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
..... recorded that no material was placed to show that any order has been passed by the co-operative department confirming the concerned employees in their posts, with reference to rule 24 it was noted that mere completion of probation does not result in automatic confirmation ..... only a welfare scheme and is issued only to take care of the welfare of the family of groups b, c and d employees in certain circumstances, but such transfer could not have been claimed by the applicant as a matter of right or a routine phenomenon. ..... dated 27.10.2011 providing that any willing groups b, c employees and erstwhile group d employee could apply for transfer from the jurisdiction of one cadre controlling authority (cca) to another cca subject to availability of vacancy and condition that on transfer the transferee will be placed below all officers appointed regularly to that post/grade on the date of his / her appointment on transfer basis in terms of paragraph 3.5 of the dopts office memorandum dated 3.7.1986. ..... .ad.iiia dated 07.08.2009 to the extent that the icts of group-b, c and d officers on spouse ground as well as on compassionate ground appointment have been allowed without loss ..... dated 7.8.2009 taking the view that icts of groups b, c and d officers on spouse ground as well as on compassionate ground appointments has to be without ..... no circumstances, request for ict should be entertained till the officer appointed in a particular commissionerate/post complete the prescribed probation .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... that being not so, the wider interpretation cannot be placed on the rule to infer that the probationer gets the status of a deemed confirmed employee after expiry of three years of probationary period as that would defeat the basic purpose and intent of the rule which clearly postulates :if confirmed. ..... 6.8 thus, we find that while other grounds were not valid, the respondents were right in terminating the appointment of the applicant as senior security officer on the grounds that he had been appointed to a post which was not open to internal candidates of ntro and that he also did not meet the prescribed eligibility criteria of having five years of service in the pay ..... the selection committee which was headed by director (sandci) met on 25.02.2009 and selected the following four candidates for the post of senior security officer:- (i) shri rajesh kumar parida on deputation (ii) shri alel singh kunwar on contract (iii) shri suresh chander gahlawat on re-employment (iv)shri s.v. ..... this court went on to hold that at the end of the period of probation an order confirming the officer is required to be passed and if no such order is passed and if he is not reverted to his substantive post, the result merely is that he continues in his post as a probationer.? ..... whether the respondents were at all justified in terminating the appointment of the applicant as senior security officer; and (ii).whether they could have done it in the manner in which they have passed the impugned order. 6. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... to the government as a result of negligence of fraud on the part of the railway servant while he was in service; (b) other government dues such as overpayment on account of pay and allowances, or admitted and obvious dues such as house rent, post office, life insurance premia, outstanding advance etc; (c) non-government dues." 3. it cannot be said that the case put forth on behalf of the appellants can be brought in any one of these categories ..... the commission in this behalf shall have the right to make recovery of commissions dues before the payment of the death-cum-retirement gratuity due in respect of an officer even without obtaining his consent or without obtaining the consent of the members of his family in the case of the deceased officer as the case may be.? 14. it is obvious that the regulation itself stipulates that the commission shall have the right to make recovery of the commissions ..... 14. it is also noticed that if there is any dispute regarding recovery of damages or rent from the ex-railway employee, under rule 16 of the railway service (pension) rules, 1993, shall be subject to adjudication by the concerned estate officer appointed under the public premises (eviction of unauthorized occupants) act, 1971 (40 of 1971 ..... made. e) dispute, if any, regarding recovery of damages or rent from the ex-railway employee shall be subject to adjudication by the concerned estate officer appointed under the public premises (eviction of unauthorised occupants) act, 1971 (40 of 1971 .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... also filed a certificate, dated 17.10.2011, showing that her husband was then a permanent employee of northern railway and his lien and headquarters were with the northern railway, headquarters office, baroda house, new delhi and that he was then seconded on deputation to rites ltd ..... basis of this communication dated 17.10.2011, the applicant has stated that her husband was then a permanent employee of northern railway and his lien and headquarters were with the northern railway, headquarters office, baroda house, new delhi, when he was seconded on deputation to rites ltd. ..... spouse belongs to a central service 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. ..... psu has no post in the said 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. ..... in the said representation, the applicant stated that her husband, a central government employee was working for northern railway, new delhi and was then posted on deputation and working in ..... earlier, the applicants husband was an employee of the office of dy.f.a. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... , moud, has merely pointed to the advice of the department of pension and pensioners welfare, which has pointed out that the guidelines of 01.05.1987 do not automatically apply to the autonomous bodies; that the employees of the duac are governed by the statutory provisions of the duac act/rules, which provide for cpf scheme and hence pension scheme cannot be extended to them; the proposal has been submitted after 21 years ..... 