Court : Central Administrative Tribunal CAT Chandigarh
MR. JUSTICE S.D.ANAND, MEMBER(J):- 1. The following facts are apparent from the record. 2. The grant of current duty charge for the post of Principal, having been denied to the applicant herein, she was impelled to file an OA. No. 1019/CH/2010 which came to be disposed of by a learned Coordinate Bench of this Tribunal vide order dated 18.1.2011 (Annexure A-4) with a direction to the Respondents therein (and also herein) to give the current duty charge of the post of Principal to the applicant forthwith. The Respondents were also directed to convene the DPC within a period of one month from the date of receipt of a copy of this order for considering the case of the applicant for regular promotion to that post as well (w.e.f. the post was made available). The entitlement of the applicant to the grant of consequential benefits was also ordered.3. The Judicial Review Challenge (CWP No. 1367/2011) against that order came to be negatived on 24.1.2011. In the light thereof, the current duty c...
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MR. JUSTICE S.D. ANAND, MEMBER(J):- There would appear to be no controversy about the fact that the applicant came to be contractually engaged initially vide appointment letter Annexure A-2, dated 23.8.2010. That appointment came to be made by a duly constituted Selection Committee and after an open advertisement. The appointment letter made it clear that the appointment would be valid from 23.8.2010 to 22.2.2011 ‘or till the end of Semester/ Academic Session whichever is earlier’. She again came to be appointed in that very manner for the duration 25.2.2011 to 24.8.2011 (Annexure A-3). That appointment too was governed by the same terms and conditions, as indicated in Annexure A-2. 2. During the period of currency of the appointment (made vide Annexure A-3), the applicant delivered a baby boy on 8.3.2011. The delivery came about by means of a caesarian operation. By the very nature of things, the applicant was not in a position to undertake teaching during the relevant per...
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JUSTICES.D.ANAND, MEMBER (J) 1. The applicant and few other similarly circumstanced employees, who had initially appointed on adhoc basis in Govt. College of Arts, Chandigarh in the year 1989, filed an O.A. for declaration for regularization w.e.f. the date of their initial joining. They did not succeed and the O.A. came to be negatived by the Tribunal. However, the lady luck smiled on them in a judicial review challenge. The High Court allowed the Writ Petition filed by them vide order dated 06.02.2008(Annexure A-3). The official respondents were directed to ‘treat the petitioners as regular appointees from the date of their initial appointment.’ The respondents therein were further directed ‘to treat the petitioners as regular appointees from the date of their initial appointment’. 2. It is apparent, from a perusal of the orders in a judicial review challenge, that the matter pertains to the applicant herein and eight other lecturers which came to be disposed ...
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MR. JUSTICE S.D.ANAND, MEMBER (J):- 1. Mr. Agnihotri states that no independent counter is required to be filed by the Respondent represented by him as its impleadment is proforma in character. 2. It is apparent from a conjunctive perusal of the pleadings raised by the parties that the applicant herein has raised a claim for the grant of salary of the post of Deputy Inspector General for the duration he had held current duty charge thereof. In support of this claim, he has placed on record a judgement dated 19.4.2005 rendered by a learned Coordinate Bench of this Tribunal in OA. 612/PB/2004 (Annexure A-5). 3. In resistance, the learned Standing Counsel for the State of Punjab, argues that the judgement relied upon, being a review in personam qua the applicant therein, the applicant herein cannot claim benefit thereof. She, in support thereof, draws implicit sustenance from the Finance Department view quoted in Annexure A-9. 4. The claim raised herein is not only supported by the judgem...
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(Oral) SHYAMA DOGRA, MEMBER (J) The facts in brief, as projected by the applicant, are that his father died on 4.1.1993. His mother had already died in 1990. The deceased had left behind his mother, applicant and Kamla Devi, daughter, who is now married. At the time of death of his father, the applicant was minor aged 9 years and his sister was also a minor. Family pension was sanctioned to the applicant and his sister. It was however, stopped on marriage of Kamla Devi (sister) and on attaining of majority by the applicant. 2. In 2004, the applicant submitted an application for appointment on compassionate grounds. He was asked to submit his application on prescribed proforma. The case of the applicant was processed by the authorities. However, the claim of the applicant was rejected vide letter dated 20.8.2010 (Annexure A-1) against which the applicant submitted a representation dated 27.8.2010 (A-12). The respondent no. 2 disposed of the representation of applicant vide order dated 3...
