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Surender Nath Dass S/O Shri Bhagat Vs. Union of India (Uoi) Through (t ...

Court : Central Administrative Tribunal CAT Delhi

..... on the contrary, he had gone to his native state orissa. ..... after acquittal in criminal case in october, 1985, though applicant has stated he had represented but perusal of representation dated 21.1.1986 shows there is no acknowledgement and respondents have specifically denied having received any appeal/representation, therefore, it is wrong to suggest he had given any representation. ..... however it needs to be recorded here that respondents have specifically stated that dies non would not amount to break in service in para-28, therefore, this needs to be clarified.18. ..... on the contrary, oa was disposed of because applicant's appeal was stated to be pending with the respondents with a direction to consider his appeal and pass reasoned order. ..... even now he has not challenged order dated 1.1.2007 before the next authority since he has not filed any appeal or representation, it cannot be stated he has availed all the remedies. ..... they have categorically stated that no appeal against dismissal was received either by hand or by post, therefore, applicant cannot compare himself with bhagwan singh because in his case there were definite direction whereas applicant sat idle for 23 years ..... they have further stated that applicant was dealt with in departmental enquiry for unauthorized absence earlier also in 1981, 1983 and also for smoking in shed premises in 1983, therefore, it is working to suggest he had unblemished service ..... applicant has also stated that his pay has been fixed at the lowest at rs .....

Ram Hans Subodh Vs. Government of Nct of Delhi Through Its Chief Secre ...

Court : Central Administrative Tribunal CAT Delhi

..... head of the school (hos) vide letters dated 10.12.2004 and 17.12.2005; (iii) in spite of issue of memorandum dated 30.05.2005 by the hos to his residential address through courier service and by the deputy director of education to his native address on 01.06.2005 and one more memo dated 14.06.2005 by the hos, he neither submitted any reply nor joined his duty. ..... since the charges were held as proved against the applicant it was within the right of the respondent aa to have passed an order stating that no salary would be admissible to the applicant during the period of his absence from the date of removal till the date of reinstatement. 9. ..... as regards denial of reasonable opportunity the respondents have stated that many notices were sent to him by the io in his residential address at delhi as well as in his native village address without any effect. ..... the respondents have categorically stated that no intimation about his absence or medical indisposition had been given to the principal of the school before he absented from duty. ..... subsequently, he passed the order stating that the period of absence of the applicant from the date of removal till his reinstatement would be treated as on duty but no salary would be paid to him. 3. ..... the respondents have stated that the case of the applicant is that of chronic absenteeism without prior intimation and prior sanction of leave. ..... gaur, agra stating that the applicant was under opd treatment with him from 01.07.2005 to 05.02.2007. .....

Mahadev Prasad Tyagi and ors. Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2005)(3)SLJ339CAT

..... it is submitted by the applicant who is the father of deceased employee that after his son was discharged from hospital, he took him to uttranchal at his native place along with the small children and even the department had addressed their letters to the applicant at his address of uttranchal (page 23). ..... we would also like the refer to rule 107 where power to relax has been given in chapter xii and it is stated that where the pension sanctioning authority is satisfied that the operation of any of these rules causes undue hardship in any particular case, that authority may for reasons to be recorded in writing approach the ministry of railways ..... as far as compassionate appointment for the son of shri munish kumar tyagi is concerned, respondents have already stated in para 1 (iii) that the children of the deceased shall become major on 3.5.2008 and 20.5.2009 so that the case of their appointment shall be considered on their becoming major as per rules if they apply within the prescribed ..... coming to the second point regarding invalid pension, respondents have stated that since the applicant had put in only 7 years 9 months and 22 days even after adding the period of his sickness, he would not be entitled to any ..... had been in coma since 23.11.1992, respondents had to explain how did they hand over the possession of quarter to a person, who was in coma in april, 1993 as that is the starting point from which the respondents state the rent had not been paid by the deceased employee. .....

Kuldeep Arya Vs. Union of India Through Secretary to Government, New D ...

