Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-30-2014
..... as guards during the period between 1980 and 1988. they felt aggrieved by the notifications dated december 5, 1988 whereby rule 2544 of the indian railways establishment code was amended and for the purpose of calculation of average emoluments the maximum limit in respect of running allowances was reduced from 75% to 45% in ..... and 14 of the said judgment are reproduced hereinbelow:- 13. recruitment to posts in mcd is governed by the delhi municipal corporation act, 1957 ('act' for short). section 90 of the act contemplates appointment of persons to either permanent posts or temporary posts. section 90(6) provides that the standing committee may on the recommendations ..... proceeded to make appointments. be that as it may. 13. recruitment to posts in mcd is governed by the delhi municipal corporation act, 1957 ('act' for short). section 90 of the act contemplates appointment of persons to either permanent posts or temporary posts. section 90(6) provides that the standing committee may on the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-09-2014
..... challenged before this tribunal and the same was allowed on the grounds that there was no proof of the delivery of the order and that the leave rules as amended w.e.f. 30.10.2004 would not have retrospective effect and stood to prejudicially affect the interest of the applicant. the respondents challenged the tribunals order before ..... in the facts and circumstances of the present case. 3. the case of the applicant, in very brief, is that he is an officer of 1989 batch of the indian forest service allocated to tripura cadre. during the course of his service, the applicant was kidnapped and sustained gun- shot injuries in his chest by the terrorist of the ..... 08.2007 was issued. on the same date, a communication was received from the applicant indicating his willingness to join his duties and requesting the respondent no.2 to act accordingly. when the applicant failed to join his duties, a show cause was issued to the applicant with a direction to join his parent cadre within thirty days .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-02-2014
..... october, 2004, we are inclined to agree with the views expressed by the central administrative tribunal, as confirmed by the high court, that having regard to the amended provisions of sub- rules (6) and (7) of rule 10, the review for modification or revocation of the order of suspension was required to be done ..... the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or ..... of suspension made by the comptroller and auditor-general in regard to a member of the indian audit and accounts service and in regard to an assistant accountant-general or equivalent (other than a regular member of the indian audit and accounts service), where the order of suspension is made by an authority lower than .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-30-2014
..... . per contra, the respondents vide their detailed counter and the additional affidavit, while denying the oa averments, would submit as follows: a). the present oa seeking to amend the seniority list of group `d employees which was issued in the year 1989, i.e., more than 20 years back, is hopelessly barred by the period of ..... satisfies the tribunal that he had sufficient cause for not making the application within such period. 9. thus, in terms of the provisions of the administrative tribunals act, 1985 an application has to be filed within the period prescribed above and there is a clear bar to admitting a belated application unless the applicant is able ..... made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the tribunal becomes exercisable under this act in respect of the matter to which such order relates ; and (b). no proceedings for the redressal of such grievance had been commenced before the said .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Feb-20-2014
..... das vs. usha rani banik and others [2006 (4) scc 78], this court made a reference to explanation added to order 47 by the code of civil procedure (amendment) act, 1976 and held : "in order to appreciate the scope of a review, section 114 cpc has to be read, but this section does not even adumbrate the ambit ..... 8.2012 is nowhere in challenge and has not even been appended to this ra. there is no order in the instant review application restraining the respondents from acting in any manner against the applicant. to the contrary, there is permission from the tribunal granted to the respondents to proceed against the applicant from the stage of ..... meantime, the respondents had proceeded to pass another order dated 17.8.2012 of compulsory retirement against him, when the matter was pending consideration before the tribunal. this act on the part of the respondents is contumacious of the tribunal and, therefore they deserve to be proceeded with. 6. on the other hand, the learned counsel appearing .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-09-2014