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 ..... no.1/mci dated 25th september, 1986 on the subject noted there and to say that the question of introduction of pension scheme to the employees of the iimc has been considered in consultation with the finance ministry which have since agreed to the introduction of pension scheme in the ..... the grievance of the 26 employees of delhi urban arts commission (duac) in the said oa was that whereas the central government accorded approval to the decision taken by the managements of as many as 12 autonomous bodies/subordinate offices under them to switch over from the cpf scheme to the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... submitted that the applicant is accusing the government that the charge is very old of 1996-2000 but at the same time the applicant was at the helm of affairs as the senior most officer heading administration and deputy of the director general, he somehow managed and perpetuated the illegality which was finally revealed in the year 2006 when new dg joined and asked the applicant?s explanation. ..... and others, 1980 (1) slr 324 wherein the court held that delay in initiating proceedings must be held to constitute a denial of reasonable opportunity to defend himself for one cannot reasonably expect an employee to have a computer like memory or to maintain a day-to-day diary in which every small matter is meticulously recorded in anticipation of future eventualities of which he cannot have a pre-vision ..... been cropping up with unwelcome regularity, when the ministries/departments have, after years of masterly inactivity and neglect of material, which could form the basis of departmental proceedings, suddenly get activated when an employee is on the threshold of promotion by drawing up a memorandum of charge, serving it on the applicant and stalling his promotion. ..... the delay is unexplained prejudice to the delinquent employee is writ large on the face of it ..... the delinquent employee has a right that disciplinary proceedings against him are concluded expeditiously and he is not made to undergo mental agony and also monetary loss when these are unnecessarily prolonged without any fault on his .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... in the present case when the respondents issued repeated memos to the applicant and he kept on making them to feel his presence in the office by demanding posting, seat and stationery and no final view was taken by the respondents, the vital question arises to be determined is whether the applicant was actually absent from duty or not. ..... an order passed by the p and t authorities in the case of some of their employees, invoking fr 17-a was struck down by the lucknow bench of allahabad high court on the ground that issue of such an order without giving a reasonable opportunity of representation and being heard in person, if so desired, to the person concerned, would be ..... is reproduced hereinbelow:- (1).reasonable opportunity to be given before invoking the penal provisions- fr 17-a- a provides that a period of an unauthorized absence, in the category of cases mentioned therein, shall be deemed to cause an interruption or break in the service of the employees, unless otherwise decided by the competent authority for certain purposes. ..... (b) dated 20/23.5.1985, no final view regarding the absence of an employee can be arrived at till he is given an opportunity of hearing and his response is considered. ..... the principle of no work no pay can be invoked only if an employee does not perform the duty. ..... it is born out of record that the applicant had raised question of requirement of marking attendance by him, as certain other employees were also not doing so. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... and others) dated 28.10.2002 to the effect that the vacancies for different years were not to be clubbed together but to be taken year-wise and to grant the benefit of notional promotion to the officers from the date they had been found eligible for the post and assessed as fit for promotion against an available vacancy, partly allowed the oa no.2382/2010 vide judgement dated 26.05.2011 as follows: 9. ..... in pursuance of the orders of this tribunal dated 26.05.2011 in oa no.2382/2011 review dpcs were held on 07.03.2012 and 15.03.2012 and took up the vacancies financial yearwise and consequently the impugned seniority list of station officers dated 18.03.2011 has been superseded and revised tentative seniority list has been issued vide letter no.f.1(15)/04/h-iii/447 dated 16.04.2012. ..... dated 28.10.2002, which have attained finality, and directed the official respondents not to club the vacancies for different years together but to take them yearwise and to grant the benefit of notional promotion to the officers from the date they had been found eligible for the post and assessed as fit for promotion against an available vacancy. ..... further, it is clarified that if as a result of undertaking this exercise some other employees are adversely affected, who are not before us, the same would be done after issuing a show cause, in observance of the principles of natural justice. ..... is imperative to ensure so that any particular set of employees do not steal an unjustified march over others. 10. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... 1980 (1) slr 324 wherein the court held that delay in initiating proceedings must be held to constitute a denial of reasonable opportunity to defend himself for one cannot reasonably expect an employee to have a computer like memory or to maintain a day-today diary in which every small matter is meticulously recorded in anticipation of future eventualities of which he cannot have a ..... it has also been observed that when a plea of unexplained delay in initiation of disciplinary proceedings as well as prejudice to the delinquent officer is raised, the court has to weigh the facts appearing for and against the petitioners pleas and take a decision on the totality ..... the applicant has further submitted that the disciplinary authority has failed to consider the fact that it is difficult for an employee to recollect such an old incident like one referred to in the charge memo particularly when the applicant was not even provided any equipment to ascertain the gsm as admitted by ..... 2005 and the respondents have very clearly informed that the hard copies of original documents of b/es presented by the cha/importer before the inspector and superintendent in the shed and those officers gave their hand written report on the back of the body of the said be, invoice, packing list and declaration of cha/importer etc. ..... question of delay in initiation of departmental proceeding, the apex court in appala swamys case (supra) held that the delinquent employee could raise it before the enquiry officer. .....
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