Court : Central Administrative Tribunal CAT Ernakulam
The applicant is challenging his transfer to Bangalore as violative of the "transfer policy" of the department. 2. The Applicant is a Senior Auditor in the Defence Accounts Department working in the Accounts Office (RandD), NPOL, Thrikkakara, Kochi from September 2001 onwards. Earlier he had served two tenures in hard areas at Port Blair and andaman Nicobar Islands each for tenure of more than two years. His sister who is mentally incapacitated is depending on him consequent on the death of the legal guardians -the parents. He has now completed the age of 54 years. While so, the applicant was issued with an alert notice for transfer out side Kerala which was challenged by him before this Tribunal through O.A No. 333/2009. The Tribunal disposed of the O.A. directing the respondents to consider the representation submitted by him in conformity with the present guidelines relating to transfer. In this Application, the applicant is challenging Annexure A-1 transfer order and A-2 speaking o...
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HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER 1. The applicants, Radio Operators in the Telecommunication wing of the respondents department are aggrieved by Annexure A1 order to the effect that they may be withdrawn from the section of the main stream where they stand deputed now. 2 Brief facts of the case as stated by the applicants are that the Telecommunication wing is a dying cadre hence this wing was not included in the restructuring process of the respondent department and likely to be closed down. Presently the applicants are working in the main stream of the respondent department. Even though they are working in the main stream but restrained to participate in the examination for promotion to the post of Inspectors. The 1st applicant has filed OA 634/2005 before this Tribunal seeking modification of the recruitment rules to enable consideration of Radio Operators to the post of Senior Tax Assistants in the ministerial wing and for further promotion as Inspector of Central E...
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HON'BLE Dr. K.B.S. RAJAN, JUDICIAL MEMBER The three O.As having one single issue, all the three are dealt with in this common order. For purposes of reference, it is O.A. No. 159 of 09 is taken as the pilot case. 2. Brief facts: The applicants are aspirants for the post of Post Graduate Teachers in Higher Secondary Schools in U.T. Of Lakshadweep on regular basis. 3. The Lakshadweep Education Department (Post Graduate Teacher) (Group 'B' Non Gazetted) Recruitment Rules, 1993 provide for 50% by Direct Recruitment and 50% by promotion, and, failing both by deputation including short term contract. 4. By an order dated 06-02-2003, the Government of India had granted approval for creation of 103 teaching posts of which, 8 are at the post graduate teacher level, with the erstwhile pay scale of Rs 6,500- 10,500/-. These posts were thus created by the Administration in March, 2003. 5. Earlier, in 1996 on the basis of certain government of India orders, regularization of ad hoc teachers/contrac...
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HON'BLE Dr.K.B.S. RAJAN, JUDICIAL MEMBER 1. The facts in brief: One Shri C. Sekaran was functioning as Sr. Trackman in Tirupur Railway Station and while in service he expired on 24-05-2001. He had a family consisting of his wife and a daughter. The applicant in this OA is the second wife of the said C. Sekaran and the second applicant is the son born to the said C. Sekaran and the first applicant. It is the case of the applicant No. 2 that his status as a legitimate son of the said C. Sekaran has been recognized by the Railways when it granted certain facilities including the benefit of privilege passes, medical facilities and family pension etc., At the time of the demise of C. Sekaran, the second applicant was only a minor and he could attain the age of a major just recently and thus with the hope that in the same way, the applicant would be granted compassionate appointment as per the extant scheme, he applied for grant of compassionate appointment. However, his case was turned down...
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HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER 1. The applicants who are working as Catering Assistants in Jawahar Navodaya Vidyalayas in the Kerala Region, challenge the denial of appropriate pay scale and special allowance as has been recommended by VI CPC and non fixation of their working hours. 2. The applicants submitted that the mess workers like the Catering Assistants work for about 18 hours a day without enjoying Sundays and holidays. A Catering Assistant has to take care of the food requirement of about 600 students. As per the statutory recruitment rules, the minimum educational qualifications was Senior Secondary School with three year Diploma in Hotel Management and Catering. However, this was modified to Secondary School with three year Diploma. Though they were placed under teaching cadre, subsequently they were changed to non-teaching cadre. According to them, they are identically placed with the Catering Assistants working in Oak Grove School under the Railway Minist...