Court : Central Administrative Tribunal CAT Delhi

..... the total vacancies so decided are distributed amongst the various cadres as per following formula devised by a committee constituted for the purpose: (i) 50% vacancies in proportion to the number of districts in a particular state to that of total number of districts; and (ii) 50% vacancies in proportion to cadre deficit (cadre gap as on 1st january of the year plus number of direct recruit ias officers likely to retire ..... public service commission as per paragraph 5 of cap-2008 and the same is as follows: the candidates shall give their choice in the order of their preference from amongst the various state cadres including his home cadre / state and if a candidate does not give any preference for any of the cadre(s), it will be presumed that he has no specific preference for those cadre(s). ..... maintaining 200-point roster is to ensure equitable representation to various categories but that does not mean to exactly implement the policy of reservation at the level of cadre i.e at the state / joint cadre level as it would not be possible to achieve simultaneously the prescribed percentage of reservation in the intake both at the level of country and at the level ..... the indian administrative service (cadre) rules, 1954, the roster system laid down for allocation of officers including scheduled caste and scheduled tribe officers amongst states has stood the test of time and providing for equitable allocation of scheduled caste and tribe officers is held as just, and allocation to home .....

Dr. Ranjan Chandra Vs. the Secretary to the Government of

Court : Central Administrative Tribunal CAT Delhi

..... accordingly, we set aside the directions issued by the division bench of the high court and confirm those of the single judge and direct th state government of j&k to notify the vacancies to the psc which would process and complete the selection, as early as possible, within a period of six months from the date of the receipt of this order ..... thus considered, we have no hesitation to hold that the direction of the division bench is clearly illegal and the learned single judge is right in directing the state government to notify the vacancies to the psc and the psc should advertise and make recruitment of the candidates in accordance with the rules. 12. ..... in case any of the respondents are barred by age, the state government is directed to consider the cases for necessary relaxation under rule 9 (3) of the age qualification ..... in the subordinate courts in karnataka state without consultation of the psc are not valid appointments, exercising the power under article 142, directed that their appointments as a regular, on humanitarian grounds, since theyhave put in more than 10years ..... will also be pertinent here to note the judgment of the hon'ble supreme court in state of bihar and ors. v. ..... appeal is accordingly, dismissed and the state appeal is also dismissed. ..... to sum up it may stated that the ad hoc appointment followed by regularization in the same post would not count towards seniority in case the ad hoc appointment was not made by following the procedure laid down by rules and was .....

Ms. Arti Lal Vs. Union of India Secretary to the Government of India a ...

Court : Central Administrative Tribunal CAT Delhi

..... his home cadre, an exchange would be resorted to whereby the allocation of such candidate would be swapped with the cadre allotted to the first candidate above him in the list whose home state and allotted cadre are different. 10. at this stage we may refer to the relevant constitutional, statutory and policy provisions as also the well settled position in law in respect of the ..... in place of the second respondent, it is contended that the 2nd respondent has given his 1st preference for up cadre and he belonging to the sc category and up being his home state and no other successful insider sc candidate from up stae above him in the merit list having given the 1st preference, the 2nd respondent has been rightly allotted the up cadre. ..... total vacancies so decided are distributed amongst the various cadres as per following formula devised by a committee constituted for the purpose: (i) 50% vacancies in proportion to the number of districts in a particular state to that of total number of districts; and (ii) 50% vacancies in proportion to cadre deficit (cadre gap as on 1st january of the year plus number of direct recruit ias officers likely ..... point roster is to ensure equitable representation to various categories but that does not mean to exactly implement the policy of reservation at the level of cadre i.e at the state / joint cadre level as it would not be possible to achieve simultaneously the prescribed percentage of reservation in the intake both at the level of country and at .....

