Court : Central Administrative Tribunal CAT Mumbai
Reported in : (2004)(1)SLJ152CAT
1. By the present O.A. the applicant is challenging the notification dated 11.10.2001 issued by Respondent No. 1 appointing Respondent No. 4 i.e. V.T. Thomas of the State Forest Service of Goa to the Indian Forest Service with immediate effect.2. The applicant was initially appointed as Assistant Conservator of Forests on adhoc basis vide order dated 20.1.1987 and has been working as Assistant Conservator of Forests/Deputy Conservator of Forests in the Goa Forest Department. The applicant was appointed on regular basis as ACF from 8.8.1990 and was confirmed on 8.8.1992 vide order dated 1st September, 1999 after completion of two years of probation. The State Forest Service Assistant Conservator of Forests (ACF for short)/Deputy Conservator of Forests (DCF for short) is the feeder grade for promotion to the IFS, The promotion to the IFS from the feeder grade is regulated by the Indian Forest Service (Recruitment) Rules, 1966 and Indian Forest Service (Appointment by Promotion) Regulati...
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
1. This is joint petition filed by the Employees' Union and one of its members/ employees challenging the Office Memorandum dtd. 26.06.2009 issued by Government of India, Ministry of Defence by which the House Rent Allowance/Transport Allowance/Small Family Allowance was excluded for the purpose of computing Overtime Allowance admissible to the employees under the provisions of the Factories Act, 1948. 2. The only grievance put forth on behalf of the employees is exclusion of the HRA/Transport Allowance/Small Family Allowance for the purpose of computing Overtime Allowance, which the employees were getting previously by virtue of the provisions of sub-Section 1 and 2 of Section 59 of the Factories Act, 1948, which specifically provides that where a worker who works for more than nine hours in any day or for more than 48 hours in a week, he shall in respect of overtime work be entitled to wages at the rate of twice his ordinary rate of wages. Sub-section (2) explains the term ordinary r...
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
Reported in : (2004)(3)SLJ312CAT
1. The grievance of the applicants is that the respondents have conducted the selection for promotion to the post of Law Assistant in violation of the various orders of the Railway Board and have published on 01.01.2003. Hence, they have filed this OA under Section 19 of the A.T. Act seeking following reliefs:- (a) This Hon'ble Tribunal may graciously be pleased to call for the records of the case which led to issuance of the panel dated 01.01.2003 and after going through its propriety, legality and constitutional validity, be pleased to quash and set aside the panel dated 01.01.2003 issued under Order No.E/Legal/1025/4/27 Vol. IV issued by Respondent No. 2. (b) This Hon'ble Tribunal may further be pleased to direct the respondents to conduct a fresh selection to the post of Law Assistant. (e) Any other and further order as this Hon'ble Tribunal may deem fit proper and necessary in the circumstances of the case.2. The facts of the case in brief are that the applicant No. 1 is working ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash and set aside the order Annexure--'A-1' dated 6.12.1994, stopping of H.R.A. with effect from 1.12.1993 which is illegal and payment of the same.2. Perusal of the impugned order is necessary for proper appreciation of the subject matter which is as under: With reference to his application dated 23.3.1994, Shri V.L. Gawand, Artist Engraver, is informed that since his wife is in occupation of Govt. accommodation at the same station, he is not entitled for drawal of H.R.A. with effect from 25.12.74. Accordingly, his H.R.A. recovery for the period from 25.12.74 to 30.11.93 is worked out to Rs. 77,329/-. He is therefore hereby directed to remit the above amount in the Mint Treasury either in lumpsum or in suitable instalments by cash or through his monthly salary so that entire amount of recovery may be made before his retirement." 3. The perusal of the impugned order makes it clear that H....
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