Court : Central Administrative Tribunal CAT Ernakulam
..... iii)to grant such other relief or reliefs which this hon'ble tribunal may deem fit and necessary in the circumstances of the case. 3. ..... the applicant has filed his rejoinder in which he has contended that according to the qualifications possessed by him he should have been considered for the post of tax assistant and the same was not done when two vacancies were available. ..... nevertheless, the reason for non-consideration has been given by the respondents that they were awaiting the outcome of final decision of the tribunal and the high court in two different cases. ..... as regards consideration for three years, the respondents have acted meticulously as could be seen from the minutes of the meeting furnished by them. 10. ..... though the applicant possesses qualifications which may suit as for a tax assistant, there is no compulsion in this regard that he should have been considered for the said post. ..... the applicant immediately approached the hon'ble high court by way of a writ petition which however was disposed of with liberty to move the matter before this tribunal. ..... 423 of 2006 and wp(c) 10432 of 2005. ..... he had once again emphasised that the applicant's case was not considered for the post of tax assistant. 7. ..... they did concede that the applicant's case was not considered when there were two vacancies of tax assistant. ..... ii) to direct the 1st and 2nd respondents to consider the claim of the applicant for an appointment on compassionate grounds in any post preferably in the cadre of tax assistant. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... act to have tax planning, and claimed corresponding refund from the i.t ..... applicant's challenge against the order of compulsory retirement before the tribunal in o.a. ..... , no one can be permitted to take advantage of his own mistake, vide rekha mukherjee vs ashok kumar das (2005) 3 scc 427. 15. ..... by an order dated 05-04-2005, the respondents had set aside their earlier order of compulsory retirement ..... is from this amount that element of tax deducted at source was made and the grievance of the applicant is that the respondents ought to have acceded to the request of the applicant for deduction of gpf from the arrears, in which event, a sum of rs.52,584/- need not have been deducted as tax at source. ..... was ordered vide order dated 26-11-2005. ..... the receipt of the certified copy of the judgment, the first action taken was to set aside the order of compulsory retirement, and the same was passed on 05-04-2005. ..... a direction to the respondents regarding his promotion to the next higher post and the high court gave three months' time to the respondents for consideration of the same, vide judgment dated 30th august 2005. ..... fixation order was issued on 26th november 2005. ..... a provision for contribution to the provident fund, the respondents have failed to accede to the request of the applicant for crediting some of the arrears in the provident fund consequent to which, a considerable amount had to be deducted as tax at source. ..... act or for that matter indicate his intention to deposit some amount in the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the applicant is the widow of late p.sivadasan who died in harness on 27.11.2005 while working as senior tax assistant in the office of respondent department. ..... in compliance with a direction of this tribunal the respondents furnished a statement of sanctioned strength and working strength in group-d cadre and their retirement/death details.. ..... in response to a clarification sought by the tribunal it is submitted that 19 applications were received after the date of receipt of application from the applicant. ..... under rti act the applicant sought certain information to which she was informed that there was no vacancy for the years 2005-06 and 2006-07 for compassionate appointment and that there were only five vacancies for the year 2004-05 and 2 each for the years 2007-08 and 2008-09. ..... since the applicant was not a graduate, she could not be considered for appointment as tax assistant. ..... thus all the vacancies up to 2008 have been filled up by giving appointment to 4 applicants as tax assistants. ..... the applicant submitted her application for compassionate appointment on 16.12.2005. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... 595 of 2005 of the principal bench, decided on 4th january, 2008, wherein the question of jurisdiction was analyzed extensively and the tribunal had come to the conclusion that the tribunal does enjoy jurisdiction under sec. ..... (iii) any other order as this hon'ble tribunal may deem fit and proper on the facts and in the circumstances of the case." 6. ..... the principle will hold good irrespective of whether the power conferred on a statutory body or tribunal is administrative or quasi- judicial. " 16. ..... thus, jurisdiction of this tribunal has been crystallized. 12. ..... in the case of sahara india (firm) lucknow vs commissioner of income tax, the apex court has held as under:- "15. ..... 1030/99 culminated to supreme court level and there has been no objection over the jurisdiction of this tribunal in that regard. ..... in other words principle of natural justice is attracted where there is some right which is likely to be affected by any act of the administration including a legitimate expectation. ..... the old distinction between a judicial act and an administrative act has withered away. ..... therefore, the principle implies a duty to act fairly i.e. ..... 660 of 2005 relates to the same individual and in the said case also, the guidelines as the one filed in the present oa had been filed by the respondents and the case is almost identical to the facts of this case, ..... act, 1985. ..... 660 of 2005 9. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... after referring to the above case, cited a recent decision of the apex court in the case of radhey shyam gupta vs punjab national bank (2009) 1 scc 376 wherein the life span of the character of dcrg money is extended. ..... for the applicant further argued that in their counter, the respondents have relied upon the decision of the kerala high court in the case of manni vs divisional forest officer wherein, the act of the authorized officer in recovering the dues from dcrg in respect of liabilities towards ksfe had been held valid. ..... so far as the decision in the case of radhey shyam gupta (supra) is concerned, the same too relates to a nationalized bank which is not governed by the ccs(pension) rules, 1972. ..... is whether the same could be stultified by the applicant taking shelter under the protection available under the pension rules and whether the tribunal could be a party for breach of such contract. ..... arrears of licence fee, if any; (b) dues other than those pertaining to government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductible at source under the income tax act, 1961 (43 of 1961)." 