Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(3)SLJ124CAT
1. The applicant has been working as Section Engineer and posted at Bongaigaon who was allotted Type-III quarter being quarter No. R/99-A, which has been occupied by his wife who is also working as Female Dresser under the respondent No. 6. The wife of the applicant has instituted a Title Suit (M) No. 20/2000 before the learned District Judge, Bongaigaon and a decree was obtained on 24.9.2000 in her favour for judicial separation on condition that the applicant would pay to his wife Rs. 2000 per month in the joined account that would be opened in the United Bank of India and would pay Rs. 2500 on the day of leaving the house occupied by the wife. It was also stipulated therein "The quarter occupied by the petitioner shall vacate within 6 months from 24.9.2000" (Annexure-1). According to the averments made in the application, he was paying the amount of Rs. 2000 per month to the wife and he has started to live separately in a rented house. The application of his wife before the learned...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(1)SLJ188CAT
1. Both these cases relate to grant of compassionate appointment to dependents of Postal Department employees who had died in harness under a scheme for compassionate appointment published by the Government of India, Department of Personnel and Training (for short DOPT) O.M. No.14014/6/94-Estt. (D) dated 9.10.1998 and subsequent orders. Since both these applications relate to the compassionate appointment under the dying in harness scheme in the Postal Department and since the issues involved in both these cases are common these two cases are being disposed of by a common order.2. Heard Mr. B. Pathak, learned Counsel for the applicants and Mr. A.K.Chaudhuri and Ms. U. Das, learned Addl. C.G.S.C. for the respondents in O. A. Nos. 234/2004 and O. A. 85/ 2005 respectively.3. The applicant in O.A. No. 234 of 2004 is the son of late Upendra Nath Bayan who died while in service as a Group 'D' employee on 1.6.1999. The applicant, it is stated, had obtained a death certificate of his father o...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(91)SLJ262CAT
1. The matter relates to promotion to the post of Director, Geology in the scale of pay of Rs. 12000-16500 in the Geological Survey of India under the Government of India, Ministry of Mines, New Delhi.2. The applicant is working a Geologist (Senior), M.G.P. Division in the Office of the 4th respondent. The applicant was originally appointed as Geologist (Junior) on selection by the Union Public Service Commission in the year 1976 in the Geological Survey of India.He was promoted as Geologist (Sr.) in the year 1985. He had completed the residency period of 6 years required for promotion to the post of Director (Geology) in the year 1991. The applicant was at serial No.670 in the seniority list of Geologist (Sr) prepared by the Geological Survey of India as on 1.10.1990. As per the provisional seniority list of Geologist (Sr.) as on 1.8.2000 (Annexure-II) applicant is serial No.172 while respondents 8 to 10 are serial Nos. 174,175 and 204 respectively. The applicant has filed this O.A. ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(92)SLJ153CAT
1.The applicant is presently working as Additional Commissioner (Group 'A' Officer) in the Office of the Chief Commissioner, Central Excise and Customs, Shillong. He has filed this application seeking for direction to promote him on ad hoc basis as Commissioner, Customs and Central Excise on the basis of D.P.C, held in December, 1999 with effect from the date of promotion of his juniors/from a date following the six-monthly review immediately following the adoption of sealed cover procedure. He has also sought for subsequent monetary benefits from the date of his promotion/ad hoc promotion.2. The brief facts are that the applicant was recruited through UPSC and initially joined as Assistant Collector (Group - A, IRS) in the Central Excise and Customs in 19/3. He was promoted as Deputy Collector in 1981 and subsequently promoted as Additional Collector in 1990. The designation of Collector was changed in the year 1991 to Commissioner.As such, he is an Additional Commissioner. The next ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(91)SLJ304CAT
1. The applicant, a State Forest Service Officer who retired from service as Deputy Conservator of Forests (DCF) (SFS) on attaining the age of superannuation, has filed this applicant for the following reliefs: 8.1 To direct the respondents to consider the case of the applicant for promotion to the cadre of IPS w.e.f. 1988 onwards and after such consideration to promote him to IPS with retrospective effect with all consequential service benefits. 8.2 To direct the respondents to convene triennial cadre review and to review the cadre strength since 1988 following the mandatory provisions of IPS cadre Rules, The grievance of the applicant is that though he had become eligible for promotion to Indian Forest Service (IPS in short) in 1988, his case for promotion to IPS was not considered by the respondents till the date of his retirement on 23.2.2003. The applicant has approached this Tribunal only when the Union Public Service Commission (UPSC in short), New Delhi issued a communication ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(2)SLJ47CAT
