Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(3)SLJ389CAT
1. The applicant who is 1969 batch IAS Officer of Gujarat entire and working under the respondents has challenged inter alia the order dated 31.5.2001 of the President i.e. the Minister in charge of the Department of Personnel and Training imposing major penalty of reduction in the pay scale by two stages for a period of one year with cumulative effect with the stipulation that he will not earn increment during the period of reduction and has prayed for the following reliefs: "(a) The applicant prays that the Hon'ble Tribunal be pleased to allow this Original Application and be pleased to quash and set aside the impugned order dated 31.5.2001 at Annexure A/9 and the advice of the UPSC dated 29.3.2001 at Annexure A/10. (b) The Hon'ble Tribunal be pleased to permanently restrain the Respondents from enforcing and/or implementing the impugned orders as referred to sub-para (a) and be pleased to direct the respondents to grant the increments which have been withheld under the impugned ord...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(2)SLJ57CAT
1. By this O.A the applicant has challenged order dated 4.8.2000 (Page 39) whereby her services have been terminated as TREX on the ground that she was appointed as TREX against S.T reserved post but the S.T certificate submitted by her was cancelled by the S.T Development Commissioner, Gujarat State, Gandhi Nagar vide their order dated 29.5.97 and it has now been communicated that the S.C.A. filed by her in the Hon'ble High Court against the cancellation of her certificate has also been rejected.2. The applicant's case in short is that she was appointed as Translation Executive in the year 1996 but she was dismissed vide order dated 10.5.96 on the ground that the caste certificate produced by her was false. She had challenged the said order by filing O.A No. 312 of 96 which was disposed of by directing her to file an appeal. The appeal was rejected so she again filed O.A. No. 694 of 96 which was decided on 2.5.97 allowing the O.A on the ground that at the time of her appointment she ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(2)SLJ255CAT
1. Shri Noor Mohammad B. has filed this O.A. under Section 19 of the Administrative Tribunal Act praying therein for the following reliefs: "(1). This Honourable Tribunal be pleased to quash and set side the impugned order dated 6.7.2000 at Annexure "A" with its enclosure dated 24.4.2000 issued by the respondent No. 2 by holding it as illegal, unjust, improper, unfair, against the principles of equity and natural justice and be pleased to further hold that the same is not in confirmity with the policy of the compassionate appointment particularly in the present facts and circumstances of the case, the applicant is required to be reinstated in service with continuity of service and with all other consequential benefits including the back wages, promotions, seniority, and bonus, etc. (3) Any other order or direction as may be deem fit, just and proper may kindly be passed." 2. The brief facts of the case are that the applicant who is the brother of late Shri Mohammad Idrish who was work...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(2)SLJ271CAT
1. Smt. Vallam Badia has filed this O.A. claiming the following reliefs: "A. It may be declared that the applicant widow is entitled to the family pension from the date of death of her husband i.e., 2.6.1990 i.e., from the due date on account of death of her husband Shri Sursing Ramola, who was working as Gangman, with all the consequential benefits, arrears as due, directing the respondents to fix her family pension and pay her all the arrears with interest at the rate of 12% from the date of which was due to be paid to her. AA. The deceased husband of applicant Shri Sursing Ramola be deemed to be regularised with effect from the date any junior to the deceased in seniority list i.e., after S. No. 895 and/or with effect from 25.4.89 the date on which deceased was transferred to open line for permanent absorption, as deemed fit. B. Any other better relief/s as this Hon'ble Tribunal deem just and proper looking to the facts and circumstances of the case may please be awarded to the app...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2004)(1)SLJ265CAT
1. The applicant who was working as Police Inspector CBI/SPE at Ahmedabad on deputation basis under the respondents is aggrieved on account of action on their part in not considering his request for absorption in CBI and wrongfully repatriating him and has prayed for the following reliefs:- "(A) That the Hon'ble Court be pleased to direct the respondents to consider the case of the petitioner for absorbing; the petitioner in the office of the Central Bureau of Investigation, effective from the previous date of joining of the petitioner in CBI, looking to the meritorious services rendered by the petitioner. (B) That the Hon'ble Tribunal be pleased to hold that repatriation and the in action on the part of the respondents in absorbing the petitioner in the office or the Central Bureau of Investigation is illegal, unconstitutional and against the democratic pattern of the country. (BB) The Hon'ble Tribunal be pleased to declare the impugned decision of the respondents not to extend the d...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2004)(1)SLJ269CAT