Sobran Singh S/O Late Sh. Behari Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... on various averments made in the main application, have argued that reference has been made in the counter reply to certain decisions of the apex court in the case of compassionate appointments.in this connection, applicants have stated that each case of compassionate appointment has its own individuality based on the facts and grounds supporting it. ..... have further contended that in para 6 of its circular dated 29.09.1989, it is stated that cases should be considered strictly in accordance with merit. ..... the respondents, in their preliminary objections, have stated that it is settled law that the appointment on compassionate grounds is not a rule but an exception and such appointment can be made only if some scheme exists under the employer and subject to availability of vacancies ..... retiree also possessed 2 acres of cultivable land besides owning pakka house in his native village chhatikara, mathura.13. ..... (supra), has little merit in view of the judgment of the hon'ble apex court in the case of state of karnataka and ors. v. s.m. ..... the applicants have stated that in addition to the few cases aforementioned, a list was released by ..... been able to survive for a substantial period of time, there is no necessity to give compassionate appointment and to show favour to one at the cost of interest of several others, including the mandate of article 14 of the constitution of india state of j&k and ors. v. ..... he further stated that the order dated 20.12.1995 (supra) rejecting the application of the .....

Shri Virender Kumar Mehta S/O Late Vs. Union of India (Uoi) Through It ...

Court : Central Administrative Tribunal CAT Delhi

..... emergent situations but if there is no intention to notify any statutory character, under article 309 proviso, draft rules cannot exclude the jurisdiction of the competent authority to regulate service conditions by executive instructions.accordingly, it is stated that when circulars of 1981 and 1988 and also the bylaws are in vogue, adoption of a different criteria would not be in consonance with law.18. ..... rao, learned counsel for respondents vehemently opposed the contentions and stated that in ganga lal sharma's case (supra) the criteria of ad hoc when commented upon by the tribunal and as affirmed by the high court, envisaged seniority-cum-fitness criteria to be adopted and with a view ..... referring to the note of icmr dated 8.11.2001, it is stated that the same was the method for filling up the post of ao, which was restricted to the current financial year 2001-02, as such, this would not have any ..... as such, as per the om of 18.3.1998 where it is stated that when there are two feeder grades for promotional posts, government is free to ..... learned counsel has stated that as the recruitment rules circulated are still subject to the approval of ministry of health & family welfare, the eligible persons shall be arranged in the order of ..... accordingly, it is stated that the ratio of 4:1 cannot be countenanced as the draft recruitment rules, which are yet to be finalized by the competent authority, the only instruction was the erstwhile decision taken by icmr in circulars of 1981 and .....

Jas Ram Kaim and Another Vs. Municipal Corporation of Delhi Through It ...

Court : Central Administrative Tribunal CAT Delhi

..... recruitment rules for the post of deo were pending for approval for nearly 13 years, and it was the case of the applicant that the respondent could not be justified in keeping the applicant in a state of suspended animation, because of the flagrant negligence on the part of the respondent in not taking any action to notify the recruitment rules. ..... learned counsel for the petitioners states that the mandamus issued by the tribunal has not been complied with within the time granted by the tribunal and thus today a fresh cause of action has accrued to the petitioners to predicate the claim ..... it was, however, stated that the regular promotion would not be from retrospective effect. ..... needless to state the petitioners would be entitled to be considered for promotion under the recruitment rules which were finalized and were in force when the petitioners approached the tribunal. ..... counsel states that in that view of the matter the petitioners be given liberty to withdraw the writ petitions with a clarification that the new right which has come into force in favour of the petitioners would afford a fresh ..... the state of punjab and others, air 1999 sc 3471]. .....

R.K. Mann and Others Vs. Union of India and Others

Court : Central Administrative Tribunal CAT Delhi

..... in light of above, though there is specific resistance on part of the respondents counsel, who states that necessary parties have not been made, as the applicants are batch of the candidates who are identically situated, cannot deprived of the dicta in m.s. ..... the respondent-mcd has filed its reply stating that it has already taken necessary action to promote the assistant malaria inspectors in accordance with the existing recruitment rules. ..... yadavs case to the applicants as well and their claim be accordingly on the methodology stated in m.s.yadavs case shall processed. 5. .....