Court : Central Administrative Tribunal CAT Allahabad
1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 against the order dated 6.8.1991 reverting the applicant from the post of Record Sorter to the post of Peon and also the order dated 16.10.1999 rejecting the appeal of the applicant against the adverse entry entered into the Annual Confidential report for the year 1988-89. The applicant has sought the following reliefs: (i) The respondents may be directed to bring up record of the case and get the order dated 6.8.1991 quashed to the extent it reverts the applicant from the post of Record Sorter to the post of peon. (ii) The respondents may be directed to regularise the applicant to the post of Record Sorter w.e.f 6.8.1991. (iii) The respondents may be directed to bring up the record of the case and get the order dated 16.10.1989 quashed. (iv) The respondents may be directed to expunge the adverse entry entered in the Annual Confidential Report of the applicant for the year 1988-89. (v) The Hon 'ble Tr...
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1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 for issue of a writ, order or direction in the nature of certiorari quashing the order dated 5.3.98 passed vide respondent No. 2 and order dated 8.5.98 passed by respondent No. 2 alongwith writ of mandamus directing the respondent No. 2 to post the applicant at Aligarh in pursuance of order dated 2.3.98 passed by respondent No. 2, to treat the applicant as on duty for all practical purposes from 22.4.98 till the applicant is permitted to join at Aligarh and to pay salary off the aforesaid period along with cost of the petition.2. There is no dispute between the parties in respect of the following facts: (i) The applicant was working as Accounts Officer at Moradabad under the immediate control of Telecom District Manager, Moradabad. (ii) On the representation of the applicant respondent No. 2 vide order dated 2.3.98 transferred the applicant from Moradabad to Aligarh. (iii) The applicant was relieved f...
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1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 to quash the order dated 16.9.97 passed by the respondent No. 2 and restraining the respondents from dispossessing him from quarter No. 2/N/35, Ordinance Factory, Muradnagar.2. There is no dispute between the parties in respect of facts that the applicant was allotted residential quarter No. 2/E/35, Ordnance Factory, Muradnagar while working on the post of Labourer in Ordnance Factory, Muradnagar, he was implicated as an accused in July, 94, out of which Sessions Trial No. 108 of 95 commenced, he was tried for an offence under Section 376 of I.P.C., convicted and sentenced to imprisonment for five years by Additional District Judge, Ghaziabad on 4.4.96, Criminal Appeal No. 2219 of 1996 was filed by him before the Hon'ble High Court of Judicature at Allahabad and execution of sentence was suspended, his services were determined under Rule 19(1) of the Central Civil Services (Classification Control and ...
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1. In this Original application the applicant makes a prayer to quash the impugned order of termination dated 10.7.1995 passed by Superintendent of Post Offices, Deoria.2. In brief, the facts of the case as stated by the applicant are that the father-in-law of the applicant Sri Kashi Naresh Mishra, Extra-Departmental Branch Post Master (E.D.B.P.M.) Markara Barhaj, Deoria died on 1.5.1994 thereafter, the applicant was appointed as E.D.B.P.M. Markara Barhaj on 24.6.1994 against a permanent vacancy and the applicant joined service on 29.6.1994. It is stated by the applicant that she worked already and there was no complaint against her. It is further stated that there was a clause in the appointment letter that the service of the applicant will be for 6 months only. The applicant immediately made a representation to the respondent No. 2, who assured the applicant to remove this clause within the next few days but all of a sudden, the services of the applicant were terminated by the respo...
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1. In this application filed under Section 19 of the Administrative Tribunals Act, 1985, applicant makes a prayer to issue direction to the respondents to give an employment to the applicant on compassionate ground.2. In brief, the facts of the case, as stated by the applicant, are that the applicant is the real son of Late Shri Pati Singh, who was appointed on the post of Gateman in the year 1964 and was posted at Gate No. 17-C, near Nihalpur, Bharwari, Allahabad. It is stated that in the intervening night of 9/10-02-1971 when Shri Pati Singh was on duty, some decoits came and murdered him. It is submitted that the deceased Pati Singh was a confirmed employee on the post of Gateman and the age of the applicant was only one year at the time of death of his father.Applicant's date of birth is 04.07.70 as per his High School Certificate. It is also submitted that the mother of the applicant was also died on 15.08.70, leaving only the applicant as per son. The applicant remained in the g...
