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Judgment Search Results Home > Cases Phrase: national tax tribunal act 2005 Court: central administrative tribunal cat ernakulam Page 1 of about 162 results (0.126 seconds)

Dec 01 2011 (TRI)

i.S. Antony Cleetus Vs. Union of India, Represented by the Secretary, ...

Court : Central Administrative Tribunal CAT Ernakulam

..... of salary to the applicant; (ii) order directing the respondents to pay the applicant arrears of salary being a senior tax assistant with effect from 11.02.2005 and deputy office superintendent with effect from 01.10.2009 till his retirement on 30.06.2010; (iii) any other orders as this hon'ble tribunal deems fit and proper in the facts and circumstances in the case and also those are prayed for during the ..... although the appeal was disposed of under sections 3, 5 and 12 of the probation of offenders act by judgement dated 28.02.2005, the recommendation of the dpc was continued to be kept in sealed cover and the applicant had to retire ..... of litigation by the applicant who was by-passed on account of sealed cover procedure for promotion to the post of senior tax assistant/inspector and then as deputy office superintendent owing to a criminal case which was finally disposed of allowing the benefit under section 3 of the probation of offenders act,, vide order dated 28.02.2005. ..... " as per section 12 of the probation of offenders act, 1958, a person found guilty of an offence and dealt with under the provisions of section 3 of the said act as in the instant case, shall not suffer disqualification, if any, attaching to a conviction of ..... by the lower court to the appellants and set aside and instead the appellants are directed to be released by the lower court after due admonition under section 3 of the probation of offenders act and also under section 5 of the probation of offenders .....

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Mar 18 2010 (TRI)

Samuel Thomas and Others Vs. Union of India Represented by the Secreta ...

Court : Central Administrative Tribunal CAT Ernakulam

..... the respondents are directed to consider pre-dating the promotion of the applicants to the senior scale to 1.1.2005 and granting them all consequential benefits as given to shri s.k. ..... rule 7(3) of the recruitment rules specifies minimum qualifying service for promotion from the post of assistant commissioner of income tax to the assistant commissioner (senior scale)/deputy commissioner is four years. ..... to briefly state the facts of the case, the applicants who were income tax officers were promoted as assistant commissioners of income tax in 2001 against the vacancies of 1999 and 2000. ..... shri shukla was granted senior scale with effect from 1.1.2005 in compliance with the order of the jaipur bench of c.a.t. ..... the tribunal had allowed the o.a. ..... as decided by the tribunal in oa no. ..... shri shukla's promotion was pre-dated to 01.01.2005 by the authorities. ..... an assistant commissioner of income tax who has completed 4 years of regular service is entitled to be considered for promotion to the scale of rs. ..... 5885/2005 filed by the respondents therein against the said order was dismissed by the hon'ble high court of rajasthan. ..... besides that, learned counsel for the applicant referred to the rules known as indian revenue service rules, 1991, which govern the promotion from the post of ac income tax to ac (ss)/dc. .....

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Mar 29 2011 (TRI)

A.D Alexander and Others Vs. Union of India Represented by the Secreta ...

Court : Central Administrative Tribunal CAT Ernakulam

..... railways the a-9 order is illegal, perverse and not issued as per the law laid down by the supreme court and that the seniority lists issued are not in compliance with the directions in a-8 order of this tribunal, the contention of the respondent railways that there are no excess occupation of sc/st employees in the cadre of commercial clerks as on 10.2.1995 or after 10.2.1995 are false, untrue and the promotions effected from 1.4.1984 onwards ..... the strict sense the o.a has been filed as of a public interest litigation petition which is not provided under the administrative tribunal act. ..... the railway board has not issued any order providing 50% reservation to sc/st, they are entitled to only 15 / 7 1/2 % reservation respectively to the sc/st and that a series of seniority lists are issued in total violation of the directions of the tribunal in para 22 of annexure a-8 common judgment, that the apex court has laid down that the reservation to sc/st operates on posts i.e. ..... there is a specific prayer to quash instructions dated 8.3.2002 and 13.1.2005 as well, but there would be no need to do so as the same have been discussed in the case of railways itself in the matter of virpal singh cahuhan (supra), and ..... the hon'ble supreme court in the case of income tax officer, mangalore vs.damodhar (air 1969 sc 408) has held that in the absence of specific particulars in support of the allegations, it is not open to the court to go into ..... 'ble supreme court in income tax officer, mangalore vs. .....

