Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2005)(2)SLJ164CAT
1. By this O.A. filed under Section 19 of the A.T. Act, 1985, the applicant was prayed for quashing the order dated 11.9.2000 by which the penalty of a cut of 50% on the pension on a permanent basis otherwise admissible has been imposed. He has further prayed for issuance of direction to the respondents to pay gratuity and leave encashment for 20 days coupled with the relief of quashing the order dated 11.5.2001 by which the suspension period has not been counted as on duty. (Annexure -6 and Annexure-6A of the affidavit).2. Briefly stated, the applicant, at the relevant time was working as Sub-Post Master (SPM), Daranagar, Allahabad who retired on 31.12.1997.Disciplinary proceedings was initiated against the applicant under Rule 14 of the CCS (CCA) Rules, 1965 whereby chargsheet dated 4.7.1994 (Annexure-1) for his misconduct of fraudulent withdrawal of sum of Rs. 13,500/- from various Saving Bank Accounts. Before finalisation of the proceedings as stated above, the official retired on...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2005)(2)SLJ389CAT
1. By this O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant impugned order dated 21.1.99 imposing upon him the penalty of dismissal from service and the appellate order dated 18/19.8.99 by which his appeal was rejected and the penalty was confirmed (Annexure 1A & 1). He has further prayed for issuance of directions to the respondents for his reinstatement in service with full back wages and consequential benefits.2. Shorn of superfluities, the relevant facts to determine the controversy is that the applicant, at the relevant time, was working as Extra Department Branch Post Master (E.D.B.P.M.) at Branch Post Office, Bankata Amethia, Deoria, Disciplinary proceeding was initiated against him under the Rule 17 of the Extra Departmental Agent (Conduct & Service) Rules, 1964 (hereinafter called the 1964 Rules). He was served with Memorandum of charges by letter dated 17.07.98 (Annexure 9), Articles of charges are as under- ;g vkjksfir gS fd Jh dS...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2003)(3)SLJ223CAT
1. By this O.A. under Section 19 of Administrative Tribunals Act, 1985, the applicants, who are 12 in number, have prayed to quash the order dated 30.11.2000 (Annexure-2) by which the claim of the applicants for empanelment in the panel dated 3.2.1990 has been rejected.2. The facts, in short, giving rise to this application, are that applicants were engaged as Casual Labourers in the Office of Chief Controller, Northern Railway, Allahabad on different dates before 1.5.1988. They had already completed 120 days and were eligible for absorption on regular basis for which purpose proceedings were initiated by publishing the lists of eligible Casual Labourers on 23.12.1988, 13.2.1989 and 25.7.1989. In the aforesaid three lists, names of all those Casual Labourers, who had completed 120 days prior to 1.5.1988, were included. The names of applicants were mentioned in the list dated 23.12.1988, screening test took place between August, 1989 to October, 1989 then apanel of 394 persons, who wer...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2003)(3)SLJ360CAT
1. By this Original Application Under Section 19 of A.T. Act, 1985 applicant has challenged the order dated 10.1.1996 (Annexure-1) by which an earlier decision communicated to the applicant vide order No.324 dated 28.2.1994 has been reviewed and the applicant has been held not entitled for pensionary benefits.2. The facts in short, giving rise to this application are that Jivan Shukla was appointed as L.D.C. on 21.10.1955 in the office of Controller of Defence Account (in short C.D. A.) (Pension), Allahabad.He was promoted subsequently as an Auditor. On 10.9.1974, applicant gave an application requesting the respondents for accepting his voluntary retirement w.e.f. 1.11.1975. In this letter applicant also prayed for grant of pension and gratuity for 20 years of service. The request of the applicant for voluntary retirement was accepted by order dated 15.11.1979 (Annexure-5) w.e.f. 1.11.1975. This order also said that applicant shall not be entitled to any pensionary benefits for the p...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2004)(1)SLJ119CAT
1. Both the above O.As. have been filed under Section 19 of the A.T.Act, 1985, challenging the panel of Passenger Guard (Grade Rs. 5,000-8,000) as declared by the Divisional Personnel Officer (in short DPO), Northern Railway, Allahabad, raising similar issue and, therefore, have been heard and are being decided by a common judgment.The leading O.A. being O.A. No. 829 of 2001.2. In O.A. No. 829 of 2001 the applicants have prayed for quashing the panel dated 5.7.2001 and have further sought a direction to the respondents to appoint the applicants on the post of Passenger Guard from the post of Senior Goods Guard, on which the applicants are presently working by applying the principle of recruitment by transfer from one post to another, considering only their suitability, as it does not involve any promotion at all. The applicants in the alternative have also sought a direction the respondents No. 1, 2 and 3 to appoint the applicants and other Senior Goods Guards working in the pay scale...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2003)(3)SLJ29CAT
1. The present O.A. had been filed under Section 19 of the A.T. Act, 1985, before the Principal Bench, New Delhi. However, vide order dated 7.7.1995 the Original Application has been transferred to this Bench and the same was received on 7.8.1995. 44 applicants including the association namely "All India Hot Weather Waterman Association have sought for the following reliefs:-- (i) to direct the respondents to provide employment to the Temporary Hot Weather Watermen M.R.C.Ls by absorbing them in different departments of the Railways; (ii) to direct the respondents to prepare a consolidated seniority list of the MRCLs working in all the departments of Railways and to frame a scheme to regularise them according to their seniority within a reasonable time; (iii) to direct the respondents to take the applicants back in job and to pay them the arrears of salary for the period they were kept illegally out of employment with interest and to pay them part of the salary during off seasons till ...
