Court : Central Administrative Tribunal CAT Ernakulam
1. The applicant, the eldest daughter of deceased A.J.Chacko an employee of MES-109614-Mate PK, Naval Base, Kochi, seeks compassionate employment under Employees Dying in Harness Scheme. 2 According to the applicant, her father expired on 27.12.2004 while working as Mate (Fitter/Pipe) under the respondents. At the time of death, the dependents of the deceased employee consisted of wife, two minor daughters and aged parents. they have no landed property except a small house where the family is residing. The terminal benefits were fully utilized in liquidating the loans taken for repayment of housing and other loans. As such, there is no balance out of the terminal benefits. The applicant attained the age of 18 years on 10.12.2008 and passed 12th Standard in the year 2009. Immediately after the death of the deceased the applicant's mother had submitted a representation on 8.6.2005 requesting the respondents to register the name of the applicant for compassionate appointment. The 3rd resp...
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HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. The applicant in this O.A is working as Assistant Naval Store Officer Grade-II (ANSO-II) in the Pay Band of Rs. 9300-34800 with Grade Pay of Rs. 4600/- in the Material Organization under the 3rd respondent, namely the Flag Officer-Commanding-in-Chief, Headquarters Southern Naval Command, Naval Base, Cochin. His next promotion is to the post of ANSO-I in the Pay Band of Rs. 15600-39100 with Grade Pay of Rs. 5400/-. There were 8 vacancies as on 01.01.2010 in the cadre of ASNO-I. Having completed 3 years regular service as ANSO-II on 09.05.2009, he was eligible for consideration for promotion to the post of ANSO-I as on 01.01.2010. Considering the fact that he was to retire from service on 30.11.2010, he had requested the authority concerned to convene a DPC at the earliest and consider him for promotion, on 28.06.10. In the absence of any positive result, he has filed this O.A for a direction to the respondents to convene a meeting o...
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DR. K.B.S. RAJAN, JUDICIAL MEMBER 1. The chronological sequence of events in this case has neatly brought out in the synopsis can be easily borrowed to have a hang of the case. The same is as under:- 28/03/80 The applicant was appointed as a LDC at Records, the Grenadier, an Army establishment. 1988 The applicant was transferred to DSC Records Kannur. 01/11/97 Applicant was promoted as UDC in the scale of 4000-6000/-. The applicant was granted the 2nd financial upgradation under the ACPS in the scale of 5000-8000/- and her pay was fixed at 01/12/05 Rs.5150/-. The VI CPC report was implemented and the pay of the applicant was placed fixed at Rs.9580/-, the corresponding pay 01/01/06 of Rs.5150/- with grade pay of Rs.4200/-. 18/01/07 The applicant's husband died. 21/10/08 The applicant was granted unilateral transfer on compassionate ground to HQSNC. The applicant joined with HQSNC at NAQAS and as per clause 6 (a) (b) of the transfer order the salary she was drawing in the former post un...
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K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. The applicant in this O.A. was empanelled for promotion to the grade of Technical Assistant (Engineering), Group 'B' Gazetted vide Annexure A-1 order dated 11.05.2010. The order for promotion was issued by the competent authority vide Annexure A-2 dated 27.12.2010. The promotion was to take effect from the date of assumption of charge of higher duties by the applicant. However, in view of a criminal case filed against the applicant on 30.04.2010, the 3rd respondent vide Annexure A-4 dated 03.02.2011 ordered that his case for promotion shall be deemed to have been placed in sealed cover as per para 7 of DoPandT OM No. 22011/4/-91-Estt.A dated 14.09.1992. Aggrieved, the applicant has preferred this O.A for quashing Annexure A-4 order and for a direction to implement the order of promotion already issued to him and permit him to join duty forthwith. 2. The applicant contended that the DoPandT O.M dated 14.09.1992 cannot apply to him as he had alr...