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Jul 22 2010 (TRI)

M. Murugesan Vs. the Chief Commissioner of Income Tax and Others

Court : Central Administrative Tribunal CAT Ernakulam

..... since a reference has come from the assistant director, national commission for scheduled castes, thiruvananthapuram, a commissioner of income tax from the sc/st category was co-opted to the placement committee while considering your case in view of the fact the liaison officer for sc/st, shri v.k ..... 339 of 2010 was filed with this tribunal which was disposed of with a direction to the first respondent to consider the representation of the applicant and to take a decision ..... non-interference by this tribunal in the matter of the applicant's transfer from the present post should not preclude a sympathetic consideration of the applicant for a posting nearest to trivandrum, considering his approaching retirement and health problems. 9 ..... in the rejoinder the applicant submitted that just as two income tax officers were retained on medical grounds at trivandrum he also should have been retained. 6 ..... the respondents have considered the representation of the applicant in compliance with the direction given by this tribunal in oa no. ..... the joint commissioner of income tax, range-2, trivandrum, has stated in his letter dated 06.04.2010 at annexure a-11 that the health grounds pointed out by the applicant are very genuine ..... murugesan, income tax officer, ward-2(3), ..... the income tax officers who have been retained even after completion of more than 5 years continuously, cited by the applicant are more deserving than the applicant, their cases being cases of brain tuberculoma and cancer .....

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May 18 2010 (TRI)

P. Prabha Vs. Union of India, Represented by Its Secretary, Ministry o ...

Court : Central Administrative Tribunal CAT Ernakulam

..... for the above purpose, the government of kerala was requested by issuing letter dated 14.110.2005 and that was further reminded by reminders dated 21.04.2006, 23.05.2006, 21.09.2006, 04.12.2006 and 21.02.2007 and finally the state government as per their letter ..... if the prayer of the applicant is considered in this context, this tribunal has to direct the respondents to consider the two posts sanctioned by the central government, should be considered as deemed sanctioned with effect from ..... original application has been admitted by this tribunal and notice has been ordered to the respondents ..... that whatever be the lethargy or the laxity caused on the part of the official respondents to review the cadre strength, that by itself would not give any individual right to the applicant to approach this tribunal to issue any direction to the state govt. ..... as the applicant was included in the panel for the years 2005 and 2006 for selection to the post of indian police service by promotion, the applicant could have been appointed in the vacancy arising on review of the cadre strength, if the cadre review has been carried ..... it is an admitted fact before this tribunal that the name of the applicant was also included in the list prepared for selection to ips cadre for the year 2006, though it was completed only on 23.6.2008 and the select list prepared ..... the counsel further submits that as per the powers conferred by sub section 1 of section 3 of the all india services act, 1951, the central govt. .....

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Feb 05 2010 (TRI)

Shihabudheen C.A. and Others Vs. the Administrator Union Territory of ...

Court : Central Administrative Tribunal CAT Ernakulam

..... thus, according to the counsel for the applicant, the administrator cannot have any independent power to frame any rules or put forth any conditions of recruitment and in all his actions, he has to act within the framework of the constitution of india and in so far as reservation is concerned, since more than 50% reservation is not contemplated in any of the provisions, the notification, whereby reservation to scheduled tribes of lakshadweep islanders has been made ..... it might happen that in farflung and remote areas the population inhabiting those areas might, on account of their being out of the mainstream of national life and in view of conditions peculiar to and characteristical to them, need to be treated in a different way, some relaxation in this strict rule may become imperative. ..... 486/96 and 778/96 and other related cases which were allowed by the tribunal and thus, services of these contract basis non islander teachers were also regularized. 6. ..... 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 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. ..... thereafter, he has taken the tribunal to art. ..... 163/06 was filed and the tribunal in ma no. .....

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May 01 2009 (TRI)

E.N. Prabhakaran Vs. National Bureau of Plant Genetic Resources, Pusa ...

Court : Central Administrative Tribunal CAT Ernakulam

..... "driving licence", "motor vehicle" or "vehicle", "transport vehicle", "light motor vehicle", "goods carriage", "heavy goods vehicle" and "medium goods vehicle" have been defined in section 2 of the act as under: ""driving licence" (clause 10) means the licence issued by a competent authority under chapter ii authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; ..... on as the respondents had contended before the high court that the jurisdiction lies with the tribunal, the writ petition was closed and thus this oa came to be filed. ..... counsel for the applicant took the tribunal through the provisions of definitions of the term motor vehicle, articulated vehicle, light motor ..... description of the power tiller does not come under motor vehicle as per the provisions of the motor vehicles act 1988 or rule 2(v) of central motor vehicle rules. ..... according to them, they have acted strictly as per the directions given by the high court, vide its order at ..... 10-258/80/p.ii dated 9.5.2005 through which you were instructed to perform the duty of driving tractor, power tiller as well as other office vehicles as and when assigned to you by the officer-in-charge ..... (e) only sales tax for agricultural machinery applies to the power tiller and not as for ..... petitioner has any dispute as to the nature of the duties assigned to him then it is open to him to work out his remedies under the industrial disputes act." 5. .....

