Court : Central Administrative Tribunal CAT Ernakulam
..... misappropriated any money. probably, shri selvam should not have accepted the amount of rs.2730/-from shri allimuthu. since shri allimuthu has not shown any bill unpaid, it could not have been alleged that shri selvam has received the partially paid salary voucher. shri c.k.unny instead of directly paying the amount to ..... discharged his official duties are evident when he failed to bring to record the irregularity committed during taking over charge from his predecessor. he handed over the unpaid salary and the salary bill to an unauthorized person which resulted in fraudulent misappropriation and consequent delay in disbursing a fellow railway servant's salary causing hardship ..... from the payee) for making payment and thereby enabling shri natarajan to misappropriate the above salary amount. it is therefore proved that you have collected the unpaid cash of rs.2730/-and the partially-paid salary voucher for the month of april 1999, pertaining to shop no.501 of sandt workshop/ptj, bearing pmr .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... misappropriated any money. probably, shri selvam should not have accepted the amount of rs.2730/-from shri allimuthu. since shri allimuthu has not shown any bill unpaid, it could not have been alleged that shri selvam has received the partially paid salary voucher. shri c.k.unny instead of directly paying the amount to ..... discharged his official duties are evident when he failed to bring to record the irregularity committed during taking over charge from his predecessor. he handed over the unpaid salary and the salary bill to an unauthorized person which resulted in fraudulent misappropriation and consequent delay in disbursing a fellow railway servant's salary causing hardship ..... from the payee) for making payment and thereby enabling shri natarajan to misappropriate the above salary amount. it is therefore proved that you have collected the unpaid cash of rs.2730/-and the partially-paid salary voucher for the month of april 1999, pertaining to shop no.501 of sandt workshop/ptj, bearing pmr .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
1. Applicant is a retired Loco Pilot (Goods) (PB2+ GP Rs.4200) of Southern Railway, Palghat Division. He voluntarily retired from service on 1.4.08. His grievance is that the respondents, in an arbitrary manner, treated the period of his service from 21.12.2007 to 31.3.2008 as leave on average pay whereas it should have been treated as duty as per existing rules. 2. Brief facts are that the applicant as a Loco Pilot (Goods) was required to have fitness in "Aye One" (A-1) medical classification throughout as per Para 514 of Indian Railway Medical Manual (IRMM). The said para is as under:- "(1) In order to ensure the continuous ability of Railway employees in class A-1, A-2, A-3, B-1and B-2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service. (A) Category A-1, A-2 and A-3:- (i) At the termination of every period of four years, calculated from the date of appointment, until they attain the age...
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Dr. K.B.S. Rajan, Judicial Member The applicant was serving as a Shunting Master, Plaghat Division in the pay scale of Rs.5000-8000 and his pay prior to 01.09.2007 was Rs.5300/-. As on 14.06.2007 he has attained the age of 55 years and hence as per provisions of Para 514 of IRMM (Indian Railway Medical Manual), he was to undergo medical check up in respect of medical categorisation, whch, for the post of Shunting Master is "A-2". Accordingly, the applicant presented himself before the medical authorities on 14.06.2007. However, according to the applicant. no final decision was communicated by the medical authorities either to the applicant or to the Department. 2. Applicant was due for his annual increment as of 01.09.2007 since he could not attend to his functions without medical categorization certificate. Nevertheless, as per the pay slip he was granted annual increment as of 01.09.2007 and it continued for pay for September, 2001 also. However, subsequently the respondents had wi...
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HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER1. The applicant is presently working as Director, Postal Services, Central Region, Kochi, under the Kerala Postal Circle. He was directly recruited to the Indian Postal Service (Group-A) along with the respondents 3 to 7 in the year 1989 and is senior to them. He has been superseded in the matter of promotion to the Senior Administrative Grade (SAG) by them, for the vacancies of the year 2009-10. Aggrieved, the applicant has preferred this O.A. He challenges his exclusion from the select list and further seeks a direction to hold a review DPC to consider him for promotion to the SAG without taking into account any adverse entry which has not been communicated to him from the date of his entitlement and to include him in the select list for promotion to the SAG above the respondents 3 to 7 and promote him to the SAG with effect from 11.02.2010 with all consequential benefits.2. The bench mark for promotion to the SAG Group-A in PB-4 Rs...
