Court : Central Administrative Tribunal CAT Ernakulam
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 The question of jurisdiction of this Tribunal to deal with this case is to be decided first in this case. The applicants are functioning as civilian clerks/typists in the Southern Naval Command Officers Mess. Their claim is that when hitherto, there had been revision of pay scales corresponding to the pay revisions in the past in respect of other civilian employees in the wake of Pay Commission Recommendations, no such revision has taken place, when pay scale under the VI Central Pay Commission was revised. 2. Respondents have contested the O.A. According to them, the applicants cannot be treated as Central Government Servants, as they are engaged in the Mess as Civilian Clerks/typists under Southern Naval Command Officers Mess Fund (a Regimental non public fund maintained by INS Venduruthy). According to them, vide Annexure R-1, the terms and conditions of civilian employees through non public funds have been enumerated in Annexure R-1 issued o...
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By Hon'ble Mr. George Paracken, Judicial Member - The applicant in this Original Application seeks a declaration that he is entitled to be regularized in service from the date of his initial appointment as Assistant Storekeeper on casual basis with all attendant benefits except seniority. 2. In this regard he has relied upon the Annexure A-1 order of this Tribunal in OA 434 of 1989 - A. Ramakrishnan Nair and Ors. Vs. Union of India and Ors. and other connected cases decided on 20.8.1990. The operative part of the said order is as under: "19. In the conspectus of facts and circumstances, we allow this application in part to the extent of directing that the applicants should be regularized from the dates of their original appointment on a casual basis by condoning the breaks in service as in other cases with all consequential benefits except that of seniority. So far as seniority is concerned, though we feel in line with the Hyderabad, Calcutta and Madras Benches of the Tribunal that the...
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HON'BLE Dr. K.B.S. RAJAN, JUDICIAL MEMBER These O.As, having one common legal point to be decided, have been clubbed together, heard together and a common order is passed. For the purpose of reference, requisite details as contained in O.A. No. 254/2009 have been referred to. It is this O.A. which has also been referred to at the time of final hearing by the senior counsel appearing for the applicants. 2. The facts, being admitted, obviate debate. Disciplinary proceedings were initiated against the applicants in these O.As which culminated into the imposition of penalty of reduction of pay by one stage for one year in the relevant scale of pay in respect of all the applicants and with a direction that the applicants will not earn increments of pay during the period of reduction and that on the expiry of that period, reduction will have the effect of postponing the future increments of pay. 3. Details of reduction of pay, the pay scale etc., in respect of the applicant in O.A. No. 254 o...
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HON'BLE MR.K.GEORGE JOSEPH, MEMBER (A): The applicants have filed this O.A. praying for the following reliefs: - i. to direct the respondents to regularize the applicants' services from The date of their initial appointment on casual basis after condoning the Artificial breaks in their services and grant all other consequential benefits flowing there from. ii. To direct the respondents to refix the pay of the applicants. iii. To grant such other relief or reliefs that may be urged at the time of hearing or that this Honourable Tribunal may deem fit to be just and proper. iv. To grant cost of this O.A. 2. The applicants are working as unskilled labourers in the Naval Ship Repair Yard, Kochi. They joined service as casual labourers and were granted temporary status as shown below:-Initial Date of appointment Temporary Status 1st applicant 9.12.1978 11.5.2001 2nd applicant 17.11.1979 18.5.2001 3rd applicant 12.9.1985 26.4.2001 4th applicant 16.11.1978 2.5.2001 5th applicant 7.9.1979 18.5....
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HON'BLE MR.K.GEORGE JOSEPH, MEMBER (A): This O.A. is filed by the applicant praying for the following reliefs: - i. Declare that the action of the respondents in transferring the applicant as stated in Annexure A2 is totally arbitrary, discriminatory and unconstitutional. ii. Call for the records leading to Annexure A2 and A5 and quash the same. iii. Direct the respondents to retain the applicant in Command Quartering Office, Headquarters, Southern Naval Command, and Kochi. iv. Direct the respondents to cancel the transfer of the applicant in seen in Annexure A2. v. To grant such other relief or reliefs that may be urged at the time of hearing or that the Honourable Tribunal may deem fit to be just and proper. vi. Cost of this Original Application. 2. The applicant joined the Southern Naval Command at Kochi as Lower Division Clerk in the year 1981. Now he is working as U.D.C. He has been transferred from Non-Industrial Unit to an Industrial Unit of the Naval Command at Kochi as per An...
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HON'BLE DR. K B S RAJAN, JUDICIAL MEMBER An interesting question arises in this O.A. The substitution of current Modified Assured Career Progression (MACP) takes effect from 01st September 2008 and the earlier Assured Career Progression would be operated till 31st August 2008. If the date of initial appointment of the applicant is taken as 11th June 1984, his second financial up gradation would fall prior to 31st August 2008, whereas if his date of initial appointment is reckoned from 17th October, 1985, the applicant would be covered for the second and subsequent financial up gradations only as per the MACP. The claim of the applicant is that his date of initial appointment shall have to reckon from 11th June 1984 in view of the order dated 20th September 2002 by this Tribunal in OA No. 755 of 2000. 2. The objection of the respondents is that the applicant would be eligible for the second ACP only on 17th October 2009. 3. Counsel for the applicant argued that the period from 11th June...
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HON'BLE Mr. GEORGE PARACKEN, JUDICIAL MEMBER The applicant is aggrieved by the Annexure A-1 Memo No. F1/Misc/4/06-07 dated 10.6.2008 of the Disciplinary Authority imposing the penalty of recovery of Rs. 2001/-, alleged to have falsely claimed by him in his capacity as SPM, andathode, from his pay in two installments starting from June, 2008 and withholding of one increment for a period of 35 months without cumulative effect from the date of its falling due and the Annexure A-2 Memo No. ST/7-41/2008 dated 30.12.2008 of the Appellate Authority upholding the aforesaid penalty order of the Disciplinary Authority. 2. The brief facts necessary for the disposal of this case : The respondents, according to them, have got an enquiry conducted about the expenditure incurred by the applicant during the months of January/February 2006 on account of cash conveyance. According to them, it was revealed during the enquiry that taxis and autos mentioned in some of his money receipts were not actually u...
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Dr.K.B.S. Rajan, Judicial Member Applicants 1-3 are functioning as Industrial employees under Respondent No.2, while applicant No.4 is an Association represented by its Secretary. There are a number of employees who are members of the 4th applicant, Union who joined the service as Casual Workers and continued for a considerable period in that capacity, of course, with artificial breaks. According to the applicants, all such persons were later regularized but their casual services were not taken into consideration for the purpose of Annual Increments, ACP, etc. 2. The applicants are entitled to be considered for grant of 1st ACP after 12 years of service in accordance with Annexure A3 O.M. dated 09.08.1999. It is the case of the applicant that when the respondents refused to take into account the actual services preceding the regularization for the purpose of ACP, some of the employees functioning as Clerks approached this Tribunal along with All India Naval Clerk's Association in O.A. ...
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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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