Court : Central Administrative Tribunal CAT Allahabad
1. Applicant Kamla Prasad, who superannuated on 29.02.1992, from the service of the respondents, has filed this O.A under Section 19 of Administrative Tribunals Act, 1985 for the following relief(s): (a). to quash the order dated 21.05.2004 (Annexure- 1), by which the respondents refused to give him pension; (b). to direct the respondents to pay him pension w.e.f. 01.03.1992, amount of leave encashment, group insurance and commuted value of pension etc; (c). to direct the respondents to pay arrears of pension w.e.f. 01.03.1992 together with interest at market rate.2. The applicant alleges that he was selected and appointed as Assistant Craftsman on 05.11.1979 and was subsequently regularized w.e.f. 03.10.1985 and after serving for more than 12 years, retired on 29.02.1992. He says that he was entitled to pension, as he put in more than 12 years in service, but was not given so, he filed one O.A No.34/2004, which this Tribunal disposed of vide order dated 21.01.2004 (Annexure- 3) direc...
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1. The applicant has prayed for quashing the order dated 20.4.2005 (Annexure-1) by which the respondent No. 4 conveyed to him that his case for compassionate appointment could not be recommended and also to set-aside the letter dated 12.4.2005 referred to in the order dated 20.4.2005 and to direct the respondents to give him appointment on compassionate grounds.2. The applicant's father late Sri Sat Saran Lal Srivastava died on 5.3.2004, while still serving as Postman under the respondents, leaving behind him the applicant and others as disclosed in para 4.2 of the O.A. There appears to be no dispute that the applicant gave one application dated 13.6.2004 (Annexure-3) together with necessary certificates for appointment under dying in harness Rules. It was said that on account of sudden death of late Sri Sat Saran Lal Srivastava, the family was in distress as there was no earning member left to pull on the family. It appears that the applicant gave reminders pressing for decision on h...
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1. In this O.A, the application No. 1 is seeking direction to the respondents for appointment on compassionate grounds in favour of applicant No. 2.2. Brief facts of the case are that the applicant No. 1 is widow of Late Lilit Kumar Singh and the applicant No. 2 said to be adopted son of applicant No. 1. The husband of the applicant No. 1 was appointed in the Railways on 04.10.1964 and he died on 12.10.1989 while in service.Admittedly, the deceased has not left any legal heir. Thereafter, the applicant No. 1 made a request for appointment on compassionate grounds in favor of applicant No. 2. Earlier it is stated that the applicant No. 2 shall be taken in to consideration as Nephew of the applicant No.1 and subsequently it is stated that the applicant no. 2 to be treated and accepted as adopted son. Later on it is stated that the applicant No. 2 is adopted son of applicant No. 1. Based on these facts, the applicant No. 1 is making request to the respondents authorities for appointment ...
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1. Since the facts and the reliefs sought for in both the applications are similar in nature, therefore, both the OA's are decided by a common order. (i) to issue a writ, order or direction in the nature of certiorari quashing the letter dated 23.7.2003 as well as order of regularization of applicants in Group 'D' category. (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to screen and regularize the applicants in technical Group C category as has been done with regard applicants counterpart working in other Railway Divisions from the date applicants have been regularized in Group D.3. The brief facts of the case are that the applicant No. 1 is a diploma holder in Mechanical Engineering and was appointed under respondent No. 1 on 01.06.1989 as a Mason Mistri on casual basis and he was granted temporary status on 01.06.1990. Later on the Mason Mistri change to Supervisor (Works) in the year 1996 from the beginning the appointment of the appl...
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1. The applicant, Anil Kumar "(Kureel)", has prayed for quashing order dated 21.2.2004 (Annexure 1) by which General Manager, Small Arms Factory, Kanpur declined to give him compassionate appointment under Dying in Harness Rules and for directing them to consider him for such appointment.2. There is no dispute that applicant's father namely late Dhani Ram was the employee of the respondents and he died on 19.3.2002, while still in service, leaving behind him the applicant and others as mentioned in para 4 (3) of the O.A. There is further no dispute that applicant gave application 3.4.2002 (copy of which is Annexure 4) for giving him compassionate appointment in accordance with relevant Rules regulating such appointments. It appears that respondent No. 2 sent a letter dated 21.2.2004 to the applicant informing him that under Rules such appointments was not possible.2. The applicant is challenging this letter on several grounds and one of the grounds is that it is non-speaking. Responde...
