Court : Central Administrative Tribunal CAT Chandigarh
Uday Kumar Varma, Member (A). 1. Applicant Harbans Singh has filed the present Original Application praying for the following reliefs:- "i). That the respondents be directed to release the interest @ 18% on the delayed payment of gratuity w.e.f. 1.5.2008 i.e. till the date of actual payment. ii). That the respondents be directed to release the recovered amount of Rs.8175/- from the salary of the applicant for the month of April, 2008 without disclosing any reason along with interest; iii). That the applicant be extended the benefit of the Railway Board Orders No. F(E)III-94/PNI/28 of 1.11.1994. The applicant, who retired from the service of the respondents on 30.4.2008 after rendering more than 35 years of service, has filed the instant OA for claiming interest on DCRG amount for releasing the same on 6.2.2013. This is the second round of litigation by the applicant for claiming interest on the amount of DCRG as in the earlier OA No.1149/PB/2011 filed by him, the applicant has also cla...
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(Oral). Rajwant sandhu, member (A) 1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:- "8. Impugned orders dated 19.01.2010 (Annexure A-1) and 08.03.2010 (Annexure A-2) be set aside and the applicant be re-instated in service with all the consequential benefits." 2. Written statement has been filed on behalf of the respondents wherein preliminary objection has been taken that under Section 20 of the Administrative Tribunals Act, 1985, an application is not to be admitted unless the applicant has availed of the remedies available to him under the relevant Service Rules for the redressal of his grievance. In this case the applicant had not availed the remedy of filing revision petition and had approached the Tribunal directly inspite of withdrawing the earlier OA No.445/HP/2012 on the same issue. 3. When the matter came up for consideration today, learned counsel for the applicant submitted that he would a...
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Rajwant Sandhu, Member (A). 1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:- 8 (i). Quash the order dated 08/09.05.2012 (Annexure A-1) vide which the name of respondent no.6 as approved for appointment on regular basis as (Non-Teaching) Store Keeper at JNV, Kaulan, District Ambala despite being at Sl.No.2 of the merit list and without any refusal on the part of the applicant who has been placed at Sl.No.1 of merit by duly constituted Selection Committee, to join duty, by manipulation of norms of appointment / incorporation of unknown clauses not mentioned in the Circular displayed on notice board of Vidyalaya or sent to the Employment Exchange and against illegal order of appointment of respondent no.6 (to be produced by the respondents.) (ii).Direct the respondents to grant appointment to the applicant as Store Keeper at JNV, Kaulan, to applicant from due date being at Sl.No.1 of merit strictly in te...
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(Oral). Rajwant Sandhu, Member (A). 1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:- 8 (i). to prohibit respondents from filling up the posts of Mate (Semi-skilled) by resorting to direct recruitment in violation to Recruitment Rules. (ii). to annul and quash the order dated 8.02.2011 and subsequent clarifications on the subject in the form of letter dated 23.03.2012 as in this letter besides giving clarifications the formation of new service known as Multi Tasking Staff has been mentioned for the categories of chowkidars / safaiwals; (iii). to command and direct the respondents to merge the categories of chowkidars / safaiwalas with Mate (semi-skilled) in accordance with the Recruitment Rules and accord them seniority from the due date with consequential benefits; like their counter parts in the category of Mazdoors. 2. Written statement was filed on behalf of the respondents and rejoinder was also f...
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(Oral). Sanjeev Kaushik, Member (J). 1. The commonality of questions of facts and law involved in these two Original Applications allows us to pronounce a common order, with the consent of the parties. 2. For the facility of reference facts have been taken from O.A.No. 1252-PB-2012 (Hans Raj and Others Vs. Union of India and Others). The applicant No.1 joined service as Mazdoor on 4.6.1973 and promoted as MPA on 1.8.1985 in the pay scale of Rs.260-400 and similarly, applicant no. 2 was appointed as Mazdoor on 4.1.1997 and promoted as MPA on 1.10.1985 in the pay scale of Rs.260-4000. The Government introduced Assured Career Progression Scheme (for short ACP) on 9.8.1999 under which employees who had completed 12 and 24 years of service, without getting any promotion, were to be granted financial up-gradations. The applicants were granted 2nd ACP in the pay scale of Rs.4000-6000 on completion of 24 years of service in 1999 and 2001 respectively. The ACP Scheme was substituted by a new MA...
