Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... contents of the corresponding para, except those being matter of record, are wrong, misleading and misconceived and hence vehemently denied. it is submitted that a proposal for amendment to rrs for all group a posts in telecommunication wing under cbec was submitted to the ministry of finance by the commissioner, directorate of preventive operations on 8.10 ..... was still under consideration of the department. in such a situation, issuance of any direction in judicial review compelling the respondents for hurrying the notification of the amended rrs would not be appropriate. 5.5 rebutting the applicants plea for a promotion on the basis of the draft rrs, it would be submitted that as ..... only if it is shown that the action of the employer is contrary to any constitutional or statutory provision or is patently arbitrary or vitiated by malafide. 6.3 the position of law in respect of acting on draft rrs was spelt out by the honble apex court very clearly in its judgment in vimla kumaris cited .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... recommendations were conditional upon the higher pay scales actually having been implemented in the cghs. further, a recommendation had also been made about the simultaneous amendments in the recruitment regulations. 9.5.3 on consideration by the administrative ministry, these recommendations for grant of higher pay scales had not been found ..... been implemented by the central government in respect of its employees. the relevant extracts are reproduced as below: as per section 17 (2) of esi act, wherever any departure from rules and orders applicable to the officers and employees of central government is made, the employees state insurance corporation shall obtain ..... the central government. the relevant extracts about section 17 (2) as quoted from this order are reproduced hereunder: as per section 17 (2) of esi act, wherever any departure from rules and orders applicable to the officers and employees of central government is made, the employees state insurance corporation shall obtain .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... thereunder as they were obtaining on the date of making of rule 3 continued in the same form, unaffected by subsequent amendments or changes in the central excise act and rules.it was further urged that amendment effected in 1982 in rules 9 and 49 of the central excise rules was not available/applicable to the levy and collection ..... the finding/observation made in the order dated 9.9.2006 that all contentions made by the applicant had been duly taken into consideration while issuing the notification, is patently incorrect and can even be termed to be bordering on falsehood. if perhaps the applicant would not have a cast iron case in law, we would have while ..... .2.2006, inter alia stating that the assertion in the impugned notification to the effect that he did not respond to the first respondent's earlier notice was patently incorrect and inaccurate. he further pointed out that the allegation that he chose to ignore the first respondent's communication dated 20.5.2005 was also incorrect and .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... ta 570/1996 wherein it was held that cghs is an industry within the meaning of section 2(j) of industrial disputes act. it was also held therein that section 2(c) of industrial disputes (amendment) act, 1982 has not yet been brought into force. this judgment is reported to have been upheld as slp was dismissed (page- ..... right on the issue, reliance placed by applicants on any judgment given by the tribunal is of no value specially when amendment has been carried out in sub section (j) of section 2 of industrial disputes act, which is evident from the book of g.m. kothari on industrial law fifth edition 2000. in the explanation to ..... government where employees resort to various methods of protests for redress of grievances, some of which are tantamount to strike. references have been received seeking clarification whether certain acts are covered under the definition of 'strike' and if so, whether action can be taken against such employees for violation of the conduct rules. it is, therefore .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... but lies only for patent error. mere repetition through different counsel of old and overruled arguments and fighting over again the same battle which has been fought and lost, under the review label ..... new facts occurring after the original decision cannot be used for reviewing the case. right to review is not a right to appeal. central administrative tribunal cannot act as an appellate court while reviewing the original order. a review, by no means, is an appeal in disguise whereby an erroneous decision is reheard and corrected, ..... 