1. Mr. Thakorbhai J. Desai, has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, praying therein that the respondents authorities may be directed to make payment of the pension to the applicant and allow him to opt for pension scheme and settle the pensionary dues of the present applicant along with 12% interest from the date of retirement.2. The factual metrics of the case are that the applicant joined the Railway service on 4.4.1941. He submitted his resignation on 21.8.1970 due to the family circumstances and his health problem. It is also the case of the applicant that he has put in 29 years and 9 months service without any blot on his service sheet. The pension scheme was introduced in 1957 and option forms were called for from the staff who joined before November 1957. Circulars were issued from time to time.However, it is said that the applicant had no notice for such circulars nor got any instructions in this regard from Railway Authorities. In this ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(3)SLJ111CAT
1. Mr. V.P. Sharma has filed this Original Application under Section-19 of the Administrative Tribunal Act praying therein that impugned orders dated 1-3.4.2001 (A-I) passed by the Revising Authority (Annexure-A) the order dated 29th June 2000 (Annexure A-I) passed by the Appellate Authority and letter dated 29.5.2002 (Annexure A-II) passed by the Disciplinary Authority wherein the penalty of removal from service has been imposed and upheld in appeal as well as in the revision.2. The factual matrix of the case as brought out in the original application is that the applicant was unable to attend to his duty for 31 days and he sent the communication through under Postal Certificate on dated 27.5.1998 for a period of 15 days and another certificate was sent for further extension of 15 days on dated 11.6.1998. He submitted the UPCs in proof of his action regarding intimation to the Competent Authority. Further the case of the applicant is that when he met the Works Manager he was threaten...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(2)SLJ53CAT
1. Shri Jamnadas D. Chudasma has filed this O.A. under Section 19 of the Administrative Act, 1985, praying therein that the respondents may be directed to implement the revisional authorities order dated 6/7.4.2000. Annexure-A, without prejudice to his right and contentions to prefer departmental appeal before me General Manager.2. The brief facts of the case are that the applicant was faced with the disciplinary proceedings for major penalty. An oral enquiry was held, the enquiry officer held the charges as proved and punishment of removal from service was inflicted by the disciplinary authority. The applicant challenges the said penalty order before this Bench of the Tribunal vide O.A. No. 734/98, the same was disposed of vide order dated 10.6.99 with a direction to the respondents that if the applicant prefers a revision petition (Annexure A-1) the respondents will decide the same as expeditiously as possible. He accordingly preferred a revision petition on dated 2.7.99 (Annexure A...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(2)SLJ72CAT
1. Shri P.K. Mittal has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 with the following prayers: (i) The Hon'ble Tribunal may be pleased to quash and set aside the charge-sheet dated 19.11.1993 at Annexure A-7 issued by the respondent No. 3 herein, since the applicant has been fully exonerated by the Inquiry Officer and the charges levelled against him are not at all proved and the order directing denovo enquiry under order dated 19.2.1997 and 26.2.1997 and all consequential orders by holding the same as illegal, null and void. (ii) The Hon'ble Tribunal may be pleased to direct the respondents to consider him eligible for all the benefits due and admissible under the rules regard to his pay, promotion and selection for higher posts etc., ignoring the disciplinary proceedings and also to pay him arrears of salary in respect of the same as due. (iii) The Hon'ble Tribunal may be pleased to declare the suspension of the applicant from 15.4.1993 to 3.12.1993 a...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2003)(1)SLJ317CAT
1. The O.A. was earlier decided by this Tribunal vide order dated 12.3.2001, but in Special Civil Application bearing Numbers 2600 of 2001 and 2601 of 2001 the Hon'ble High Court of Gujarat has set aside the order passed in the O.A. and remanded back the mater to the CAT for decision on merits. Pursuant to the remand of the matter was have heard the learned advocate of both the parties at length and now decide the matter afresh.The facts of the case are already narratted in the earlier Judgment of this Tribunal as well as in the Judgment of the Hon'ble High Court but to understand the rival contentions we are narratting the brief history of the case leading to the present litigation.2. The applicants as well as Respondent No. 3 to 7 are working as Assistant Commissioner of Income-tax and they are engaged in the perpetual dispute of the seniority of direct recruits and the promotees. The applicants are direct recruits of 1991 batch and their grievance is that the I.R.S. Rules, 1988 pro...
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