Court : Central Administrative Tribunal CAT Ernakulam
..... of the powers conferred by section 97(1) read with section 97(2)(xxi) and 97(2-a) and section 17(2) of the esi act, the esi corporation made certain regulations called employees state insurance corporation (staff and conditions of service) regulations, 1959 with the approval of the central government in order to regulate recruitment, service conditions, superannuation and ..... .2.79. resolution no. v(14) appearing in the minutes of the standing committee meeting dated 28.5.79 (a-4) is a proposed amendment of regulations 8(1) of the esic (staff and conditions of service) regulations, 1959, empowering the standing committee to delegate the powers of the president under rule 9 of the ccs ( ..... was treated as a valid regulation in its totality. now that we have had occasion to consider the entire gamut of facts, we hold that the said amendment has not taken the final shape of a regulation and that therefore, the intended delegation, if at all possible, has not taken place. we have great reservation .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... b post. section 20 of the coconut development board act, 1979 read with regulation 18 of the coconut development board regulations, 1982, empowers the coconut development board to amend the regulations for recruitment of all categories of posts except new posts. 7. we have heard mr. t.c. govindaswamy, learned counsel for the applicant, mr.sunil ..... -b which was published in the gazette of india extra ordinary dated 09.04.2009 (annexure r-2). the same was subsequently extended to the officers and employees of the coconut development board vide annexure r-3 order dated 05.11.2009. according to the applicant, the composition of the departmental selection committee for the post ..... the interview board and thereafter he cannot turn around and challenge the composition of the selection committee on a later date. reliance was placed on madan lal vs. state of jandk, (1995) 3 scc 486. the appointment to the post of statistical assistant was only on the basis of overall performance of the candidates in .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... thinks fit, through a chief commissioner or a lieutenant-governor to be appointed by him or through the government of a neighbouring state:" and on amendment: "239. administration of union territories.--(1) save as otherwise provided by parliament by law, every union territory shall be administered by the president acting, to ..... regulations for the peace, progress and good government of the specified union territories. in exercise of this power, the president may make a regulation repealing or amending any act made by parliament or any existing law which is for the time being applicable to the union territory. the regulation when promulgated by the president ..... he has taken the tribunal to art. 239(1) of the constitution, which as it stood originally and after amendment to it reads as under:- "239 (1). subject to the other provisions of this part, a state specified in part c of the first schedule shall be administered by the president acting, to such extent as he .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the year 1991 is taken into account, then in the matter of determination on the question of promotion, some additional advantage could be available to the employees in the erstwhile state cadre, who have been considered for promotion to the indian police service. that apart when rules and regulations provide for certain things to be done at ..... concerned, the second last cadre review notification was notified in the year 2001. as such as per regulation 4(2) of the ips(cadre)rules, 1954, as amended in the year 2006, the next cadre review was ordinarily due in the year 2006. for the above purpose, the government of kerala was requested by issuing ..... non-cadre) has filed this original application for a direction to the first respondent to give effect to the indian police service (fixation of cadre strength) third amendment regulations, 2008 from 22.03.2006 and to convene a review selection committee for making selection against the posts enhanced by the quinquennial cadre review held for the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... purpose of the act. language of section 47 is plain and certain casting statutory obligation on the employer to protect an employee acquiring disability during service." 14. in bhagwan dass and another vs. punjab state electricity board; (2008)1 scc (lands) 242 the appellant therein like the applicant under compelling circumstances sought retirement from ..... this issues with the concurrence of the finance directorate of the ministry of railway." (no.p(r)11/p/vol.iii dated 30th june 2005) further amendment vide letter dated 7.12.2005 (annexure-11) made section 47(1) of the act applicable to totally incapacitated persons. that the railway board was ..... regarding. chapter xii of indian railway establishment manual, vol-i, 1989 incorporating the scheme for absorption in alternative employment of medically de-categorised staff has been amended pursuant to section 47 (1) of the persons with disabilities (equal opportunities protection of rights and full participation) act, 1995, vide acs no.77 issued .