Court : Central Administrative Tribunal CAT Ernakulam
..... the south zone consists of the states tamil nadu, andhra pradesh, karnataka, kerala and union territories such as puducherry, andaman and nicobar islands, lakshadeep island and kavaratti. ..... 2 the brief facts of the case as stated by the applicant are that he is a locally recruited employee who is not liable for out of station transfer. ..... they further submitted that sh valsarajan who is on the verge of retirement in august 2012 has requested for a transfer to calicut which is near to his native place. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... at last in may 2002 when he visited the 2nd respondent, he was served with letter dated 31.5.1999 stating that on calculation it is revealed that the applicant has only 19 years 9 months 11 days of qualifying service at his credit whereas minimum qualifying service required for voluntary retirement is 20 years, therefore, he is not eligible of pension. ..... in this context the respondents have stated that as per rule 16 of ccs (pension) rules, 1972, service of an apprentice shall not count as qualifying service except in the case of sas apprentice in the indian audit and accounts department or the defence accounts department. ..... 2 brief facts of the case as stated by the applicant are that he did his apprenticeship in the naval dockyard apprentice school from 7.3.1977. ..... on completion of his tenure, on 8.9.1998 the applicant left for his native place. ..... it is further stated that he remained unauthorisedly absent from 9.2.94 to 25.4.94 (76 days), 14.7.95 to 16.9.95 (65 days), 6.10.95 to 30.7.96 (9 months 24 days), 30.9.96 to 21.10.97 (more than 1 year). ..... it is stated that he was suffering from severe arthritis problem and had to remain on medical leave in loss of pay on several occasions. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... it is seen that the applicant had uninterrupted stay in his home state and in and around his native place pathanamthitta from 1997 onwards. 6. ..... the respondents in the reply statement submitted that the transfer order was issued purely on administrative ground and that an officer in the executive cadre gets posting in his home state once or twice in his career. ..... they further stated that there is no tenure prescribed in ib for rotational transfers within kerala which is treated as a single unit, is done according to the exigencies of work. ..... they stated that the ib has its own family accommodation in vythiri. ..... tenure is prescribed only in the case of inter-state transfer. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... preference shall be given to persons who, in addition to the qualifications specified in items (i) to (iii) possess a degree in law of a university in the state or any other equivalent qualification or a pleadership certificate in the first grade or who have put in five years service in the category of upper division clerks in the registration department." x x x 8. ..... counsel for the respondents relied upon umadevi's case of the apex court and stated that the applicant cannot be given any preference on the basis of her service as a part time sweeper as her initial engagement was not through proper mode of selection. 7. ..... it is obvious that it was thought that on account of their higher mental equipment the quality of performance that the state will receive from highly qualified engineers would be better and of a high order. ..... it is clear from the affidavit filed on behalf of the state and the registrar that the registrar had considered the case of all the qualified clerks, but the registrar thought that the best basis for recruitment was to prepare a list of all the clerks, ..... in that context, the union of india, the state governments and their instrumentalities should take steps to regularise as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of ..... in their additional reply, the respondents have stated that the applicant in merit stands at serial no. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the applicant further contended that the 5th respondent is not a local or native of lakshadweep and that the applicant being a native of lakshadaweep belonging to st category, she has a preferential claim. ..... that has been answered by the respondents stating that age relaxation alone has been granted to serving employees in accordance with the recruitment rules and therefore, there is no illegality in allowing the respondents 3 and 4 who were granted relaxation in age upto 5 years, in applying ..... that apart, they stated that the applicant has participated in the selection proceedings and she approached the tribunal when it was found that she was not selected. ..... 163/2006, they stated that the order is challenged by the administration in wp(c) 34762/2007 and the high court stayed the order until further orders. ..... they further stated that regularisation of contract employees is not possible. ..... they further stated that as per col. ..... the applicant, a native of kalpeni island of u.t. ..... they stated that there is no practice to publish a check list before starting the process of selection and a rank list before publishing selection list. ..... they stated that the applicant was also an aspirant to the post of pgt malayalam. ..... state of jandk (1995) 3 scc 486) and marripati nagaraja v govt. of a.p. ..... state of utharanjal (2008(2) klt 969 ssc), madanlal vs. