Court : Central Administrative Tribunal Principal Bench New Delhi
..... by the deputy commissioner, as given in (2) (iii), either the deputy commissioner, or any municipal officer or employee to whom powers to impose penalty is delegated under section 491 of the act is competent to impose ..... it was also submitted that regulation 9(i) of the dmc services (control and appeal) regulations, 1959, specifically stipulates that where a municipal officer or other municipal employee is removed or dismissed on the ground of conduct which had led to his conviction on criminal charge, the disciplinary authority may consider the ..... of dmc act stipulates that while a reasonable opportunity of showing cause against the action proposed to be taken has to be given to a delinquent employee, but this provision does not apply where an officer or any other employee is removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge. ..... regulation 9 (i) of the dmc services (control and appeal) regulations 1959 stipulates that where a municipal officer or other municipal employee is removed or dismissed on the ground of conduct which has been led to his conviction on criminal charge there is no need to follow the procedure for imposing major penalties as laid ..... during arguments learned counsel for the applicant had also filed written submissions, and along with that he had filed a fresh office order dated 22.08.1988, which had not been filed by him along with oa, or at any other stage of the pleadings, from which we observe that the last line .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... they have also stated that as per paragraph 1 of the transfer guidelines for group a officers, all employees are liable to be transferred and posted anywhere in india, any point of time and transfer to any desired ..... 29.02.2011 wherein it is was held that the government servant has no vested right to remain posted at a particular place as transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific ..... and the other spouse belongs to a psu:- the spouse employed under the psu 'may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the psu in that station, to the station nearest to the station where the other spouse is posted ..... station, then the spouse belonging to the central service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under psu is posted. ..... the all india services and the other spouse belongs' to one of the central services:- the cadre controlling authority of the central service may post the officer to the station or if there is no post in that station, to the state where the other spouse belonging to the all india service is ..... except the officers of high ranks, the employees of these organizations are not transferred from .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... this court, in a catena of decisions, has granted relief against recovery of excess payment of emoluments/allowances if (a) the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee and (b) if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous. ..... training) re-designated as central provident fund commissioner (human resources) and virtue of holding of said post, he was made a member secretary of the sub-committee central board of trustees, epf which was constituted for examining representations of employees of epfo regarding grievances/anomalies in the implementation of vth central pay commissions pay scales. ..... after referring to shyam babu verma case, sahib ram case (supra) and few other decisions held as follows: such relief, restraining recovery back of excess payment, is granted by courts not because of any right in the employees, but in equity, in exercise of judicial discretion, to relieve the employees, from the hardship that will be caused if recovery is implemented. ..... appointment of officers and employees of the central board: the power of appointment vested in the central board under sub-section (3) of section 5d of the act shall be exercised by the board in relation to posts carrying the maximum scale of pay of rs.14300-18300. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... conditions of service- unless expressly provided for in these regulations to the contrary, the general terms and conditions of service of officers and employees of the authority shall be governed mutatis mutandis by the fundamental and supplementary rules applicable to the central government officers and employees and by the central civil service (temporary service) rules, 1949, and by orders and decisions issued by the central government under these rules from time to time." 15. ..... that section-27 provides for pension and provident funds, which states as follows:- section-27 pension and provident funds (1).the authority shall constitute for the benefit of its whole-time paid members and of its officers and other employees in such manner and subject to such conditions, as may be prescribed by rules, such pension and provident funds as it may deem fit. ..... the case of the applicant rests on the submission that the respondent-authority has been constituted under section 56 of the delhi development act, 1957, which empowers the central government to frame the rules for officers and employees of the dda, and also the conditions under which the pension and provident funds etc. ..... through the provisions of the delhi development act, 1957, and, as was submitted rightly by the respondents, section-27 of the said act provides for the authority to constitute for the benefit of its whole-time paid employees and other officers and members, such pension and provident fund rules as it may deem fit. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... in the aforesaid judgment the honble high court while upholding the decision of the chandigarh bench of this tribunal held that as per section 5d(7) of the employees provident funds and miscellaneous provisions act, 1952 the central board of trustees of epfo was not required to seek prior approval of the central government in a case where there was no departure from the rules ..... 3.1 the applicants have stated that since group-a cadre of the corporation was not getting pay scales and other benefits corresponding to the officers of the central government, in july, 1998 the ministry of labour and employment vide notification dated 07.07.1998 constituted a pay committee under the chairmanship of ..... allowances, discipline and other conditions of service of the members of the staff of the corporation shall be such as may be specified in the regulations made by the corporation in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay. ..... contended that once the board of trustees had approved the proposal for extending benefits of organized group-a services to the employees of esic, reference to the ministry was not necessary and esic should have themselves implemented the decision. 6. ..... court held that if the benefit of nfsg was not extended to the employees of central government and departure was being made in respect of employees working in epfo, only then approval from the central government was required. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... 2005 of the railway establishment manual volume-ii bring out, to give clarity, that with respect to casual labour other than casual labour employed on projects, on attaining temporary status, if followed by absorption as a regular railway employee, half service as casual labour has to be reckoned while calculating length of service meaning thereby the entire service rendered while on temporary status. 