Court : Central Administrative Tribunal CAT Delhi
ORAL: M.L. Chauhan, Member (J): 1. This is the second round of litigation. Earlier the applicant had filed OA No.3116/2010, which was decided on 20.09.2010 at the admission stage with liberty given to the applicant to file representation within one week from the date of receipt of a copy of the order claiming his seniority over the juniors and giving specific grounds on which he should be considered by the Respondents for re-engagement as casual labourer, absorption and regularization in appropriate post with the Respondents. Respondents were also directed to consider the said representation of the Applicant alongwith the copy of that OA as a supplementary representation and pass appropriate orders within a period of 02 months from the date of receipt of a copy of that order. Pursuant to the directions given by this Tribunal in the aforesaid terms respondents have passed the impugned order dated 14.03.2011 (Annexure A-1), which is under challenge in this OA and the applicant has prayed...
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1. In this OA applicant has challenged recovery of penal rent from his gratuity for overstaying in the quarter unauthorisedly on the ground that without following the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, no recovery could have been made.2. He has further sought 18% interest on delayed payment of gratuity and leave encashment.3. It is stated by the applicant that he was allotted Quarter No. 9C/1, NPL Colony, New Delhi while working as Technical Officer 'C'. He retired on 31.1.2001 and was allowed to retain the said quarter up to 31.5.2001. As his wife was very sick, he sought further extension vide letters dated 24.5.2001, 4.11.2003 and 29.4.2004 but no reply was given. They asked him to vacate and filed OA No. 3046/2002 seeking direction to the applicant herein to vacate the premises and for recovery of dues. The said OA was dismissed on 21.10.2003 (page 37) for want of jurisdiction.4. Grievance of applicant is that respondents have deducted pe...
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Dr. Veena Chhotray, Member (A): This TA has arisen by the CWP No. 5122/1998 being transferred to the Tribunal vide Delhi High Courts order dated 20.02.2009 by virtue of the Notification of all service disputes with regard to NBCC standing transferred to the Central Administrative Tribunal. The petition has been filed in its representative capacity by the National Building Construction Company Limited Employees Association on behalf of its members/workmen and is sought to be represented through its auditor Mr. Vijay Singh. It challenges the termination of services of its members/workmen by the respondents. The following relief’s have been sought:- (A) quashing the order of termination no. 183/1998 dated 20.09.1998 with a direction for reinstatement of the petitioners with full back wages; (B) a writ of mandamus for granting the benefit of equal pay for equal work at the rate of minimum wages to the workmen from the date of their posting at Nepal; (C) a writ of mandamus to regulari...
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Reported in : (2005)(2)SLJ1CAT
1. Applicant impugns respondents' order dated 24.1.2001, imposing upon him a penalty of removal from service and also an order dated 27.8.2001 passed in appeal, upholding the punishment. Re-instatement with all benefits has been sought.2. Before adverting to the legal contentions and their adjudication a brief factual matrix leading to the filing of the O.A. is relevant to be highlighted.3. Applicant is a Physical Education Teacher (PET) and is General Secretary of the Rastriya Kendriya Vidyalaya Adhyapak Sangh (Jagat Singh) (hereinafter referred to as RKVAS (J)).4. The aforesaid association voices the demands and other ancillary problems faced by the teachers before the respondents. By letter dated 10.3.1998 Central Executive Committee of the RKVAS(J) which has met on 22.2.1998 raised demands pertaining to amendment in the pay scale of Primary Teachers, revision of the pay scale of PET of KVS at par with NDSI, grant of same pay scale to the Music Teachers as of TGT scale and grant of...
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Reported in : (2008)(1)SLJ294CAT
1. When half way through, the deputation of applicant Mr. Kulbir Krishan, an IPS Officer of Assam-Meghalaya Cadre of 1976 Batch, was cut short and he was sought to be repatriated to his parent cadre, he approached this Tribunal seeking to set aside or quash that decision, which by the time present application was filed, had not been communicated to him. Challenge to his repatriation is on variety of grounds but what mainly has been stressed with vehemence by Counsel representing him is that it is punitive in nature and would be stigmatic to his career. With a view to appreciate the contention of the learned Counsel, it will be necessary to give facts culminating into filing this application under Section 19 of the Administrative Tribunals Act, 1985.2. The applicant is 1976 Batch IPS Officer of Assam-Meghalaya Cadre. He was posted in Intelligence Bureau and served there for 18 years. He was posted in hard areas and handled Kashmir Problem for more than 5 years.He served in Srinagar for...
