Judgment Search Results Home > Cases Phrase: railways act 1989 chapter 5 opening of railways Court: central administrative tribunal cat ernakulam Page 3 of about 40 results (0.126 seconds)

R. Radhakrishnan Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ernakulam

Reported in : (2004)(1)SLJ254CAT

..... channel of promotions in his parent cadre. it was further submitted that due to financial constraints and to reduce the expenditure on projects, various measures had been taken by the railway administration and one such measure was to regulate all such irregular multiple/double ad hoc promotions streamline and to regulate them as per the channel of promotion available to an ..... ad hoc the same did not confer him any right to continue in the same grade. they also relied on the judgment of union of india v. h.n. kirtinia, 1989(3) slj 44 (sc), and the order of the madras bench of this tribunal in o.a. no. 465/98.according to them the o.a. was liable to ..... could not be repatriate without affording an opportunity. the learned counsel for the respondents reiterated the points made in the reply statement. he submitted that the applicant was enjoing act hoc promotions and that applicant's case was squarely covered by the order dated 4.12.2000 of the full bench of this tribunal in o.a. 103/97 and .....

P.J. Charley and Others Vs. Union of India Represented by the General ...

Court : Central Administrative Tribunal CAT Ernakulam

..... continuous employment (as the case may be).--(a) casual labour treated as temporary are entitled to the rights and benefits admissible to temporary railway servants as laid down in chapter xxiii of this manual. the rights and privileges admissible to such labour also include the benefit of danda rules. however, their service prior ..... gratuity. instead, if the applicants desire to retain the temporary status from the date they were granted the same by the railways, and claim payment of gratuity under the payment of gratuity act, individuals might have certain monetary advantages. vide para 6 of the counter, respondents are prepared to consider payment of gratuity ..... of least consequence for the purpose of working out qualifying service, though the service would be good for payment of gratuity under the payment of gratuity act, 1972, which, the respondents are prepared to afford to the applicants, subject to their fulfilling the attendant conditions.open line casual labour22. as regards open .....

T.K.Vijayakumari Vs. Union of India Represented by the Secretary, New ...

Court : Central Administrative Tribunal CAT Ernakulam

..... dispose of the same by testamentary disposition. 6. we, accordingly hold that mrs violet issac the widow of the deceased railway employee is entitled to receive the family pension, notwithstanding the will alleged to have been executed by the deceased on september ..... after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in chapter v, other than the pension referred to in rule 37, the family of the deceased shall be entitled to family pension, ..... the records as the sons of narain lal." 6. again the apex court in smt bhagwanti v. union of india [(1989) 4 scc 397], considering the case of the petitioners who were widows who had married the government servants after their retirement ..... the children of yogmaya devi through her marriage with narain lal would be legitimate under section 16 of the hindu marriage act. the first objection we have discussed above and there is nothing said by rameshwari devi to rebut the presumption in .....

P.M. Balan and anr. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ernakulam

Reported in : (2003)(3)SLJ96CAT

..... category was being eroded as far as the applicants are concerned. the gangmen were to be considered for transfer as provided in the indian railway establishment manual. the respondents could not act arbitrarily to gain undue advantage to the gangmen category by taking away the meagre benefits of promotion opportunities available to the khalasis in the ..... to weed out the non-artisan khalasis. the post of artisan khalasis being the posts converted from the 150 posts of khalasis de-casualised during the year 1989, the persons in the other seniority unit like the gangmen could have the right to be considered only in the absence of the non-artisan khalasis. it ..... benefit of pay commission scale of rs. 196-232. they continued as casual khalasis under the inspectors of works (now designated as section engineer (works). during 1989 pursuant to de-casualisation 150 posts of khalasis were created and volunteers were called for to fill up the vacancies from among gangmen who belong to another seniority .....

K.J. Babu Vs. Union of India Represented by the General Manager and Ot ...

Court : Central Administrative Tribunal CAT Ernakulam

..... of tech/ii/power with effect from 21.7.1991.therefore in total you had enjoyed three promotion.in as much as you have enjoyed three promotions in your railway services, no financial upgradation under macp scheme, 2008 is admissible for you on the plea that you have spent ten years continuously in the same grade pay.therefore ..... to the period of 1986 and thereafter. it is presumed that the qualification requirement for direct recruitment as in para 159 would have been existing even prior to 1989 as the applicant has not produced any rule pertaining to 1972 or thereafter, with any provisions of which varied from para 159 of the irem.15. once the ..... trade is the only qualification and no other qualification is acceptable.(ii) 25% from serving semi-skilled and unskilled staff with educational qualification as laid down in apprentices act; and(iii) 50% by promotion of staff in the lower grade as per prescribed procedure."10. the counsel submitted that if the appointment of the applicant as .....