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... to the above contention of the counsel for applicant, it is stated in the reply statement that the present transfer is only due to exigencies of service and also considering the convenience of the applicant to the maximum extent possible. ..... a decision to the above effect has to be drawn on considering his representation as stated above within 30 days on receipt of a copy of the order. ..... to substantiate this contention, it is further stated in para 3 of the reply that the applicant has worked in kannur, thaliparamba, ernakulam, aluva cherthala, kunnamkulam, irinjalakuda, and such other places for several years and the transfer is in accordance with the guidelines issued by ..... further the counsel submits that applicant has completed so many years out side his native town, viz. ..... the only reason stated in the reply is that it is due to administrative exigencies, the present transfer is ordered. ..... it is further stated in the reply that there are two officials who are due to retire from service in april and july, 2011 respectively and it is not possible to give a posting for the applicant at cochin as the other person .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... 300/2009 was decided as under: - " the applicant, a native of kerala state entered the services in the palghat division of southern railway in 1980 and in september, 2003, he was promoted as station master gr. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... he has stated that he worked in almost all the major islands in several turns of tenure and he got his transfer to his native island kalpeni vide order dated 12.3.2007 and joined there only on 25.4.2007. ..... he has not completed his tenure at native island and meanwhile he has been transferred to kavaratti due to which his family life is disturbed especially because he has no children. ..... in the said order it has been clearly stated that the criteria for posting will be on the basis of service seniority for a period of 2 to 3 years on a rotational basis and he is entitled for a posting of 2 to 3 years in the present place of posting at kalpeni ie. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... rejoinder has been filed by the applicant, in which it has been stated that there is no question of any extra mark for higher or additional qualifications as the same has not been contemplated in the provisions of the ..... 783/2007: the applicant herein is a native of agati island in the union territory of lakshadweep and on the notification dated 2nd april 2006 vide annexure a-4, he had applied for the post of agricultural fieldman for which the requisite qualifications and age limit ..... 544/08: the applicant, a native of kadmat island under the union territory of lakshadweep is a handicapped person (40% deaf) and has been working as a casual labourer under the desiccated coconut powder unit at kadmat since ..... counsel for the applicant stated that the notification is specific in respect of two aspects - (a) age and (b) educational ..... on 28th april, 2007 that it was provided for selection without a test and as such all those who were found to be eligible (including those who had the benefit of additional two years of age limit as stated above) were considered. ..... (see state of punjab ..... qualification with diploma in agricultural science or certificate in agriculture (higher) course of one year duration from an institute recognized by board of technical education of central/state government. ..... state of rajasthan, (2008) 3 scc 724 wherein the apex court has held as under: "once the advertisement had been issued on the basis of the circular obtaining at that particular time, the effect would be .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... . counsel for the applicant relied upon the decision of the kerala high court reported in 1984 klt 141 (rajappan nair vs state of kerala and others) which held that if for no part of the individual, promotion had been delayed and on grant of the same with retrospective effect, the individual is entitled to arrears of pay and allowances as well. ..... the bangalore region of the kvs addressed a communication to the commissioner, kvs, new delhi vide annexure a-4 dated 30-04-2007 forwarding a copy of the medical report and stating the above and also informing that the applicant was on leave since august, 2006. ..... or homoeopathic medical practitioner or by a registered dentist in the case of dental ailments or by an honorary medical officer may also be accepted, provided such certificate is accepted for the same purpose in respect of its own employees by the government of the state in which the central government servant falls ill or to which he proceeds for treatment ..... . application for vrs) the applicant replied to the above communication stating that direction to apply for voluntary retirement is against the leave rules or natural ..... by a communication dated 19th of april 2007 vide annexure a-3, the board stated that the applicant has got difficulty in walking and unsteadiness and imbalance on the left side of the body with slurred ..... when the provisions of clause 81(d) was sought to be imposed then only she had insisted about constitution of medical board in her native place, thrissur. 5 .....
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