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Sanjeev Kaushik, Member (J). 1. The applicants herein, who are blind, came to be appointed to an isolated post of Caneman in the year 1984. The Government introduced Assured Career Progression Scheme (for short ACP) on 9.8.1999 under which employees who had completed 12 and 24 years of service, without getting any promotion, were to be placed in the pay scale of Rs.4000-6000 and Rs.5000-8000 respectively. The applicants were granted pay scale of Rs.4000-6000 under ACP Scheme w.e.f. 9.8.1999, though they were entitled to be granted the 2nd ACP also w.e.f. 9.8.1999, as they had completed 24 years of service. 2. The ACP Scheme was substituted by a new MACP Scheme applicable w.e.f. 1.9.2008, under which one was entitled to three financial up-gradations on completion of 10, 20 and 30 years of service. It was, however, mentioned that the cases already settled would not be re-opened. In O.A.No.637-HR-2005 (Dhanna Lal and Others Vs. Union of India and Others) decided on 11.12.2006, a coordinat...
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(Oral). Rajwant Sandhu, Member (A). 1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:- "8 (i). That the action of the respondents appointing the applicant as LDC be declared against the direction issued by this Tribunal vide order dated 11.08.2011 (Annexure A-5) and a direction be issued to the respondents to modify the (A-1) dated 06.02.2012 and appoint the applicant as J.E. (E/M) notionally from the date similarly placed employees were appointed with relevant service benefits and with all consequential benefits." 2. Averment has been made in the OA that the father of the applicant one Sh. Gurnek Singh was working as Superintendent in the O/o respondent no.3 when he died while in harness on 03.01.1996. The applicant applied for appointment on compassionate grounds and the Board of Officers recommended his appointment for the post of JE vide Board Proceedings dated 10.01.2003 (Annexure A-2, A-3). Howeve...
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(Oral). Rajwant Sandhu, Member (A). 1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:- "8 (ii). To set aside the orders Annexure A-1 qua respondent no.4 and A-2 whereby respondents no.4 and 5 have been promoted as Group Instructors ignoring seniority and prior right of the applicant for promotion as Group Instructor as per rules, without any reasonable and legal justification. (iii).To issue directions to the official respondents to consider and promote the applicant as Group Instructor w.e.f. the date his immediate junior was so promoted, with all consequential promotion / service benefits." 2. It is stated in the OA that the mode of recruitment for filling posts of Group Instructors is governed by statutory rules framed under Proviso of Rule 309 of the Constitution of India qua the Government Central Crafts Institute for Women, Chandigarh, Group œC? posts Recruitment Rules, 1999 (Annexure A-4) a...
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Uday Kumar Varma, Member (A). 1. Applicant Anil Chaudhary has filed the present Original Application seeking the following reliefs :- "i). Order No.C-50/Bkg/CDG/2007 dated 31.12.2010 passed by Respondent no.2, copy Annexure A-1, whereby a penalty of reduction of one step in the same pay band for one year with cumulative effect has been imposed on the applicant be quashed; ii). Order No.286/May/2011 dated 19.05.2011 passed by Respondent no.4, copy Annexure A-2, whereby the orders have been passed in the case of the applicant to reduce penalty of Compulsory Retirement to Reduction by one step in the same pay band for one year with cumulative effect and period of unauthorized absence from duty from 14.1.2007 to 8.7.2008 has been treated on leave of kind due and further the period from compulsory retirement from service (02.03.2009) to date of resumption has been treated as Dies non without pensionary benefits may be quashed to that extent; iii). Order NO.145-E/RB/REF/Comml/EC/UMB dated 25...
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(Oral). Sanjeev Kaushik, Member (J). 1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:- "8 (i). Quash letter No.Staff/S-1312/VII/52 dated 054.10.2012 issued by the office of respondent no.3, to the extent whereby claim of the applicant has been rejected only on the ground that he was not applicant in OA No.918/HP/2009 titled Desh Raj Vs. UOI and Ors., OA No.883/HP/2009 titled Dhian Singh Vs. UOI and Ors., OA No.449/HP/2010 titled Karam Chand Vs. UOI and Ors. and OA No.538/HP/2007 titled Budhi Singh Dhiman Vs. UOI and Ors. (ii).Issue direction to the respondents to fix the pay of the applicant properly by extending him benefit of judgments passed by this Tribunal in OA No.253/CH/1991 titled Bharat Bhushan Vs. UOI and Ors, OA No.918/HP/2009 titled Des Raj Vs. UOI and Ors., decide don 06.04.2011, another OA No.883/HP/2009 titled Dhian Singh and Ors. Vs. UOI and Ors., decided on 03.05.2011, by fixing his pa...
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