P.R. Sasidharan Vs. Commissioner of Central Excise and Customs and Oth ...

Court : Central Administrative Tribunal CAT Ernakulam

..... and the observation of the apex court and final decision is as under:- 14. in r.p. kapur case this court was dealing with the scope of the railway services (pension) rules, 1993 and the effect of note 1 and proviso to rule 50 and the court took the view that the above mentioned proviso is not ..... of note 3 to rule 7 was never an issue in that case. 16. the claim for payment of subsistence allowance of a government servant is dealt with in chapter viii of the fundamental rules. fr 53which is relevant for our purpose reads as follows: "53. (1) a government servant under suspension or deemed to have been ..... signals for degeneration of morality, integrity and rightful conduct and efficient performance of public duty. the constitutional animation of public faith and credit given to public acts would be undermined. every act or the conduct of a public servant should be to effectuate the public purpose and constitutional objective. public servant renders himself accountable to the public. the .....

Smt. Jayasree Rajkumar W/O Rajkumar M.K. Cottage Vs. the Director of P ...

Court : Central Administrative Tribunal CAT Ernakulam

..... duty of the delinquent officer to punish him for his misconduct defined under the relevant statutory rules or law. strict stand of proof or applicability of the evidence act stands excluded is a settled legal position. the enquiry in the departmental proceedings relates to the conduct of the delinquent officer and proof in that behalf is not ..... correctness of the cash/stamp balance of the office by rule 84-a of the postal manual vol. vi part iii (sixth edition) and by her above act she failed to maintain absolute integrity and conducted herself in a manner unbecoming of a government servant contravening the provisions of rules 3(1)(i) and 3(1)( ..... 1967, read with rule 80 of pandt manual, volume iii, as amended by advance correction slip no.1, dated 16th january, 1989, vide department of posts letter no. 15/70-vig.iii, dated 16th january, 1989, wherein it is stated "if however, it is desired to conduct departmental enquiries simultaneously with police enquiries or to take departmental action .....

R. Parameswaran Pillai Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ernakulam

Reported in : (2007)(1)SLJ82CAT

..... required documents. no chance of self-examination was offered nor was he questioned in relation to the allegedly existing evidence as provided under rule 9(21) of the railway servants (discipline and appeal) rules. with ii these, we see no significant delay on the applicant's part. on the other hand, the applicant co-operated ..... would apply. in our opinion, the respondents could have proceeded with the disciplinary proceedings at least from the date of issue of the second charge memo in 1989. the upsc even on a second constitution by the ministry, has taken note of the long lapse of time as a mitigating circumstance permitting reduction of penalty ..... given to the charged officials. the respondents have denied that the disciplinary authority had passed the order without applying his mind and without exercising the discretion and acted on the directions of the upsc. the disciplinary authority had disagreement with the advice of the upsc and the matter was referred to them for re-consideration .....

Jatinder Kumar and Another Vs. Union of India, Through the Secretary, ...

Court : Central Administrative Tribunal CAT Ernakulam

..... administrative tribunal, cuttack. the tribunal by its impugned judgment dated 24-6-1994, reviewed its earlier judgment dated 2412-1991 in ta no. 1 of 1989 and held that the two cadres of deputy superintendent of police and assistant commandant of orissa military police are separate cadres from inception and that assistant ..... should be decided alike. thus the doctrine of precedent is applicable to the central administrative tribunal also. whenever an application under section 19 of the act is filed and the question involved in the said application stands concluded by some earlier decision of the tribunal, the tribunal necessarily has to take into ..... but the said applications were rejected. after the review petitions were rejected, the present appellants (ajit babu and others) filed an application under section 19 of the act before the central administrative tribunal, gujarat, at ahmedabad. relying upon a full bench decision of the tribunal, in john lucas v. addl. chief mechanical engineer, s .....

Chacko Eapen and Others Vs. Union of India Represented by the Secretar ...

Court : Central Administrative Tribunal CAT Ernakulam

..... under:-"24. from the above scheme of the code, in our judgment, it is clear that "initiation of proceedings", dealt with in chapter xiv, is different from "commencement of proceedings" covered by chapter xvi. for commencement of proceedings, there must be initiation of proceedings. in other words, initiation of proceedings must precede commencement of proceedings. ..... , which is certainly the discretion (judicious) of the bench.22. the oas are thus, allowed. respondents are directed to open the sealed cover forthwith and act on the basis of the recommendations contained therein. this order shall be complied with, within a period of four weeks from the date of receipt of copy ..... where he is under suspension it is also held that the suspension was wholly unjustified, the sealed cover is opened and the recommendations of the dpc are acted upon. if the officer could have been promoted earlier, he is promoted to the post which is filled on an officiating basis, the officiating arrangement being .....