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Reported in : (2004)(1)SLJ18CAT
1. By this O.A. under Section 19 of the A.T. Act, 1985, the applicant has prayed to quash the order dated 18.4.94, 26.5.94 (Annexures-5 and 6), by which the claim of the applicant for pay protection has been rejected. She has also prayed to quash para, 4 of the O.M. dated 7.8.1989 (Annexure-5). A direction has been prayed to respondents to grant pay protection to the applicant counting her service rendered in the State Bank of India from 1.10.1985 to 13.5.1989 under the O.M.dated 7.8.1989.2. The facts in short giving rise to this application are that the applicant initially joined as Probationary Officer in the main branch of the State Bank of India, Kanpur and served there from 1.10.1985 to 13.5.1989. While she was serving as Probationary Officer, she with the permission of the Bank authorities appeared in the Civil Services Examination 1987, conducted by Union Public Service Commission. She was selected for I.A.S. (Allied) and she joined the Department of Posts on 15.5.1989 as India...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
1. In the present OA the applicant Shri A.K. Yadav has challenged the order of Commissioner, Kendriya Vidyalaya Sangathan (in short KV Sangathan), New Delhi dated 16.10.2000 terminating the services of the applicant and has prayed that the order dated 16.10.2000 be set aside with all consequential benefits.2. The facts as per applicant in brief are that the applicant has been working in Kendriya Vidyalaya (NTPC) Shaktinagar Distt. Sonbhadra as primary teacher since 30.7.1979. He was selected as Trained graduate Teacher (in short TGT) in August 1984 and has been working as TGT in the same school since September 1984. On 6.5.2000, the last working day before summer vacation he detained 5 girl students whose copies could not be checked so that he could do so, after school hours. Out of 5 students 3 logded complaint against him which he came to know about on 29.5.2000 at Allahabad during vacation, when he received a show cause notice from the Principal dated 10.5.2000 as to why disciplina...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
1. The applicant has challenged the orders of the first respondent (Union Government) whereby the other respondents Uttar Pradesh State Government, the second respondent, The Director General of Police, Uttar Pradesh, the third respondent and the Inspector General of Police (Personnel) Uttar Pradesh the fourth respondent have been directed to repatriate him to the Indian Police Service of Andhra Pradesh Cadre, and sought for directions to the respondents not to interfere with his functioning till he completes the total tenure of five years of deputation from the date of his joining.2. The undisputable facts from the pleadings and the submissions of Counsel of all parties briefly stated are these : The applicant, a native of village Gangharpur, P.S. Achhalda, district Etawah of Uttar Pradesh was appointed to IPS and was allotted to IPS Cadre of Andhra Pradesh after his selection through the Civil Services Examination of the year 1986 conducted by the UPSC. He served in different posts ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
1. In this Original Application the relief sought by the applicant is to direct respondent No. 1 to pass an appropriate order regularising the applicant as a Medical Officer with effect from 29.12.1987 and not from the date of issuing order dated 21.9.1994.2. The facts of the case as stated by the applicant that the applicant was appointed as Medical Officer on 29.12.1987 on short-term basis in the office of Welfare Commissioner, Allahabad. Thereafter the applicant remained on the post on ad hoc basis and ultimately he appeared before Union Public Service Commission for regularisation and Union Public Service Commission recommended him for regularisation with effect from 21.9.1994. It is stated by the applicant that the seniority of the applicant is depending upon the initial date of appointment as ad hoc Medical Officer as per policy of policy of Government vide circular No.A-12026/6/93 -CHS-I dated 27.9.94. It is further submitted that under the policy of Government of India, the ap...
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