Court : Central Administrative Tribunal CAT Ernakulam
..... they also denied the contention of the applicant that the departmental qualifying tests were not conducted in time and stated that the test was conducted periodicaly each year from 2001 to 2004 which was held on 18.5.2001, 7.6.2001, 20.5.23002 to 6.6.2002, 15.12.2003 to 18.12.2003 and 13.12.2004 to 21.12.2004 respectively and that the applicant attended the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... it was also stated that any representation in regard to the said live register should be made before 25.10.1996. ..... state of punjab and others, 1998 (2) scc 533 observed as under: "7. ........... .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... interim reliefs: "(i) to direct that the completion of 54 year of age of the applicant as on 18.6.2005 and the ensuing retirement from state service on 30.6.2006 shall not disentitle the applicant for consideration of selection for the vacancies that arose consequent on quinquennial cadre review due as on 1.1. ..... following reliefs/interim reliefs: "(i) to direct the respondents to convene the review selection committee under rule 5 of ias (appointment by promotion) regulation, 1955 to fill up 10 substantive vacancies as on 1.1.2004 for promotion quota (for members of non state civil service) and to consider the claim of the applicant for inclusion in the select list against 10 posts as on 1.1.2004. ..... 4(2) of the indian police service (cadre) rules, 1954, according to which the central government shall, at the interval of every three years, re-examine the strength and composition of each such cadre in consultation with the state government or the state governments concerned and may make such alterations therein as it deems fit. ..... (ii) to direct the 1st respondent to complete the process of quinquennial cadre review as proposed by the state government on 19.10.2005 and issue notification within one month enhancing the substantive vacancies effective from 1.1.2004." ..... he was not included in the select list but one shri vijaya raghavan, additional secretary who was due to retire on superannuation from state service in march 2005 was selected and included as rank no.1 and appointed to ias. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... we find that apart from stating that obc candidates were appointed under the backlog quota, the respondents have not come out clearly on the issue of roster points and how they have distinguished the 7th roster point which ..... the punjab state electricity board, patiala and others, 1984 (2) slr 731, the admission of an appeal against the order of the high court and the suspension of its operation during the pendency of the appeal does not have .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... provisions contained in regulation 5, unless there is a good reason for not doing so, the selection committee is required to meet every year for the purpose of making the selection from amongst state civil service officers who fulfill the conditions regarding eligibility on the first day of the january of the year in which the committee meets and fall within the zone of consideration as prescribed in clause ..... regulation envisages only three situations when the committee meeting cannot be held (i) when there is no substantive vacancy (ii) when the central government decides in consultation with the state government that recruitment shall not be made during a particular year or (iii) when the commission on its own or on a proposal from the government decide that ..... taken, they would have brought to the notice of the 1st respondent a number of court orders declaring that the retirement of officers from the state police service/state forests service on attaining the age of 55 years shall not disentitle them for being considered for selection and induction to all india service on due date ..... and circumstances of these cases, would have been to deem the applicants (till they join the ips) to be in the state service but for their superannuation, which was rather premature, in comparison with the age of superannuation in the central government and in other states, in the context of the failure of the respondents in holding the meeting of the selection committee every year as per rules .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... it is stated that when an unanticipated vacancy of gds bpm arises the compelling circumstances to run the branch post office warrant a stop gap arrangement to be made. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
hon'ble dr. k.b.s. rajan, judicial member the applicant working as skipper in the fishery survey of india has come up before this tribunal challenging annexure a-1 transfer order dated 5.1.2010 whereby he stands transferred from cochin base to mormugao base. according to the applicant, he has just two years to superannuate and under the normal guidelines of transfer, persons who are within two years to superannuate are not to be transferred presumably with a view to enabling them to prepare for their re-settlement after superannuation. in addition, according to the applicant, in his 37 years of service, he has been transferred as many as 14 times and to the native place he has been posted for the first time in 2004 where he is still continuing. 2. the applicant has also prayed for an interim relief for stay of annexure a-1 order to the extent it relates to the applicant. 3. we have heard counsel for the applicant. it will be quite appropriate if the applicant may file a representation within three working days to the administrative authorities, namely, the 2nd respondent and the 2nd respondent accordingly considers it on merits and arrive at a judicious decision. till then, annexure a-1 in so far as it relates to the applicant shall be kept in abeyance. 4. in so far as private respondent is concerned, the interim order will not come in his way. 5. the o.a is disposed of accordingly. there shall be no order as to costs.
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the main contentions of the applicant is that physically handicapped persons are treated as preferential category, they should be transferred only to or near their native places, the transfer order is against the findings of the tribunal in annexure a -6 order, they have hardly two years of service, there are persons being transferred only once during their entire service, and that he .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... with the above judgment having been pronounced, the respondents issued the annexure a-15 impugned order dated 28-01-2011 stating that as the writ petition has been disposed of by the high court vacating annexure a-1 notification for provisional appointment to the post of bpm, ayirur, the continuance of the applicant in the post of gdsmd, marancherry ..... of 2006 and the tribunal, vide order dated 22-06-2009, rejected the claim of the applicant as the department had stated that by a subsequent notification, the respondents were planning to fill up the post of gdsbpm, ayirur on regular ..... in that case, the high court further stated that as long as one had continued in the post on provisional basis even on the strength of interim orders of the court/tribunal, the individual crystallizes his right for regular ..... the applicant filed his rejoinder stating that the selection was to have been made on the basis of experience and from that point of view, his experience is far more than that of the private respondent and hence, the ..... they have in their counter stated as to how after the dismissal of ..... further they have stated that it was by virtue of the aforesaid appointment of the private respondent as gdsbpm, ayirur that the applicant had been given an alternative posting as ..... in the case of kalabharati advertising vs hemant vimalnath narichania (2010) 9 scc 437, the legal position relating to the effect of stay order on the final disposal of the litigation has been stated as under:- 15. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... i am directed to refer to the above abject and to state that the above issue had been under consideration for quite some time. ..... we find that apart from stating that obc candidates were appointed under the backlog quota, the respondents have not come out clearly on the issue of roster points and how they have distinguished the 7th roster point which ..... the punjab state electricity board, patiala and others, 1984 (2) slr 731, the admission of an appeal against the order of the high court and the suspension of its operation during the pendency of the appeal does not have .....
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