Court : Central Administrative Tribunal CAT Delhi
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...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Reported in : (2007)(3)SLJ312CAT
1. In this O.A. the primary relief sought by the applicant is quashing and setting aside of the impugned order dated 12.1.2006 (Annexure A-l), with a direction to the respondents to make payment of Rs. 49,290/-, being the balance amount of medical reimbursement claimed on account of his medical treatment, with interest at the market rates.2. The brief facts of the case are that the applicant stood retired as Assistant from the office of the Director General Supplies and Disposal w.e.f. 28.2.1995. He had a whole-life CGHS Token Card bearing No.P-620727. As the applicant was suffering from severe coronary artery triple vessal disease (Heart ailment), he was taken to Batra Hospital and Medical Research Centre, New Delhi (Batra Hospital, for short). He was examined by the concerned doctor at Batra Hospital and was found in need of undergoing Coronary Artery Bypass Grafting Surgery at the earliest. Chief Cardiac Surgeon of Batra Hospital, in his Certificate dated 27.2.2000, intimated that ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
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 ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
1. Short question, which arise for determination in the present OA may be culled out as under: Whether a person who is appointed purely on ad hoc basis through a selection process following an advertisement with clear stipulation that the ad hoc appointment will not be counted for the purpose of seniority and eligibility for promotion/confirmation, on his subsequent selection in an open competition on the basis of recommendation of UPSC, can claim counting of the earlier ad hoc service with his regular service for the purposes of seniority and promotion.2. The factual background of the case is as follows. Applicant was appointed on ad hoc basis as a Specialist in Radio-diagnosis Grade-II initially for a period of one year w.e.f. 15.9.93 or till the post was filled on regular basis whichever was earlier. The appointment letter stipulated that the period of ad hoc service will not bestow on him any claim or right for regular appointment in Central Health Service and the period of ad hoc...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
1. Initially OA No. 2786/1997 was dismissed on merits vide order dated 13.08.1998 against which Writ Petition No. 5914 of 1998 was preferred by the applicant. The said Writ Petition was heard along with two other connected Writ Petitions No. 5152 and 5461 of 1998 and since the question of facts and law involved therein had been similar, the same was disposed of by a common order dated 09.04.2002 with the following observations: xxxxx. Keeping in view the fact that neither the factual aspect nor the effect of non-compliance of Rule 19(2)(a) of CCS (Pension) Rules, if any, had not been taken into consideration by the learned Tribunal, we are of the opinion that the matter requires afresh consideration by the learned Tribunal. Before the learned Tribunal, if the parties so desire, may also file an application for amendment questioning the order passed by the Central Government which may be considered by it on its own merits. Keeping in view the facts and circumstances of the case, we wou...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Reported in : (2006)(91)SLJ282CAT
1. The question posed in the present O.A. is whether casual labourer is entitled to regularization merely on completion of 206/240 days, as the case may be, in two consecutive years, under DOP and TO. Ms. dated 26.10.1984 and 07.06.1988? 2. This is the second round of litigation. On an earlier occasion 4 applicants as in this O.A., instituted O.A. No. 860/2004 and prayed for regularization of their services in terms of DOP and TO.M. dated 26.10.1984 read with O.M. dated 7.6.1988 and also based on the decisions of this Tribunal in the matters of Partnanand v. UOI and Ors.(T.A. No. 4157 1986), Biswajyoti Ghosh and Ors. v. UOI and Ors. 1994 Vol. 1 ATI 488 and Ashok Kumar and Ors. v. UOI and Ors. (O.A. No.104/2002) wherein it had been held that casual labourers, who had rendered 206 days in two consecutive years, were entitled for regularization. After considering the various contentions raised by the parties, the said O.A. was disposed of vide order at 27.05.2004, with the following obse...
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