9. ..... under section 7 read with section 19 and 80 of the revenue recovery act for issue of prohibitory orders by the authorized officer. ..... if it were that the said revenue recovery act contained a non-obstanti clause, it could perhaps be possible to contend such an order by the authorized .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... gopal chandra misra(1978) 2 scc 301 wherein the apex court has held that a complete and effective act of resigning an office is one which severs the link of the resigner with his office and terminates its tenure. ..... " (d) in punjab national bank v. p.k. ..... in view of the fact that the act on the part of the respondents in not permitting him to resume duty on 20th january 2009 on the ground that his resignation had already been accepted and he was relieved of his duties after duty hours on 09-01-2009 is to be ..... ) in relation to an office, resignation connotes the act of giving up or relinquishing the office. ..... ,(2005) 8 scc 314 : in this case, the apex court has defined the term, "resignation" in the following words: 12. ..... 2005(8) scc 314 8. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... annexures a-21 and a-22 were in fact issued in the year 1999 prior to the supplementary qualifying cum competitive examination held in pursuance to the order of this tribunal in oa 91 of 1999 and the interim order of the hon'ble high court. ..... b) they have further submitted that the various observations of the tribunal are with respect to the seniority of those who have already qualified in the departmental qualifying examination ..... it was also contended on behalf of the respondents before the tribunal, and is also reiterated here, that the respondents are entitled to reckon their seniority from 1970 and 1971 as they were appointed against the vacancies of those ..... 1497/1996 and the same was allowed by the tribunal vide annexure a-18 order dated 01st may 1998, directing the respondents to hold a combined departmental examination, both qualifying as well as competitive for the years 1992-96 (precisely up to 22nd july 1996) within a stipulated ..... 1 had contended as under:- a) as per order of this tribunal dated 1.5.1998 an examination was held for filling up of vacancies for the year 1994-95, 1995-96 and 1996-97 and jtos appointed for the vacancies up to the year 1993 were eligible for appearing in the ..... later by yet another order dated 11.2.2005, this court directed to effect promotions of the candidates who had come successful in the examination depending upon the vacancies ..... r3 order dated 22.3.2005 had been passed stating that certain incumbents named therein were entitled for promotion .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... that the hotel authorities did not reflect the amount of rs.99,550/- as per the report of the commercial tax department cannot mean that they would not have received the said amount. ..... this had forced the applicant to write to the corporation of cochin under the right to information act in respect of the status of the hotel as to whether it enjoyed the licence to conduct lodging business. ..... in the course of hearing the tribunal wanted to know whether the amount of rs.99,550/- stated to have been paid to the hotel was paid in one lumpsum or in installment. ..... vide annexure r-1 dated 2.2.2010 the office of the deputy commissioner, commercial taxes, ernakulam had in response to the query raised by the respondents stated that the particular bill no.22 has not been seen accounted in the relevant year. 3. ..... time was sought by the applicant to furnish the details but when he approached the hotel he was informed that the records were seized by the commercial tax authorities and as such they could not furnish any further details. ..... the applicant's constant efforts in obtaining the information through rti act regarding the possession of license and registration by the hotel where he stayed confirms that he has been sincerely taking steps to make good the deficiency that has been pointed out in the bill produced by the ..... the details of license fee paid right from 2005 have been mentioned in the said communication dated 4.5.2011. 7. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... it must be borne in mind that annexure a-1 was issued in the light of agreement in the 2nd meeting of national council held on 28.05.2003 which conveys the decision of the bsnl in annexure a-2, government of india considered the decision so taken and specifically accorded approval stating that the under secretary has been directed to state that ..... by virtue of section 19 (4) of the at act, where an application has been admitted by a tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject matter of such application pending immediately before such admission shall abate and save as otherwise directed by the tribunal, no appeal or representation in relation to such matter thereafter be entertained under such rules. ..... the same is issued by the bsnl and proceedings is the outcome of the 2nd meeting of national council held on 28.05.2003, on the demand relating to time bound promotions to grade iv. ..... annexure a-3 is the true copy of the order dated 29.03.2005 issued by the deputy general manager (admn). ..... besides annexure r-1 (5) was issued during the pendency of the oa and as per section 19 (4) of a.t.act, it has been abated. ..... it is contended by the applicants that annexure r-1 (5) is thus abated by virtue of provisions under section 19 (4) of at act. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
the applicant has filed this original application under section 19 of the administrative tribunals act, 1985 seeking an order to quash the annexure a-2 letter dated 14.12.2007, annexure a-1 letter dated 26.2.2009 and annexure a-3 letter dated 24.7.2009. ..... /hq and sec to cme to show that the respondents were planning to hamper his promotional prospects by nominating him for the training programme on managing work effectively, a behavioral approach at work scheduled from 20.7.2009 to 23.7.2009 at v.v.giri national labour institute campus, noida. ..... he once again submitted his resignation letter on 11.1.2005 but the same was also not accepted as the director has restricted powers for accepting the resignation of a probationer. .....
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