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1. The applicant in this O.A is an Ex Casual Labour , who had worked with the Railways from 01.04.1987 for a period exceeding 120 days. As per submission made by the applicant and as per Annexure A- 3 (Pg. 27), he had worked for 565 days. Some Ex casual laboureres including the applicant went to the Labour Court under Industrial Dispute Act for settlement of their claim. After the decision of Labour Court, the matter came before Hon'ble High Court, Allahabad for consideration in Writ Petition. In pursuance of the direction of the Hon'ble High Court, the respondents under took the exercise for special drive for considering the cases of ex casual laboureres for screening and subsequent regularization. The circular for special drive was issued from the office of DRM, Jhansi on 30.08.2001 (Annexure A- 7, pg. 40).As per circular, the last date for furnishing the applications with necessary details was 30.09.2001.2. The applicant says that he had submitted his application quite in time, a c...
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1. The original applicant Mohd. Saleem filed this O.A for the following reliefs: i. To issue a writ, order or direction in the nature of certiorari to quash the impugned rejection order dated 16.12.2003 passed by Respondent No. 3 and impugned order/direction dated 16.10.2003 given by Chief post Master, KPHO regarding to arrange payment of DCRG after adjusting the cooperative society dues amounting worth Rs. 51,896/- from the sanctioned amount of DCRG Rs. 52,896/- payable to the applicant; ii. To issue a writ order or direction in the nature of mandamus commanding the respondents not to give effect the impugned rejection order dated 16.12.2003 passed by the Respondent No. 3 and impugned order/direction dated 16.10.2003 given by Chief Post Master, KPHO, Kanpur/Respondent No. 4 to APM, A/cs, KPHO regarding to arrange payment of DCRG after adjusting the Cooperative Society dues amounting worth Rs. 51,896/- from the sanctioned amount of DCRG Rs. 52,896/- payable to the applicant; iii. To i...
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1. The applicant was an employee of Railways working under the respondent No. 2 as Sub Overseer Horticulture. He retired from service on 31.12.1996 as Head Horticulture Inspector. The pension and other retrial dues were sanctioned to him and he has stated that he received the same without any anomaly and he was satisfied.2. It has further been stated by the applicant that on the basis of recommendations of 5th Pay Commission, the pay and allowances was revised from 1.1.1996. The order was, however, issued after the applicant had already retired from service in the year 1998 and as a result of revision, the retiral benefits of the applicant had been calculated afresh. The respondents found that the dues as arrears would be 46125/-, but at the time of payment, the respondents deducted Rs. 14544/- from the dues without assigning any reason. Later, it came to the notice of the applicant that this deduction was made by the respondents for the alleged reason that the applicant had not retur...
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1. Heard Sri Rajesh Tripathi, learned counsel for the applicant and Shri K.P Singh, learned counsel for the respondents.2. The applicant is Medical Practitioner working with North Eastern Railway, Gorakhpur. His grievance is that vide order dated 22.8.2003 (page 22 of the O.A.), he was ordered to be posted at Gorakhpur in place of Dr. S.K. Sinha, JMO, IRMS, the order was not implemented in full. The transfer order was issued at the request of Dr. S.K. Sinha.However, thereafter he changed his mind and requested the Competent Authority for retaining him where he was. Applicant, however, was already relieved from his post, he joined at Gorakhpur for the new assignment on 15.9.2003. After the order in respect of Dr. Sinha is cancelled, he could not be accommodated in only place of Pathology at Gorakhpur, therefore, he was kept in the general pool of Doctors. He was an officer of S.A.G Grade and, therefore, he is Senior to Dr.Sinha. As Senior Doctor, he should have been posted as Pathologi...
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1. It is prayed that the respondent nos. 2 & 3 be directed to prepare a proposal for revision and up- gradation of pay-scales of Library staff of Indian Council of Forestry Research & Education (in short ICRFE) and place the same before the Board of Governors for its consideration in the meeting to be held in the month of October, 2006.2. The applicant was appointed as Assistant Library Grade-II on 10.2.1984 in National Forest Library and Information Centre, Dehradun.It is said that at that time this centre was governed by the department of the Central Government. On the basis of the recommendations made by the 4th Central Pay Commission and by a committee headed by Prof. D.P.Chattopadhaya, the Government of India issued Office Memorandum dated 24.7.1990 (at page 18) introducing the revised pay structures for Library staff under the purview of the Central Government. Detailed instructions were given in this Office Memorandum as to how these revised pay scales were to be made a...
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