01.08.1984), pages 48-60. the two rules are materially different in view of the amendments subsequently made. in this context, the applicant has further stated that the respondents had filed counter, containing a copy of the amended rules ibid., belatedly and the applicant was not given an opportunity to file a rejoinder. the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... private secretary (rs.2000-3500). assistant. gr. c? personal assistant personal assistant (rs.1640-2900) gr. d? stenographer stenographer (rs.1200-2040) _______________________________________________________________ the necessary amendment in the rbsss rules would be made in due course. the above decision will be effective from the date of issue of dop?s om no.20/32/89-cs ..... inclusion of pss in the zoc for their promotion to grade-i (us/dd). since none of the private secretaries, included in the zocs circulated for the year 2002-2003, 2003-04 and 2004-05, have the requisite experience of working as so, we may remove their names from zocs. or (b) we may continue ..... issued a notification dated 13.1.1992 adopting the corresponding punjab rules governing the conditions of service of its employees, is not disputed. therefore when appellant acted in accordance with the said directions, it is not necessary to consider whether there were any occasion between 1992 to 2001 to invoke the said rules or .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... as grave and serious and involving moral turpitude thereby disentitling the persons convicted for such offences to be given public employment. with reference to the latest amendments in the criminal procedure code and emphasis on plea bargaining and concept of summary trials, we had noted that it is desirable to evolve clear guidelines on the ..... respondent had disclosed both in the application and the attestation form about his alleged involvement in a criminal case registered vide fir no.104 dated 25.07.2002 under sections 148/149/323/427/506 of ipc at police station- kanina, district mahendergarh, haryana. the respondent further disclosed that he had been acquitted ..... and considering the charge against the respondent and disposal of the cases as compromised with admonition and benefit under section 3 of the probation of offenders act concluded the respondent to be habitual of picking up quarrels and resorting to violence and his such attitude rendering him unsuitable. it is thus not as .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... unfilled vacancies of cldce to the select list consisting of seniority quota candidates, as vested accrued right of the government servant cannot be taken way by amendment to the rules with retrospective effect. as regard not issuing supplementary lists, she submitted that official respondents have intimated that all pending requests, if any, ..... of senior officers to assess the magnitude of stagnation in the assistants/ grade of css and suggest remedial measures. the committee submitted its report on 28.2.2002 recommending, inter alia, (i) for discontinuation of direct recruitments in the grade of section officer; (ii) creation of 1405 posts in the grade of ..... when the right of the applicants had already accrued. shri gupta emphatically claimed that the applicants herein are indeed aggrieved persons in terms of administrative tribunals act, 1985 as about 760 persons have been added over and above the applicants in violation of the statutory recruitment rules. the applicants are eligible in .....
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..... balbir kaur and anr. vs. uttar pradesh secondary education services selection board, allahabad and ors. the honble supreme has held though section 18 was reintroduced by the 1995 amendment act with certain conditions yet the legislature fixed 6th august, 1993 as the cut off date as the state government had decided to make regular selection and steps in that behalf ..... to consider their claims wholly on the basis of their performance in ad hoc service and the oa no. 988/2011 with connected oas was decided on 19.9.2002. annexure a/12 is the copy of the order of the tribunal. the tribunal has decided and observed the applicants in these oas have been appointed on ad ..... /99, 2749/99, 2843/99,2546/97, 2584/97, 2983/97, 2590/97, 2858/97, 2685/97, 2750/97, 114/98 and 115/98 in the years 1999-2002 claiming regular pay scales and continuity of service. that the tribunal had awarded them the regular scales and also restrained the government to dispense with their services till regular appointee .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... is clear, as laid down by this court in sant ram sharma v. state of rajasthan and another (supra): it is true that the government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point government can fill up the gaps and supplement the rules and ..... were sent on 17.07.2003. thereafter, matter remained under correspondence/discussion with ups regarding additional vacancies over and above the prescribed percentage for the vacancy year 2002-2003. the facts relating to the additional vacancies are given in greater detail hereafter for better appreciation. in order to reduce stagnation amongst group `b officers ..... in the circular. this makes it very clear that it is not open to the committee concerned to ignore the instructions contained in the circular or to act contrary to the directions contained therein. 42. we, therefore, repel the submission of the respondents counsel that the action of the respondents in issuance of .....
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