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SHYAMA DOGRA, MEMBER (J) The applicant, who is working as a Frash under the respondents, has filed this O.A. seeking benefit of a decision of this Tribunal in O.A.No. 826-CH-2003 titled Kiran Pal and Others Vs. Union of India and Others, rendered on 2.2.2006 (Annexure A-1) declaring the applicants therein, entitled to Non-Productivity Linked Bonus (NPLB) from the year 2001-02 onwards. This decision has been upheld by the High Court of Punjab and Haryana on 15.10.2010 (Annexure A-2). After filing of an Execution Application, the applicants in that case have been granted benefit of bonus for two years i.e. 2001-02 and 2002-03 including the applicant vide order dated 21.10.2011 (A-3). The respondents were directed by this Tribunal to pay bonus from 2001 onwards till date to the applicants in its order dated 24.10.2011 in M.A.No. 196 of 2011 (A-8). The applicants in that case have been paid bonus from 2003-04 to 2006-07 but applicant was not paid the same. Not only this, the payment made t...
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(Oral) BY HONOURABLE MR. JUSTICE S.D. ANAND, MEMBER (J) 1. Counter filed on behalf of the respondents is taken on record. 2. Learned counsel for the applicant states that he does not wish to file any rejoinder. 3. Learned counsel for the parties agree to argue the matter on ‘AS IS WHERE IS BASIS’. 4. Heard. 5. The applicant retired from service w.e.f. 30.04.2007, while he was functioning as Superintending Engineer on deputation from Chandigarh Administration. The then prevalent rule-formulation touching the Leave Travel Concession entitled the retirees to the grant of financial benefits qua LTC even if they did not actually undertake the journey for the block year 1.1.2008 to 31.12.2009. A sum of Rs. 23,828/- came to be sanctioned and disbursed to the applicant as well (in the month of April, 2010). The sanction and consequential disbursement aforementioned was in accord with the instructions dated 17.08.2009 issued by the Punjab Govt. which had been duly adopted by the Cha...
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SMT SHYAMA DOGRA, MEMBER (J): Shorn of unnecessary details, the facts of this case in brief are that applicant was appointed as an Extra Departmental Delivery Agent (re-designated as GDS DA) at Branch Post office Sareli on 1.2.1972. As a result of examination for appointment / promotion to the cadre of Postman held on 4.8.1996, the applicant was declared successful and approved for appointment as Postman, vide letter dated 21.11.1996 and was ordered to undergo training vide Memo dated 6.12.1996 (Annexure A-3). Vide letter dated 23.12.1996 (Annexure A-4), the applicant, after successful completion of training, was ordered to be posted at Narnaul HO. Formal orders of his appointment as a Postman were issued on 26.12.1996 (Annexure A-5). The applicant was retired from service w.e.f. 29.4.2006 vide letter dated 10.4.2006 (Annexure A-6), though as a GDS DA, he was due for retirement on 6.4.2011 on attaining the age of 65 years. Apparently, he was retired on attaining the age of 60 yea...
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(Oral) SHYAMA DOGRA, MEMBER (J) The applicants are working as Lecturers/Mistresses in different subjects on contract basis in the different Schools of Union Territory, Chandigarh. Some of them were initially appointed on different dates in 2002 on fixed remuneration of Rs.9000 and some of them were appointed on fixed amount of Rs.8000/-. 2. The applicants submit that the Chandigarh Administration issued policy circular dated 13.3.2007 (Annexure A-1), 10.1.2008 (Annexure A-2), 5.3.2009 (Annexure A-3) and 30.7.2009 (Annexure A-4) enhancing the consolidated salary of the contractual employees of Union Territory corresponding with the regular pay scales of the concerned posts. The pay scale of the post of Lecturers, masters/Mistresses and JBT Teachers, working in the pay scale of Rs.6400-10,640, Rs.5480-8925 and Rs.4550-7220 was further revised to pay band of Rs.10,300-34800 + 4200 as grade pay, Rs.10300-34800 + Grade pay of Rs.3600 as grade pay and Rs.5910-20200 + Rs.3000 as grade pay res...
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Mr. Khushiram, Member (A): Applicant was Senior Resident from 10.9.1999 to 1.11.1999 in LRS Institution of Tuberculosis and Respiratory Diseases, New Delhi (Autonomous under the Ministry of Health and Family Welfare, Government of India). Thereafter, he joined Government Medical College and Hospital, Chandigarh from 2.11.1999 to 8.10.2002 in the same capacity and again joined Indira Gandhi Medical College, Shimla under Himachal Pradesh Government from 9.10.2002 to 23.11.2002 as Registrar (Senior Resident) and from 23.11.2002 to 21.10.2003, he worked as Assistant Professor on contract basis at Indira Gandhi Medical College, Shimla, through open selection. He joined Government Medical College and Hospital, Sector 32, Chandigarh, as Senior Lecturer (full time) on contract basis where he continued upto 10.6.2005 when he joined as Senior Lecturer after submitting technical resignation on 10.6.2005 on the recommendations made by the UPSC. 2. On 31.12.2007, the applicant made a representation...
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