Court : Central Administrative Tribunal CAT Patna
Reported in : (2007)(1)SLJ203CAT
1. O.A. 562 of 1998 was originally filed by Late Shri Niranjan Prasad Sinha S/o Late Shri Kapildeo Narayan Sinha under Section 19 of the Administrative Tribunals Act, 1985.2. Shri Sinha, however, died on 21.8.2004 and hence his legal heirs namely Smt. Pushpa Sinha, Wife, Shri Sanjay Kumar Sinha, Son and Shri Subodh Kumar Sinha, another son of Late Shri Niranjan Prasad Sinha filed a M.A. No. 157 of 2005 on 2.12.2004 for substitution of the names of heirs in place of Shri Sinha in O.A. No. 562 of 1998. The request was allowed. There was, however, a delay of fifteen days in filing the impugned M.A. which too was condoned by the Tribunal vide, order dated 30th May, 2005 on sufficient grounds advanced by the successor applicants. These applicants are represented by their Counsel Mr. S.N.Shukla.3. The case was originally fixed for hearing on 31.8.2005. Due to non-appearance of the learned Counsel for the applicant Mr. S.N.Shukla, the O.A. in question was dismissed for default. Subsequently,...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2006)(92)SLJ190CAT
1. A writ petition, (CWJC No. 11332 of 1996) was filed by the applicant against Kendriya Vidyalaya Sangathan (hereinafter referred to as 'The Sangathan') and others praying therein for issuance of appropriate writ directing the Sangathan and its officials to accept the joining of the applicant to the post of TGT (Mathematics) in which he was working. The matter remained pending before the Hon'ble Court but by order dated 08.05.2003, the Hon'ble Court transferred the petition to this Tribunal on the ground of jurisdiction, which is how this application has come-up before us for disposal.2. The facts, in brief, as coming out of the application are that having been appointed as a Primary Teacher under the Sangathan at Barauni in due course the applicant was promoted as Trained Graduate Teacher (for short, TGT) (Mathematics) and worked satisfactorily throughout. Thereafter, the applicant applied for the post of Secondary Teacher in Zambia for which he was interviewed and was appointed as ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2006)(1)SLJ201CAT
1. The applicant is widow of Late Man Mohan Dey who was appointed as casual labourer in the Postal Department on 04.04.1983 and, having worked as such continuously, he was granted temporary status w.e.f.29.11.1989 but, as the ill fate would have it, he died in harness on 11.02.1999, still working under temporary status. There is no dispute about the aforesaid facts.2. The applicant claims that thereafter the respondents sent her form under Rule 54(12) of the CCS (Pension) Rules for being filled up which fact however has been denied in the written statement. The claim of the applicant was that she was paid neither gratuity, nor family pension despite requests rather, without paying her anything, areceipt for Rs. 15,000 was taken, which the respondents say was taken for payment of CGEIS which amount was paid.Judgment in O.A. 339 of 2004 has been annexed at Annexure-A/5 granting similar relief to another similarly situated applicant, which fact is admitted in the written statement.3. The...
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(a) To direct the respondents to release in favour of the applicant DCRG amount, leave encashment, transfer grant, packing and other allowances, as per admissible rules. (b) To direct the respondents to pay 18% interest per annum on withhold amount as referred to in Annexure-A/1(a) with effect from 31.10.1996.2. I have heard the learned Counsel for the parties and perused the materials on record.3. The applicant joined the Railway Service with effect from 12.6.1959.He retired from Railway Service as Station Superintendent, Dholi Railway Station of North Eastern Railway, with effect from 31.10.1996.It is stated by the applicant that at the time of retirement, he was getting monthly salary of Rs. 2675 (Annexure-A/1), At Dholi Station, the applicant had been allotted a Railway Quarter No. T/9. The applicant has stated that he vacated the said quarter on 29.10.1996 (Annexure-A/2). He made an application for release of DCRG, leave encashment, transfer allowance, etc., vide his petition, as...