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Reported in : (2008)(2)SLJ348CAT
1. In the context that an order dated 23.10.2007 issued by the respondents is the subject matter of challenge in all the three Original Applications, as agreed to by the parties, they are heard jointly and are also being disposed of by a common order. Since the services of the applicants, who were Medical Officers working under the respondents, were sought to be terminated, at the time when the applications had been filed, there were submissions that the operation of the order may be suspended. But taking into account the totality of the facts, it had been suggested that it should have been in the interest of all concerned if applications were disposed of expeditiously. The respondents had offered to file their counter reply without any delay. When the pleadings were complete, it was agreed by the parties that the formalities of hearing could be concluded even without formally listing the matters for regular hearing.2. In OA 1970/2007 and 1971/2007, the respondent is Government of NCT...
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V.K. BALI, CHAIRMAN: 1. Ranjit Singh Bisht and ten others have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash the recruitment rules known as SSB (Secretarial) Service, 2006, framed for civilian ministerial cadre, enforced vide notification dated 20.11.2006, for Group “B” (Gazetted and Non-Gazetted) ministerial posts. They also seek a direction to be issued to the respondents to maintain status quo till finalization of SLP pending in the Hon’ble Supreme Court in Union of India v Sukesh Kumar Nayak, and further to direct the respondents to follow the existing Rules of 1975. 2. We will give facts hereinafter, but we may mention that whereas under the rules known as DGS (Secretariat) Services Rules, 1975 (hereinafter to be referred as the Rules of 1975), a civilian ministerial cadre UDC would be eligible for promotion to the post of Assistant after having put in five years service as UDC, in the new rules known ...
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1. As per our religious and vedantic account place of a guru (teacher) is paramount and a guru has been placed at the pedestal of Guru Brahma, Gurur Vishnu, Guru Devo Maheswaraha. The paramount task of the teacher in nation building is to impart not only learning and wisdom to the students but also make them virtuous, morally strong with a positive frame of mind. A fundamental duty enshrined upon a teacher to prove one's worth as an ideal teacher like Guru Draunacharya Guru Balmiki and Guru Rabindra Nath Tagore. What is expected from a teacher is idealism.A sin committed by a sinner can be treated but once this sin emanates from guru, it is not only depreciable but also sinnest of the sin. A Teacher with all logic and rationale has to be equated with parents till a student completes his education. The role of a father or mother to impart basic values and virtues to a student is being imparted by a guru. When a creator becomes destructor, the situation would become so complex that the ...
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Dr. Dharam Paul Sharma, Member (J): The applicant herein filed Civil Writ Petition No.6292/2002 in the High Court of Delhi praying that the Honble Court be pleased to issue a writ of Certiorari or Mandamus or any other Writ, order or direction:- (i) set aside/ quash the impugned order/memorandum dated 14.3.2002 passed by the Respondent as illegal, arbitrary and discriminatory and also undertaking obtained by the petitioner is per se illegal; Writ of mandamus or any other writ directing the respondents to reinstate the petitioner as Asstt. Manager (M);Award the cost of these proceedings in favour of the petitioner and against the respondents; and further issue any other appropriate writs, orders or directions are deemed fit and proper in the facts and circumstances of the case and to meet the ends of justice; 2. Pursuant to Notification No.SO (E) issued on 1.12.2008, the matter came under the jurisdiction of the Central Administrative Tribunal of this Bench and accordingly the matter w...
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ORAL: Mrs. Meera Chhibber, Member (J): 1. Applicant has sought direction to the respondents to appoint him for the post of Constable (Executive) Male Delhi Police Recruitment, 2009 along with all benefits and allowances with effect from 17.8.2011, i.e., the date of termination. 2. It is submitted by the applicant that he was appointed as Constable on 5.7.2010. He continued to perform his duties but show cause notice dated 12.1.2011 was issued to him (page 15) by alleging that at the time of filling the application form applicant did not mention details of the criminal proceedings in column No.15 (a) to (e) rather mentioned ‘No’ against each column whereas the police verification report received in Recruitment Cell, Delhi Police from SP/Jhunjhunu (Rajasthan) revealed that a case FIR No. 31/2000 under Section 447/435 IPC, PS Chirawa, District Jhunjhunu, Rajasthan, was registered against him. He had thus suppressed his criminal involvement in the application as well as in the ...
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