Court : Central Administrative Tribunal CAT Ernakulam
..... he was appointed as a substitute gangman with effect from 30.11.1983 vide annexure a-2 office order dated 30.11.1983 issued by the assistant engineer, southern railway, quilon and later his services were regularised with effect from 6.12.1983. after his regular appointment as gangman he was confirmed against that post. however, on medical ..... the work of conversion was involving crores of rupees and the work was not done by open line. they have also relied upon note 1 to paragraph 2501 in chapter xxv of the irem which reads as under: "a project should be taken as construction of new lines, major bridges, restoration of dismantled lines and other major important ..... months as against the qualifying service of 27 years and 6 months. he has also submitted that he has not been given any gratuity under the payment of gratuity act, 1972 for his entire service as casual labourer/gangman. he has, therefore, made the annexure a-3 representation dated 20.6.2006 addressed to the 2nd respondent. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... and dated 17th 2003 respectively. the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995- absorption of disabled/medically decategorised staff in alternative employment- date of effect of the revised scheme-question regarding. chapter xii of indian railway establishment manual, vol-i, 1989 incorporating the scheme for absorption in alternative employment of medically de-categorised staff has been amended pursuant ..... to section 47 (1) of the persons with disabilities (equal opportunities protection of rights and full participation) act, 1995, vide acs no.77 issued under this ministry .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... existing hospital attendants in group 'd' to be considered for promotion as dressers gr.iii in terms of para 182 sub section iv of section b of chapter i of the indian railway establishment manual. they have also sought a declaration that they are eligible to be considered for promotion as dresser gr.iii notwithstanding the fact that they do ..... approval of the president. they have also relied upon the judgment of the apex court in state of andhra pradesh and another v. v.sadanandam and others [air 1989 sc 2060] according to which mode of recruitment and category from which the recruitment to a service should be made are all matters which are exclusively to the executive ..... 5.1998 (r.b.e. no.100/98) will have the value of only an executive instruction and the respondents cannot act upon the same. as in other paragraphs like 184 relating to marine engineering department, the railway could have very well incorporated the necessary qualification in para 182 also. as held by the apex court in y.v. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... . to ensure adequate representation of sc/st in service, special representation rosters are maintained. the principle of reservation operates on cadre strength. however, the railway wrongly and illegally applied reservation in promotion on arising vacancies instead of on posts and granted consequential seniority to such promotees from 1972 onwards. the illegal ..... st official could be promoted as there was none in the feeder category. it is a fact that the applicant was promoted on 2.7.1989 while the party respondents were promoted much earlier to him because of their accelerated promotions and consequential seniority. o.a.200/2008 27 the committee ..... government, keeping in mind the backwardness, inadequacy and representation in public employment and over efficiency of service..." 87 after the constitution (seventy seventh amendment) act, 1995 this court stepped into balance the conflicting interests. this was in virpal singh chauhan in which it was held that a roster point promotee getting .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... for withdrawal. as such his action being strictly in accordance with statutory regulations, rejection of application for withdrawal of voluntary retirement based on a non statutory railway board circular which is not in consonance with the terms of statutory provisions is illegal. 6. counsel for the respondents stated that when the applicant's ..... himthe relief. we accordingly, allow these appeals and set aside the orders of the tribunal as well as the order of the authorities dated 6-12-1989 and directed the respondents totreat the appellant to have validly withdrawn his proposal forvoluntary retirement with effect from 31-1-1990. the net result of this ..... and constitutional functionaries. in the case of a government servant/or functionary/who cannot, under the conditions of his service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service/or office tenure terminated, when it is .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... slr 844; vir pal singh chauhan and others vs. union of india and others, (1987) 4 atc 685 (cat) gc jain and others vs. divisional railway manager, central railway, jabalpur and another, 1986 lab i.c. 1809 (cat); joginder singh sethi vs punjab govt. and others 1983 (1) slr 442 (punjab and haryana high ..... 14. the version of the respondents that the panel of employees for selection post to be filled by selection was made during the years 1987, 1988, 1989 and 1990 is not under dispute. so, the panel was prepared before the pronouncement of the judgment in sabharwal case. 15. the decision in sabharwal ..... filed this c.p.(c) praying that action under the contempt of courts act may be initiated against shri v.k. agnihotri, general manager, southern railway, madras, shri r. sivaramkrishna, divisional railway manager, thiruvananthapuram and shri k. rajendran pillai, sr. divisional personnel officer, railway divisional office, thiruvananthapuram. when the contempt petition (civil) came before the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... , if any, tendered in lieu of freight charges, should also be recorded on the invoice. (c) under the provisions of section 65 of the railways act 1989 : (1) a railway administration shall- (a) in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loadings; ..... traffic accounts office to the forwarding stations, they are declared to be irrecoverable. (c) under the provisions of section 78 of the railways act, 1989 notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to-co re-measure, re-weight or re-classify any consignment; ..... from consignees/endorsee before delivery of goods. as regards overcharges claimed at the time of delivery, the procedure indicated in chapter xxi should be followed 1821. delivery of goods on production of railway receipt.- (a) the persons claiming the delivery should be required to produce the receipt granted to the sender at the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... attaining the age of 55 years in terms of note (3) in the concluding part of chapter 18 of the establishment code vol.ii which reads as under : "the three months notice referred to in these rules may be given before the railway servant attains the age specified in clauses (a) and (b) of rule 1802 or has ..... claim of the petitioner verified by resort to the machinery prescribed under the kerala (scheduled castes and scheduled tribes) regulation of issue of community certificates act 1996 by following the procedure prescribed under the act. ----" 4) later, op no.1460 of 1993 filed by the applicant was also disposed of by the hon'ble high court of kerala on ..... now promulgated the kerala (sc and st) regulation of issue of community certificates (amendment) ordinance 2008 (ordinance no. 37 of 2008) incorporating certain amendments to the principal act. the said amendment ordinance (annex. r-14) has come into force w.e.f. 1-2-2007 and sec.16a has been incorporated by amendment into the principal .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... includes a situation where a person is trying to board the train and falls down while trying to do so. since the provision for compensation in the railways act is a beneficial piece of legislation, in our opinion, it should receive a liberal and wider interpretation and not a narrow and technical one. hence, in ..... of qualifying service under the pension rules. in so far as entitlement to medical facilities after retirement is concerned, para 610 of chapter vi of medical attendance and treatment of the indian railway medical manual, vide annexure a1 is applicable. in the wake of the 4th central pay commission recommendations, the scheme of medical ..... of qualifying service under the pension rules. in so far as entitlement to medical facilities after retirement is concerned, para 610 of chapter vi of medical attendance and treatment of the indian railway medical manual, vide annexure a1 is applicable. in the wake of the 4th central pay commission recommendations, the scheme of medical facilities .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... completion of 120 days continuous service, should be counted as qualifying service for pensionary benefits if the same is followed by their absorption in service as regular railway employees. the matter has been considered in detail in consultation with the ministry of home affairs (department of personnel and administrative reforms) and the ministry of ..... appellant was making a number of representations to the appropriate authorities claiming the relief and that was the reason for not approaching the tribunal earlier than may 1989. we do not think that such an excuse can be advanced to claim the difference in back wages from the year 1971. in administrator of union ..... in para 3 of the oa has stated that the oa has been filed within the period of limitation as specified in section 21 of the administrative tribunals act, 1985. but his claim relates back to counting of part of the temporary service as qualifying service for pension and consequential benefits flowing therefrom. in earlier .....
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