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Feb 24 2005 (TRI)

Dr. Sudha Sukumaran Vs. Indian Council of Agricultural

Court : Central Administrative Tribunal CAT Ernakulam

Reported in : (2005)(3)SLJ1CAT

..... be appropriate that we first deal with the argument that the application is not maintainable before this tribunal because the hon'ble high court of kerala has already dismissed the mfa filed against the finding and ..... annexure a.13 the report of the scrutiny committee starts with the following sentences: "the assistant director, national commission for scheduled castes and scheduled tribes, kerala lakshadweep in his letter dated 21.10.1998 informed government that a study ..... certificate by the government in terms of section 11 of the kerala scheduled castes and scheduled tribes (regulation of issue of community certificates) act, 1996 is unexceptionable and the hon'ble high court of kerala having dismissed the appeal against this order cancelling the certificate the applicant is ..... scrutiny committee's report.the order of termination of applicant's service being a service matter, the tribunal has jurisdiction to entertain and adjudicate this application challenging that order.11. ..... while matters stood so on the basis of some anonymous complaints the national commission for sc/st directed holding an anthropological investigation into the caste status of the applicant.the applicant was by notice dated 21.11.2000 (annexure a10) directed ..... the applicant merely because the scheduled caste certificate was cancelled by the government under section 11 of the kerala scheduled castes and scheduled tribes (regulation of issue of community certificate) act, 1996 is not at all justified.13. mr. o.v. .....

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Aug 04 2009 (TRI)

National Union of Bsnl Workers Vs. Bharath Sanchar Nigam Ltd., Sea Bra ...

Court : Central Administrative Tribunal CAT Ernakulam

..... for lack of jurisdiction under section 14 (1) of the administrative tribunals act, 1985, it was dismissed along with several other cases vide ext.p-9 common order dated 11.4.2005. ..... when the jurisdiction of bsnl was brought under this tribunal by the central government by way of a subsequent notification, the said writ petition was transferred to this tribunal under section 29(2) of administrative tribunals act, 1985 and numbered as t.a.no.127/08. 2. ..... when the said oa was dismissed for lack of jurisdiction, the results of these candidates who were admitted provisionally in compliance of the interim directions of this tribunal was not declared because their admission to the examination itself was nullified by the dismissal of the oa. ..... of persons eligible for appointment as junior accounts officers in the postal wing : (1) persons who have passed part i and part ii of the examination and have been transferred to the posts and telegraphs department under the act before the notified date shall be eligible for appointment as junior accounts officers in the postal wing in their turn, subject to availability of posts. ..... (4) persons who have passed part i of the examination and have been transferred to the posts and telegraphs department under the act shall be eligible to appear only for part ii of the departmental examination to be held for the postal wing and no such person shall be eligible to appear for part ii of the departmental examination to be held for the telecommunication wing. .....

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Apr 03 2009 (TRI)

C.N. Sukumari Antherjenam Vs. the Chief Commissioner of Income Tax Coc ...

Court : Central Administrative Tribunal CAT Ernakulam

..... in the reply statement the respondents have contended that the annexure a-3 order dated 20.12,2004 was only for ad hoc promotion to the post of income tax inspector for the year 2003-04 on the basis of instructions of cbot dated 20.1.2003 wherein it was specifically directed that promotion of the ministerial and stenographer cadres to be made in the ratio of 4:1. (r-1). ..... december, 1969 and amended in 8th september, 1986 ministerial cadre (consisting of supervisors grade-i and grade-ii, head clerks, tax assistants and upper division clerks) and stenographers cadre (consisting of stenographers grade-i,ii and iii) with 3 years service in the respective grade and who have qualified in the departmental examination for income tax inspectors shall be arranged in two separate lists and the vacancies in the promotion quota shall be filled from the ..... 515/2005 the tribunal directed the respondents to conduct review of the dpc meeting held on 15.1.2004 for promotion to 17 posts of inspectors in the ratio of 3:1. ..... the applicant entered service as ldc on 16.9.1965 in the income tax department at indore and got transferred to kerala on 1.4.1984. ..... i of the office of the additional commissioner of income tax thiruvalla range, is aggrieved by annexure a-1 dated 11.6.2007 and annexure a-2 dated 15.6.2007. 2. ..... she qualified in the income tax inspectors examination in 1990. ..... the issue relates to filling up of vacancies of inspector of income tax on ad hoc basis w.e.f. .....

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