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HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. The applicants in this O.A. were initially engaged as casual labourers in the Naval Ship Repair Yard, Naval Base, Kochi, on 09.05.1987, 15.03.1980 and 25.10.1984 respectively. They were granted temporary status with effect from 13.09.2001, 16.01.2002 and 16.08.2001 respectively. On attaining temporary status, they are entitled to wages at daily rates with reference to the minimum of the pay scale corresponding to regular Group-D employee including DA, HRA and CCA. Besides, increment at the same rate as applicable to Group-D employee would be taken into account for calculating pro-rata daily wages for every one year of service subject to performance of duty for at least 240 days ( 206 days in offices observing 5 days week) in the year from the date of conferment of temporary status. Applicants were regularly appointed as unskilled labourers with effect from 06.02.2006. Consequent upon implementation of the recommendations of VI CPC,...
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By Hon'ble Mr. Justice P.R. Raman, Judicial Member - 1. Miscellaneous Application No. 1061 of 2011 is for condonation of delay in filing the Review Application. Heard both sides. Miscellaneous Application is allowed and the delay is condoned. 2. The ground for review is that as per Annexure RA-1 the applicant is to be considered for the vacancy of Senior Administrative Officer that arose during the year 2004-2005, the only vacancy of Senior Administrative Officer that arose during 2004-2005 sanctioned by the Ministry of Defence vide letter dated 29th December, 2004 and that the said vacancy was pertaining to Naval Academy, Ezhimala. True copy of the letter of Ministry of Defence is Annexure RA-2 dated 29th December, 2004. According to them RA-2 was omitted to be brought to the notice of this Tribunal at the time of hearing of the OA, resulting in RA-1. Therefore, the RA-1 order is sought to be reviewed by the applicants (respondents Nos. 1-3 in the OA). 3. Thus, the ground for review i...
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Hon'ble Mr. K. George Joseph, Administrative Member - 1. This O.A has been filed by the applicant praying for the following reliefs: (i) To call for the records relating to Annexures A-1 to A-8 and to quash A-2 and A-1 to the extent it includes the category of Fire Engine Drivers as the feeder category for the post of Supervisor (Fire), being illegal, arbitrary and against public interest; (ii)To declare that the cadre of the applicant, i.e. LHF(SG) and (OG) alone are entitled to be considered for promotion to the cadre of Supervisor (Fire) being the most experienced from among the cadres of total Fire staff and to direct the respondents to promote them to the ensuing vacancies of Supervisor (Fire), considering their seniority also; (iii)To direct the respondents to regularise the intake of personnel to the post of Supervisor (Fire) by experienced personnel after evaluating all factors, if necessary by amending the Recruitment Rules, in the interest of justice; (iv)To pass any other or...
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P.R. RAMAN, JUDICIAL MEMBER1. The applicant is presently working as Accounts Officer, Cochin in Defence Accounts Service. He joined the service as Auditor at Area Accounts Office, Shillong Meghalaya on 09.01.1980. He had to his credit 30 years of service. During the period he had been working at various hard stations like andaman Islands, Port Blair etc. Last of his transfer to a hard station is to Port Blair by Annexure A-1, as per which he had been assured that he will be repatriated to his choice station after completion of three years. As a matter of fact, the applicant had completed more than three years at Port Blair at the relevant time when he was transferred to Cochin. But according to the applicant his choice station was Trivandrum. Therefore, going by Annexure A-1 and the relevant transfer policy, he is contending that he may be posted at his choice station. Therefore, he seeks for an appropriate direction to the respondents to transfer him to a suitable place at Trivandrum....
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DR. K.B.S.RAJAN, JUDICIAL MEMBER1. The applicant is an Ex Naval Apprentice who has passed the Trade Test conducted by the National Council for Vocational Training in the trade of Machinist after one year apprenticeship during October, 2006 to October, 2007, training in the Naval Ship Repair Yard, Kochi, vide Annexure A-1. Provision exists for absorption of such Ex Naval Apprentices of Designated Trades for recruitment to the post of Tradesman Skilled to the extent of 60% of the vacancies, vide column 11 of the Annexure A-2 Recruitment Rules. On coming to know about the existence of a number of vacancies in Machinist Trade, the applicant made a representation dated 03-04-2011 vide Annexure A-3. The respondents have in reply therefor, vide Annexure A-4 (impugned) stated that the case of absorption of such ex apprentices in the post of Tradesmen (skilled) is kept in abeyance as the issue regarding age limit for absorption is under examination of the integrated Headquarters, New Delhi and ...
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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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