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Yogender Singh, Ex. Constable Vs. Commissioner of Police,

Court : Central Administrative Tribunal CAT Delhi

..... at the footnote of the memorandum of appeal it is also mentioned that medical certificates are enclosed.perusal of the order passed by the appellate authority would, however, show that when the applicant was heard in person, he stated that he could not resume his duties because of his illness and marriage of brother and sister. ..... of absence of arrival day hours mints the applicant was issued 17 absentee notices at his native place with direction to resume duty at once and in case he was ill, to report to cmo, civil hospital, distt. .....

A.N. Gupta Vs. Union of India Through the Secretary and Another

Court : Central Administrative Tribunal CAT Delhi

..... 2 in the impugned order dated 22.11.2011 wherein it has been stated that further two years retention of the applicant in bangalore from 09.04.2010 was necessary but unfortunately the respondent no. ..... it is also seen that the respondents themselves have stated that one post of superintendent has been sanctioned in the bangalore branch of the respondent no.2 and the same is required to be filled up. ..... as his request was not granted, he had to proceed on leave and remain at his native place for some time. ..... in my considered view, such a state of affairs is the creation of the respondents themselves to frustrate the case of the applicant. ..... they have also stated that with the reorganization and augmentation of staff strength, one post of superintendent has been sanctioned for the bangalore branch and the same has to be filled up now and the udcs with four years ..... he has further relied upon the judgment of the apex court in state bank of india vs. ..... he specifically stated that he was unwell and his health was deteriorating. .....

Tara Chand Sharma Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

..... gangwani, learned counsel for the respondents, stated that as per the order of this tribunal in oa no. ..... 678/2006 has recorded that it is an admitted fact that the applicant has settled down in his native place, i.e. ..... learned counsel stated that the contention of the respondents, in their letter dated 23.02.2007, that the cases of v.k. .....

Shri Kishan Pal Singh S/O Shri Vs. Govt. of Nct of Delhi Through Chief

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2007)(3)SLJ54CAT

..... and ultimately filled up an undertaking on 20.1.2003 whereby disclosure of antecedents had been sought regarding particulars of the criminal case where it has been stated by the applicant that neither he has been proceeded against in any criminal case nor was any such case proceeded against and he was never arrested ..... the present case, initially the complaint of harassment and demand of dowry was made by the wife of applicant's brother but nothing incriminating has been stated against the applicant by the trial court.as a result thereof, trial court clearly ruled that the prosecution has miserably failed to prove the charge and acquitted ..... shows that the candidate is required to indicate as to whether he has ever been convicted by a court of law or detained under any state/central preventive detention laws for any offences whether such conviction is sustained or set aside by the appellate court, if appealed against. ..... on the other hand, shri ajesh luthra, learned counsel appearing for the respondents vehemently opposed the contentions and stated that in the application form filled up in april 2002, applicant has deliberately concealed the fact of his ..... as regards calling of the particulars from the applicant pertaining to the criminal case and further processing his case, it is stated that this should not be viewed as his further process of appointment but further processing for appropriate action against him for his deliberate ..... voiding a conviction operates from nativity. 38. .....

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 .....

Vijay Dhankar and Others Vs. Chief Secretary, Govt. of Nct of Delhi 9t ...

Court : Central Administrative Tribunal CAT Delhi

..... constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state: provided that it shall be competent for the president or such person as he may direct in the case of services and posts in connection with the affairs of the union, and for the governor ..... (***) of a state or such person as he may direct in the case of services and posts in connection with the affairs of the state, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under ..... departmental committees making selection, and the upsc was not involved in making the selection and the tribunal also decided that the contractual appointees cannot be stated as a separate bloc and the upsc cannot be directed to consider their claims wholly on the basis of their performance in ad hoc service and the oa no. ..... prior to considering the point of inclusion of ad hoc/contractual appointed doctors in the initial constitution of the cadre, it will be material to state and it was also argued by the learned advocate for the applicants that various letters were written by the government of nct of delhi on 9.12.2010, 10.5.2010 and 17.6.2010 to .....

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]. .....

Shri V.K. Sinha, Secretary Vs. Shri Brahm Dutt, Secretary,

Court : Central Administrative Tribunal CAT Delhi

..... ii) replacement of existing level crossings on non nhdp sections of national highways network with robs/rubs in a phased manner on cost sharing basis with the ministry of railways through state pwds/bro.it is the submission of the counsel mr. .....

Rakesh Ranjan Singh and Others Vs. Union of India Through Secretary, M ...

Court : Central Administrative Tribunal CAT Delhi

..... it is averred that it would be clear from the plain reading of the circular, particularly para 2 thereof, that the examination would be held in the states mentioned in the circular, and the regional provident fund commissioners of the regions are to notify the vacancies and invite applications from eligible candidates, and that it is nowhere mentioned in the circular that the ..... regional provident fund commissioners of the erstwhile regions where the seniority/vacancy details of the states were being maintained were requested to notify the vacancies and invite applications from eligible candidates. ..... respondents, for promotion to the post of eo/ao, issued a letter dated 01.09.2009, for holding of the examination, which was to be held in the states mentioned in annexure-i, for filling up the number of vacancies mentioned therein under each category. ..... it is the case of the applicants that in the concerned letter, it has been clearly stated that applications would be collected by the regional pf commissioner and thereafter the same would be sent to the regional provident fund commissioner (exam), head office, new delhi, the third respondent arrayed in the oa, for ..... taken by the respondents that the said post has always been a regional post is stated to be incorrect and an attempt on their part to mislead this tribunal. ..... filling up the posts falling under the examination quota is stated to be akin to that of direct recruitment and seniority should be determined as per general principles of .....

Susheel Kumar Singh Vs. Union of India Through the Additional Secretar ...

Court : Central Administrative Tribunal CAT Delhi

..... the case was heard on 10.10.2011 and the following orders were passed:- i have perused the impugned order wherein it has been categorically stated that the applicant being junior most in his grade, has been transferred vide impugned order and as such there is no violation of the transfer ..... abbas (air 1993 sc 2444) and airport authority of india versus rajeev ratan pandey [jt 2009 (10) sc 472], rajendra singh versus state of up and others [2010-1-slr-632] , the law laid has been that in the transfer matter of a government employee, scope of judicial review under article 226 of the constitution is limited and the tribunal ..... but during the final hearing the applicant and his counsel stated that he would like to be posted for 3years in the outlying segment from may 2013 for a period of 3years as he has 11years ..... the judgment of honourable supreme court in masood ahmad versus state of u.p [2007 stpl(le) 39042 sc] decided on 18.09.2007 guides us and the same reads as follows :- 4.the petitioner-appellant, who was an executive officer, nagar palika parishad muzaffarnagar, had in his writ petition challenged his transfer by the state government by order dated 21.6.2005 as executive officer, nagar palika parishad mawana, ..... the applicant in para 5.24 of the oa has specifically stated that there is no refusal on part of the applicant to serve outside delhi, but at present the situation/circumstances of the applicant is such that it would become difficult for him to serve in the right earnest .....