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HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER: The applicant has filed this O.A. seeking a declaration that she is entitled to be reinstated in service with effect from 15.2.2002 and to get all the benefits including arrears of pay, promotion and restoration of leave debited against sick period with effect from 24.4.98/26.8.98 and direct the respondents accordingly. 2. Facts in brief. The applicant was appointed as Office Clerk at Southern Railway Headquarters, Madras in 1990 against sports quota (Basket Ball-Women). She was transferred as Office Clerk in the office of the Divisional Personnel Officer, Southern Railway, Palghat in 1995. While on maternity leave, she acquired a disability of being a paraplegic on 24.4.98. She was medically unfitted in all classes for further service in the Railways. Her services were terminated with effect from 15.2.2002 on her request and was granted invalid pension with effect from 16.2.2002. 3. The applicant contends that ever since she acquire...
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HON'BLE Dr.K.B.S. RAJAN, JUDICIAL MEMBER 1. The applicant joined service as Time Scale Postal Clerk in 1967 and after successive promotion was posted as HSG II (BCR) with effect from 1.10.1991. While the applicant was working as Sub Postmaster, Angamally, a burglary took place and certain cash was stolen from the Post Office. The applicant was charge sheeted under Rule 16 of CCS (CCA) Rules for contributory negligence and was awarded punishment of recovery of Rs.50,364.85 from his salary in 36 monthly instalments. O.A.149/03 was filed by him challenging the order of penalty which was allowed vide order dated 20.10.2005 (Annexure A-5). In 2006 the applicant was proceeded against under Rule 14 of CCS (CCA) Rules levelling the very same charges as contained in the earlier disciplinary proceedings and the applicant challenged the same by filing O.A.97/07 which also was allowed vide Annexure A-7 order dated 20.6.2008. The charge sheet was quashed and set aside. The applicant made a represen...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE MR.JUSTICE K.THANKAPPAN, JUDICIAL MEMBER: 1. The applicant a senior Deputy Conservator of Forests of the Kerala Forest Service has filed this Original Application challenging the selection of party respondents 7 to 11 to the Indian Forest Service on the ground that the applicant is senior to all these respondents. The applicant also prayed for a direction to the respondents 1 to 3 and 6 to confer Indian Forest Service to the applicant with all consequential service benefits including promotion and arrears of salary with effect from 1st January, 2007. 2. The facts which are necessary for the decision of the O.A. are that, the applicant joined as a Forest Range Officer in the Kerala Forest Service on 1.11.78. Later he was promoted to the post of Assistant Conservator of Forests with effect from 1.4.96 followed by a further promotion as Deputy Conservator of Forests with effect from 1.1.2003. As per the seniority list published by the Department the applicant is senior to party re...
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Dr. K.B.S. Rajan, Judicial Member 1. This case has a chequered history. The applicant while working in the Department of telecommunications was issued with the chargesheet sometimes in end 1985 and as a result of the completion of the proceedings a penalty of compulsory retirement was imposed upon him on 31-01-1989 The applicant moved O.A. 529 of 1990 and by order dated 18 -01- 1991, the order of compulsory retirement was quashed and set aside and further enquiry held. This has resulted again in issue of another penalty order of compulsory retirement in August 1991. After availing of the administrative remedies, the applicant moved the Tribunal through OA No.795 of 1995 in August 1995. By an order dated 25-02-2000, the Tribunal again allowed the OA on merits and directed the respondents to reinstate the applicant. The applicant was also made entitled to the back pages for the periods he was kept out of service. Annexure A-1 order refers. This order was challenged by the Department thro...
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Mr. George Paracken, Judicial Member - The applicant in this OA has sought the following relief:- "(i) Declare that the non-feasance on the part of the respondents to consider A3 and A5 representations and to absorb the applicant as a Senior Clerk in scale Rs. 5200-20200 with a grade pay of Rs. 2,800/- in the office of the 3rd respondent against one of the vacancies which was in existence as on 4.1.2006 is arbitrary, discriminatory, contrary to law and unconstitutional; (ii) Direct the respondents to deem the applicant to have been regularly absorbed against one of the vacancies of Senior Clerks in scale Rs. 4500-7000 (Rs. 5200-20200 with a grade pay of Rs. 2,800/-) with effect from 4.1.2006 and direct further to grant all consequential benefits arising therefrom; (iii) Direct the respondents to assign the applicant's seniority in the cadre of Senior Clerks of Palghat Division, taking into consideration, the service rendered by her as Assistant Station Master in the scale pay of Rs. 45...
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