and packing allowances on superannuation as permissible according to the rules.2. Significantly, the applicant has nowhere quantified the provisional payment already made and the amount, together with the interest, which still remained to be settled. Correspon...
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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...
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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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1. This reference, under Section 26 of the Administrative Tribunals Act, 1985, arises out of a batch of seven cases, being OA No. 575/98 and Ors. (already referred to above), wherein, there was difference of opinion expressed by the Member (Administrative) and Member (Judicial) of a Division Bench of this Tribunal in the order dated 10th September, 1999. While disposing of all those OAs, the Member (Administrative) was of the opinion that those should be dismissed whereas, the Member (Judicial) expressed his opinion otherwise and, accordingly, by a common order dated 1 Oth September, 1999, the Division Bench made a reference to the Hon'ble Chairman under the aforesaid Section of the Act for disposal of these OAs by a Larger Bench. Therepupon, the Hon'blc Chairman, Central Administrative Tribunal, Principal Bench, New Delhi, by an order dated 04.11.1999 made a reference to this Bench and, accordingly, the matter was heard again with participation of all the parties, referred to above.2...
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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...
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1. The applicant, being an employee under the Eastern Railway, has filed the instant OA for direction upon the respondents Railway for refund of a total sum of Rs. 46,387/-, being the penal rent already realised from him during the period from 1stJuly, 1979 to 1st May, 1994, for his continued occupation and retention of the railway quarters bearing No 414/A, situate at New Colony, Post Office Road, Khagaul, Patna, under Danapur Division of Eastern Railway.2. The applicant's case, in short, is that while he was working on the post of Guard at Danapur, under Danapur Division of the Eastern Railway, he was allotted a railway quarters No. 414/A at Danapur with effect from 17th July, 1977. Subsequently, on 6th June 1979, the applicant was transferred from Danapur to Garhara, under the same Danapur Division of Eastern Railway. After lapse of a little more than two years, the applicant was transferred back from Garhara to Danapur, vide office order dated 31st December, 1981. There was yet an...
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(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...
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