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1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 to quash the order dated 3.1.96 passed by respondents and to direct them to consider the applicant No. 2 for promotion to the post of Guard Mail/ Express, to direct the respondents to restructure the entire seniority list of Izzat Nagar Division of Class III employees in view of the judgment of Hon'ble Supreme Court with effect from 10.02.95. 1. Respondent No. 8 Shri Shyam Babu (Private respondent) has neither filed any counter affidavit nor has appeared before the Tribunal. 2. The official respondents No. 1 to 7 have not denied the following facts: (a) The applicant No. 1 is an Association of the Railway employees of all categories and grades being registered under the Trade Union Act, having registration No. 11 of 1978. The Association belongs to non-SC and ST employees of Railways with its head office at Ajmer which is being represented by Shri M.K. Chaturvedi, duly elected Secretary, the Associati...
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1. This is an application under Section 19 of the Administrative Tribunal Act, 1985 for a declaration that the fixation of pay of Small Industries Promotion Officer (which is later referred as SIPO) at Rs. 1640-2900 under IV Central Pay Commission is wholly arbitrary and discriminatory, is liable to quash government order dated 17th December, 1987 (Annexure-1), for a mandamus directing the respondents to keep the applicant at par with the other category of employees who were under the pay scale of Rs. 550-900 under the IIIrd Central Pay Commission scale and have now been placed in the scale of Rs. 2000-3200 or Rs. 2000-3500 with a direction for all consequential benefits, 2. Respondents have stated in respect of application paras 4(1) to 4(13) that need no reply, being matter of record. About para 4(15), 4(17) and paras 6 and 7 of the application need no reply. The applicant's case in brief is that while implementing the scale provided by IV Central Pay Commission, the Government of I...
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1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 for order/direction for setting aside/quashing the orders nos. (Ka/255/ 8/Karkhana (IX) dated 12.11.1990 passed by the General Manager (Personnel) Gorakhpur, communicated by the Chief Work Shop Manager (Personnel) Izatnagar letter No. (Ya/Ka/ 255/1/Super dated 26.11.90 (Annexure-1) and letter No. (Ka/255/8/Karkhana (IX) dated 15.3.91) passed by the General Manager (P) Gorakhpur as communicated by order No. 57 letter No. Ya/Ka/210/1 chargeman 'A' dated 23.1.91 (correctly 22.3.91 (Annexure-2, order or direction to respondent no. 1 and 3 for fixation of the applicant's pay and seniority of cadre of Chargeman 'B' (Rs. 1400/- --2300/-) with effect from 10.11.76 or 1.7.74 to reinstate the applicant to the post of chargeman cadre 'A' (Rs. 1600/- --2600/-) with retrospective effect, to pay the difference of salary grade of Rs. 1400/- --2300/-) and (Rs. 1600/- --2600/-) with effect from 15.3.1991 till reinstat...
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1. This is an application filed under Section 19 of the Administrative Tribunals Act, 1985 for direction to the respondents to fix the pay of the applicant in equivalent post of Grade after medical leave decategorised adding 30% of pay, as the applicant is a running staff with consequential benefits of including arrears of pay etc.2. There is no dispute between the parties in respect of the fact that the applicant entered in Railway Service on 30.10.56 as a cleaner, during the course of time promoted as Electric Shunter in the year, 1975, he was injured in July, 1980, after medical treatment he was medically decategorised on 19.9.81 and declared fit in C 1 and below, he was absorbed as clerk in the grade of Rs. 260-400, before decategorisation he was working in the pay scale of Rs. 290-400 and he was amongst the running staff, his pay was fixed after decategorisation at Rs. 400/-. The applicant filed O.A. No. 213/90 which was decided on 30.7.92. In reply to the said O.A. in para 6 of ...
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1. In this O. A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has made a prayer to quash the order dated 25.3.95 by which the order to recover damage rent at the rate of Rs. 553.50 for 115 months was issued on 25.3.95.2. The facts of the case as stated by the applicant are that the applicant was allotted a railway quarter at Aligarh on 15.12.1975 in capacity of a Cleaner, thereafter he was promoted as Assistant Electric Assistant Driver and transferred to Tundla from 06.01.1985 but, the petitioner was not allotted any quarter at Tundla, therefore, petitioner has no other alternative except to continue his family member to live at Aligarh railway-quarter. It is submitted that applicant vacated the said quarter on 02.07.95 and the respondents vide order dated 25.3.95 issued an order for a recovery of damage rent at the rate of Rs. 553.50 for 115 months amounting to Rs. 63,652.50 vide order annexure-1. It is submitted that on 01.04.1989, rate of damage...
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