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... it is settled law that the continuing wrong, if any, with regard to the payment or fixation of salary or any allowance ends on the date when the employee superannuates from service. therefore, the oa is hit by the law of limitation. the applicants were given officiating promotion as dgms by the chief general manager, kerala ..... should, therefore, be considered with pragmatism in justice oriented approach rather than the technical detection of sufficient cause for explaining every day's delay. xxxxxxxxxx equally, the state cannot be put on the same footing as an individual. the individual would always be quick in taking the decision whether he would pursue the remedy by way ..... reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. " ii. in (2010) 12 scc 538, state of madhya pradesh vs. yogendra srivastava, it is observed by the hon'ble supreme court in paragraph 18 as follows:- "where the issue relates to payment or fixation .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... of law while exercising his jurisdiction under rule 37 of the rules." further, the apex court, in para-36 of the said judgment, while considering rule 37 of general insurance (conduct, discipline and appeal)rules, 1975, an analogous provision of rule 27 of the ccs (ccanda)rules, 1965 held that:- "the appellate authority, when the rules require ..... penalty order passed by the disciplinary authority. in this context the judgments of the apex court reported in 2006 (4)scc 713; in narinder mohan arya vs. united india insurance co.ltd, and 2008(3)scc 469; divisional forest officer, kothaguden and others vs. madhusudhan rao, are relevant. in the first case, the apex court held in ..... rules permitting the government employees to have a trade union or an organization to protect their grievance or to show protest against any order or action on the side of the employer and this is clear from the judgments of the apex court reported in air 1962 sc 1166; kameshwar prasad and others vs. state of bihar and .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the present case the high court has not even made any attempt to compare the nature of duties and responsibilities of the two sections of employees, one in the state secretariat and the other in the central secretariat. it has also ignored the basic principle that there are certain rules, regulations and executive instructions ..... "the postal department has inducted technology in postal operation in a big way and also introduced many new products. further the introduction of rural postal life insurance in the year 1995 has added additional responsibility on inspectors as they are given the task of marketing, promotion of new products, monitoring and liaison with ..... with multifarious duties in the counter, like booking of mos, rls, parcels, speed post mails besides post office savings bank and postal and rural postal life insurance work the ip has to carry out checks and balances by him through mail overseers to avoid any possible malpractices, deficient service delivery etc. to its .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the apex court had an occasion to deal with the question as to whether the status as civil servant conferred on the panchayat employees could be taken away by retrospective operation of amended law. this court held that the retrospective operation was arbitrary, unreasonable and unconstitutional on the following reasoning: "the law must satisfy ..... in the rules, especially when the retrospective effect extends over a long period as in this case.' (b) ex-capt. k.c. arora vs state of haryana: in this case, amendment to the punjab national emergency (concessions) rules, 1965, whereby the expression 'military service' was restricting the benefit of military service of defence service ..... cannot override the statutory provisions. in this regard, the following decisions of the apex court would be appropriate to be referred to:- (a) mannalal jain v. state of assam, (1962) 3 scr 936 wherein, the apex court has held as under:- we doubt the wisdom of issuing executive instructions in matters which are .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... c) to r1(c) in oa no. 697 of 2010 had been filed in this regard. as regards non regularization of temporary status employees for the past 17 years, the respondents deny the same stating that in january, 2008 also there were some regularization. the total number of posts (not vacancies as painted by the applicants) are 383 ..... the qualifications for group d had been such that most of the temporary status holders would be in a position to fulfill the requisite qualifications. however, after the amendment to the recruitment rules, the situation has drastically changed. the group d post has been converted in to group c post; the limited functional responsibility enlarged into what ..... , as a proforma party, its inclusion in the array of respondents is appropriate and as such, the said m.a. is rejected. 604/11 -do- applican amendment to oa allowed and t challenge against recruitment rules treated as withdrawn. 608/11 private for clarification of in view of order party interim order passed dated 04-10 .....
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