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(Hon'ble Mr. K. George Joseph, AM) In this OA, the applicant prays for a direction to the respondents at Sl Nos.1-4 to treat the promotion granted to him as Assistant Foreman in the 4 Tier Structure w.e.f 11.3.2003 to be treated as promotion to the post of Senior Foreman in the 3 Tire Structure since there was vacancy and he was eligible for the same. 2. The facts of the case briefly stated, the applicant joined the Southern Naval Command in the cadre of Chargeman-I, re-designated later as Foreman on 26.7.99. He passed the qualifying test for Senior Foreman on 26.12.2001. On completing 3 years service as Foreman he was eligible to be promoted as Senior Foreman w.e.f 1.1.2003. Meanwhile, Govt of India on the recommendation of the 5th Pay Commission introduced 4 tier structure for the Technical Supervisory category in different establishments on 26.12.01. The table below shows the comparative structure of the Technical Supervisor cadre before 26.12.01 and after 26.12.01. Before 26.12.01 ...
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HON'BLE Dr. K.B.S. RAJAN, JUDICIAL MEMBER The applicant was working as a Post Graduate Teacher (PGT) at Kendriya Vidyalaya, Kozhikode. According to him, certain staff members were not comfortably poised with him, consequent to which some false and baseless complaint was launched against the applicant through a girl student hailing from andhra Pradesh alleging certain indecent behaviour. A fact finding inquiry was conducted which resulted in a summary trial and termination of service of the applicant with effect from 31.03.1995. The applicant was never informed of any of the details, much less was he handed over the alleged complaint and least was he called upon to give any statement. Thus, ignoring and by passing all norms of principles of natural justice, an arbitrary order of termination was passed. The said order has been totally cryptic. The applicant challenged the said order before the High Court of Kerala in O.P. No. 5929/05 wherein, the respondents took up a stand that the appl...
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HON'BLE Dr.K.B.S. RAJAN, JUDICIAL MEMBER 1. The Indian Naval Canteen Services Employees' Union and four others have filed this OA in respect of their grievance relating to revision of pay scale of the employees of the Indian Naval Canteen Services (INCS). Notice was issued to the respondents in this regard and in their reply, the respondents have raised the preliminary objection relating to the jurisdiction of the Tribunal to deal with the issue as according to the respondents, the applicants do not fall within the jurisdiction of the Central Administrative Tribual. As such, the parties were heard on the point of jurisdiction. 2. Counsel for the applicant adverted to the decision of the Apex Court in the case of R.R. Pillai vs Commanding Officer, Headquarters, Southern Air Command (U) (2009) 13 SCC 311, whereby the Apex Court has held that the status of the employees of the Unit Run Canteen of the Armed Forces are not government employees and first attempted to distinguish the case of ...
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Hon'ble Mr.George Paracken, Judicial Member The first applicant in this OA is All India Naval Clerks Association, Kochi and the other two are one Shri.T.P.Nandaraj, LDC working in the Naval Aeronautical Quality Assurance Service, Naval Base, Kochi and Sujatha B Cleatus, LDC, INS Venduruthy, Naval Base, Kochi. Their grievance is that the industrial employees in the Naval Ship Repair Yard, Kochi (NSRY for short) are being deployed to discharge the clerical duties. They have pointed out that since adequate number of clerical staff are not available to perform the quantum of work assigned to them, the respondents are getting that work done by deploying industrial staff and incur heavy amount on account of over time allowances. According to them, in 2003, for 27 industrial staff, Rs.6,79,313/- has been paid as over time allowances in addition to their own salary of Rs.20,96,217/-. The applicant's association has earlier made a representation pointing out the shortage of clerical staff and ...
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DR. K.B.S. RAJAN, JUDICIAL MEMBER 1. Brief Facts: The applicants joined the service in Naval Ship Repairing Yard (NSRY) as Platers (semiskilled). They are ITI(Sheet Metal Trade) qualified and had the apprenticeship training in NSRY during 1988 - 90. There are different Trades in the Skilled Grade - Plater, Sheet Metal, Blacksmith and Tinsmith. Of these, for Plater and Sheet Metal, the qualification required was ITI Sheet Metal. The first applicant joined the service as Plater (Skilled) in 1996 while the second applicant joined the said post in 1999.. 2. Initially, there were various grades of the above trade viz., Skilled, Highly Skilled Grade II and Highly Skilled Grade I. Later on, effective from 01-01-1996, the Highly Skilled Grade II and I were merged and came to be known as Highly Skilled. Sometimes in 2003, certain percentage of the Highly skilled were termed as Master craftsman (MCM). In fine, the ratio of the above posts was 45% Skilled and 55% Highly skilled, of which 25% had ...
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