..... 15. we have reconsidered the aforesaid issues untrammeled by the earlier observations/findings of coordinate bench of this tribunal. in our considered view, without carrying out the necessary amendments in the rbsss rules, 1971, the executive instructions to that effect will only remain as executive instructions and it will not partake the character of statutory rules. by ..... the central administrative tribunal, ahmedabad in transfer application no. 263 of 1986 dated 14-8-1987, by means of an application under s. 19 of the act wherein there was no prayer for setting aside the judgment dated 14-8-1987 of the administrative tribunal. it is true that the judgment given by the central ..... mishra and ors. 1987 (supp.) scc 257 is different. in the said judgment the apex court held that while merger or bifurcation of a cadre is an executive act, the govt. has to take steps for framing proper rules. again, when the conditions of service are changed, the proviso to article 309 of the constitution would .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Mar-25-2014
..... /scheduled tribes order, 1950, it was reiterated. a slight modification was made in that behalf by the presidential notification dated 29-10-1956. in the 1976 amendment act, there is no substantial change except removing the area restriction. thus mahadeo koli, a scheduled tribe continued to be a scheduled tribe even after independence. the ..... against a seat reserved for scheduled caste on the basis of caste certificate obtained by him. he was subsequently promoted and included in the cadre of indian police service (ips). the government of kerala on the basis of a complaint received, ordered a full fledged anthropological inquiry into the caste status of the ..... of conduct regulated from time to time with their own rich cultural heritage, mode of worship and cultural ethos. the constitution guarantees to them, who are also indian citizens, equality before law and the equal protection of law. though articles 14 and 15(1) prohibit discrimination among citizens on certain grounds, article 15(4 .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-28-2014
..... clarification no.(ii) issued thereon should not have been pressed into service by the respondents while considering the applicants claim for additional to and fro fare. as per the amended provision, an employee is entitled to an additional fare by the entitled class for both onward and return journeys, in addition to the normal transfer t.a. entitlement, ..... applicants claim for additional to and fro fare was required to be considered in terms of paragraph 7 of annexure to the o.m. dated 24.11.1986 as amended vide the ministry of finance, department of expenditure, o.m.no.19030/1/2006-e.iv dated 6.2.2006 read with corrigendum no. 19030/1/2006-e. ..... the respondents, instead of settling his transfer ta bill, made frivolous reference to the vigilance section of the applicants parent department and asked for information under r.t.i act through third party to delay the final settlement of his transfer t.a.bill. however, presumably when the t.t.a.bill was being settled sometimes in november 2009, .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-16-2014
..... it will be justified to give retrospective effect to reintroduction of the note below schedule-iii with effect from 12th october, 1991, the date the indian information service (group a?) amendment rules, 1991 had come into force. further, the said provision in the revised format was to be introduced from the 25th march, 1996, the ..... the constitution bench in m. nagaraj (supra) is a categorical imperative. the stand that the constitutional amendments have facilitated the reservation in promotion with consequential seniority and have given the stamp of approval to the act and the rules cannot withstand close scrutiny inasmuch as the constitution bench has clearly opined that articles 16( ..... . as seniority and promotion have a close nexus, the seniority of the applicant stands to be permanently affected for rest of her service career by this act. the respondent no.1 had committed a grievous wrong by submitting a proposal to the respondent no.3 on the basis of illegal seniority list wherein the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-29-2014
..... in csd. 3. in view of the above, please advise/clarify explicitly in this case whether the requirement of integrity certificate has been waived-off by mod and necessary amendment issued accordingly. if so, please forward copy of the same. sd/ (s k sood) joint general manager-ii for general manager 62. still, in view of the ..... devi (3) and others (2006) 4 scc 1, in which in para-43 the constitution bench of the honble apex court has held that the high courts acting under article 226 of the constitution of india, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms ..... been submitted by the private respondent no.r-4 personally to the office of csd. d). that the kpt is an autonomous body constituted under the major port trust act, 1963, functioning under the control of the ministry of surface transport, govt. of india. e). that as per the certificate produced by the private respondent no.r- .....
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