11. ..... by dint of hard-work and a statutory rule or a statutory manual pertaining to pension and particular when it concerns the lowly paid employees, and in the instant case casual workers who attained a temporary status followed by permanent absorption have to be construed liberally. ..... high court and thus reads:- learned counsel for the petitioner very fairly submits that one of the questions arising for consideration in these writ petitions is whether the service rendered by an employee with temporary status is to be counted for purposes of fixation of his pension and other benefits on his being regularized. ..... above, the temporary service rendered by above employees in office of custodian will not count as regular service ..... this joint original application filed under section 19 of the administrative tribunals act, 1985 challenged the impugned annexure a-1 letter dated 15.02.2012 issued to the applicant no.1 by the respondent no.2, namely, the office of the custodian, the special court (torts) act, 1992, banking division (department of financial services), ministry of finance, new delhi. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... belonging to scheduled castes and scheduled tribes have been prepared by the departmental promotion committee, these should be merged into a into a combined select list in which the names of all the selected officers, general as well as those belonging to scheduled castes and scheduled tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which the ..... rules, 2008 restoring the earlier provision with retrospective effect from the date of its omission on 12.12.1991 when the iis (group-a) amendment rules, 1991 had been notified directing restoration of officers who had suffered upheavals in their seniority on account of omission of this provision, a seniority list was published vide om dated 09.11.2009 wherein the seniority of the applicant was shown qua the respondent ..... would normally be operative for a period of one year, but this period may be extended by six months to enable such of the officers included therein, as could not be appointed to the higher posts during the normal period of one year, to be appointed during the ..... by the department of personnel and training, specify that it may so happen that in some cases of promotion, the senior officer would not have completed the required service whereas the junior would have completed the prescribed eligibility condition for promotion. ..... no .distinction in the case of employees in the officers group in jmgs i of the bank from the officers falling in group 'a under the steel .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... coming to the facts of the present case, it is seen shri ram kishan, the husband of applicant no.1, who was working as a casual employee in respondent no.2s office, was conferred temporary status with effect from 1.12.1993, vide office order dated 17.12.1993 (annexure a-5), in accordance with the casual labourers (grant of temporary status and regularization)scheme of government of india, 1993, which in terms of paragraph 3 thereof, is not applicable to casual workers in railways, department of ..... of personnel training will have the power to make amendments or relax any of the provisions in the scheme that may be considered necessary from time to time.8.2 the office order no.b-plim(2)/93-94/1323, dated 17.12.1993 (annexure a-5) issued by respondent no.2, whereby temporary status was conferred to shri ram kishan, the deceased casual employee, reads thus:office orderin pursuance of casual labourrs (grant of temporary status and regularization) scheme of government of india, 1993 read with o.m.no.51016/2/90-estt. ..... scale for a corresponding regular group dofficial including da, hra and cca.benefits of increments at the same rate as applicable to a group d employees would be taken into account for calculating pro-rata wages for every one year of service subject to performance of duty for at least 240 days (206 days in administrative offices observing 5 days week) in the year from the date of conferment of temporary status.leave entitlement will be on a pro rata basis at .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... from a combined reading of the letters/office orders, vide annexures rj 3-2, annexure r-3, and annexure a-8 issued by respondent-bsnl, it transpires that there is no consistency in their decision with regard to grant of encashment of earned leave officers/employees who were working on deemed deputation ..... ) has been under consideration in bsnl. 2. as the facility of ltc is also admissible while availing casual leave, now it has been decided by the competent authority to permit bsnl employees (both absorbed/directly recruited and unabsorbed who are working on deemed deputation/deputation basis) to avail of encashment of earned leave upto 10 days at the time of availing ltc without any linkage to the ..... while the matter stood thus, respondent-bsnl withdrew the leave encashment facility by issuing office order no.5/2010, dated 18.3.2010 (annexure r-3), which reads thus: the issue of encashment of earned leave while availing ltc without any linkage to the number and nature of leave availed while proceeding on ltc in respect of bsnl employees (both absorbed/directly recruited and unabsorbed who are working on deemed deputation/deputation basis ..... . it is to be noted here that the respondent-bsnl, vide office order dated 27.10.2010 (annexure a-8), allowed encashment of earned leave while availing ltc for the employees (absorbed/directly recruited and unabsorbed employees) without deducting the same from the maximum amount of earned leave encashable at the time of .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... circumstances of the case, allow this oa and direct the respondent no.3 ministry of finance to accord necessary financial sanction for the introduction of the gpf-cum-pension scheme to all the employees of the respondent no.1 who have been appointed prior to 01.01.2004 as in the case of employees of autonomous bodies like national council of educational research and training, kendriya vidyalaya sangathan, indian council of social science research, the national institute of health and family welfare, icus ..... on 19.12.1989 the board of cpcb resolved to adopt the gpf-cum-pension scheme of government of india and directed that existing employees of cpcb be given an option to either switch over to the pension scheme or to continue under the cpf scheme. ..... respondents no.2 and 3 have also filed their reply in which they have stated that the applicants are not central government employees and that their service conditions are governed by the rules and regulations of cpcb. ..... in this case, it was noted that the deceased husband of the applicant had opted for continuation under the cpf scheme when option was given by the cpcb to its employees in 1996 to either opt for the pension scheme or continue in the cpf scheme. ..... on 24.01.1995 the cpcb method of recruitment, terms and conditions of service of officers and other employees were notified. ..... rule-6(2) of the regulations stated that rules and orders applicable to officers and servants of central government shall also apply to the employees of cpcb. .....
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