1. The applicant was originally appointed as an Assistant Station Master on 7.9.1962. Later he was promoted as Station Superintendent in the scale of pay of Rs. 7450-11,500 in the year 1993. The applicant was medically decategorised on 4.8.1998 and was declared fit for appointment to C/one and C/two medical categories. The applicant was directed to appear for a suitability test for medically decategorised staff on 12.8.1998. Accordingly the applicant appeared before the authority and on finding him suitable, he was absorbed as Chief Controller (Control) in the scale of pay of Rs. 7450-11500 against the existing vacancy on 6.10.1998 (Annexure-I). The applicant joined the said post on 8.10.1998, but from 10.10.1998 he was not allowed to work and his name was struck off from the attendance register. The applicant then submitted a representation dated 30.10.1998 for allowing him to perform his duties followed by a reminder request dated 20.11.1998 (Annexures-II and III series). The applic...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(92)SLJ126CAT
1. The applicant belongs to S.T. community. He was initially appointed as U.D. Clerk in the Office of the Commissioner of Income Tax, NER, Shillong in the year 1984. While so, he applied for the post of Rehabilitation Officer pursuant to a Notification dated 25.03.1986 issued by the Union Public Service Commission (U.P.S.C, in short). He was selected and appointed as Rehabilitation Officer in the Office of the Directorate General of Employment and Training under the Ministry of Labour, Government of India. Accordingly, he joined as Rehabilitation Officer on 25.03.1986. A gradation list (Annexure-II) was published on 01.01.1989 in which the applicant was placed at SI.No. 8 as a S.T. candidate. On 27.11.1996, the applicant submitted a representation to the 3rd respondent for consideration of his promotion to the post of Superintendent against the reserved post of S.T.. Three (3) posts of Superintendents which fell vacant in the year 1997 were filled up on ad hoc basis as per order dated...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2005)(3)SLJ225CAT
1. Since all these applications, inter alia, involve one common question regarding entitlement to Special (Duty) Allowance (for short SDA), all these applications are being disposed of by a common order.Since most of the relevant orders and decisions are available in O.A.No. 319 of 1999 we take this case as the leading case and parties and documents are referred to as described therein.2. The applicants in the first eight cases are aggrieved by a communication dated 10.4.1999 (Annexure-4) issued by the Controller of Defence Accounts, Narangi, the 2nd respondent, directing stoppage and recovery of Field Service Concession (for short FSC) enjoyed by them pursuant to the decisions of this Tribunal as affirmed by the Supreme Court. A Division Bench of this Tribunal, consisting of Mr. Justice D.N. Chowdhury, Vice-Chairman and Mr. M.P. Singh, Administrative Member, by a common order dated 11.12.2000 allowed the first six applications. The impugned order dated 10.4.1999 was set aside. The O....
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2006)(1)SLJ33CAT
1. The question that arises for consideration in this case is as to whether the applicant, an Officer Surveyor on his promotion as Superintending Surveyor is entitled to arrears of salary for the period during which, admittedly he had not worked but he has been given notional promotion from the deemed date i.e. the date from which his junior was promoted to the said post.2. The applicant was initially appointed as Surveyor (Gr. 'C') with effect from 1.7.1976; he was promoted as Office Surveyor with effect from 16.7.1987 through Limited Department Competitive Examination (LDCE for short), 1986, he was further promoted as Superintending Surveyor (Gr. 'A') on ad hoc basis with effect from 17.12.1999 and on regular basis as per order dated 26.7.2001 (Annexure-1 to the O.A.). The applicant was subsequently promoted as Deputy Director (Gr. 'A') as on 11.6.2002.3. In this application the applicant challenges the orders dated 28.11.2001 (Annexure-A) issued by the Director, North Eastern Circl...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2005)(3)SLJ39CAT
1. The applicants were initially appointed on 10.4.1995 to the post of Topo Trainees Type B in the pay scale of Rs. 950-1500/-. After completion of two years training, classification test was conducted by the respondents and on the basis of the said classification test the applicants were upgraded as Draftsman Grade IV after passing of the trade test and they were placed in the pay scale of Rs. 3200-4900 with effect from 1.4.1997. Thereafter on completion of 3 years regular service in the Draftsman Grade IV, they again appeared in the trade test and after passing the trade test they were upgraded in the cadre of Grade III Draftsman in the scale of pay of Rs. 4000-6000/- with effect from 1.1.2001. According to the applicants Circular Order No.435/439 (Administrative), wherein service conditions of Group C employees are laid down and which governs the promotional avenues of the applicants, Rule 6(d) provides for promotion to the next higher grade on completion of certain number of years...
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