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1. The applicant, being an employee under the Eastern Railway, has filed the instant OA for direction upon the respondents Railway for refund of a total sum of Rs. 46,387/-, being the penal rent already realised from him during the period from 1stJuly, 1979 to 1st May, 1994, for his continued occupation and retention of the railway quarters bearing No 414/A, situate at New Colony, Post Office Road, Khagaul, Patna, under Danapur Division of Eastern Railway.2. The applicant's case, in short, is that while he was working on the post of Guard at Danapur, under Danapur Division of the Eastern Railway, he was allotted a railway quarters No. 414/A at Danapur with effect from 17th July, 1977. Subsequently, on 6th June 1979, the applicant was transferred from Danapur to Garhara, under the same Danapur Division of Eastern Railway. After lapse of a little more than two years, the applicant was transferred back from Garhara to Danapur, vide office order dated 31st December, 1981. There was yet an...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. The applicants 12 in number are Assistant Divisional Medical Officers of Eastern Railway (ADMO) posted in different Divisions of the Eastern Railway. They have prayed for the following reliefs : (i) For a direction to the respondents to determine the seniority of the applicants after taking into consideration their entire service including their initial ad-hoc period which was subsequently regularised through the Union Public Service Commission; (ii) The Respondents may be directed to give promotion to the applicants with the senior scale of Divisional Medical Officers retrospectively from the date (s) of their ad /hoc/temporary joining on the post of Assistant Medical Officer (Grade-II); and 2. The applicants were appointed as Assistant Medical Officer (Grade-II) after being selected through the process of written examination followed by oral test conducted by a selection committee consisting of three Heads of Department viz; Chief Medical Officer, Chief Personnel Officer and a Me...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. This reference, under Section 26 of the Administrative Tribunals Act, 1985, arises out of a batch of seven cases, being OA No. 575/98 and Ors. (already referred to above), wherein, there was difference of opinion expressed by the Member (Administrative) and Member (Judicial) of a Division Bench of this Tribunal in the order dated 10th September, 1999. While disposing of all those OAs, the Member (Administrative) was of the opinion that those should be dismissed whereas, the Member (Judicial) expressed his opinion otherwise and, accordingly, by a common order dated 1 Oth September, 1999, the Division Bench made a reference to the Hon'ble Chairman under the aforesaid Section of the Act for disposal of these OAs by a Larger Bench. Therepupon, the Hon'blc Chairman, Central Administrative Tribunal, Principal Bench, New Delhi, by an order dated 04.11.1999 made a reference to this Bench and, accordingly, the matter was heard again with participation of all the parties, referred to above.2...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. This O.A. is directed against an office order dated 1.12.1998 (Annexure-1) issued by Administrative Officer, ILRI, Namkum, Ranchi (respondent no. 5), which is sought to be quashed. By this order, the applicant has been informed of the grounds for which the Departmental Promotion Committee did not recommend his name for promotion/upgradation from the post of Senior Clerk to the post of Assistant. The applicant has been also strictly warned by this order to improve his conduct towards his duties and not to repeat grave mistakes in future. This order was issued with the approval of the Director, ILRI, Namkum, Ranchi (respondent no. 4). The applicant has also prayed for quashing of the order dated 15.3.1999 (Annexure-5) of the respondent no. 5, whereby his representation was rejected. A relief by way of direction upon the respondents to consider the applicant's case for promotion to the post of Assistant with effect from 6.11.1998, that is, from the date his juniors had been promoted, ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. Since both the aforesaid OAs arc analogus in nature, they were heard together for decision by a common order.2. The applicants, being 68 in number, have sought for relief by way ordirection upon the official respondents to re-regularise the roster duty of only eight hours for their future duties and also to pay Over Time Allowance for the works already done for more than eight hours duty per day as per the prescribed service rules.3. The applicants were Motor Vehicle Drivers and Khalasis working under the respondents in the Dhanbad Division of the Eastern Railway.According to their case in the OAs, the working hours of their roster duty had been earlier decided @ 8 hrs. per day for six days per week leaving one day as rest day. It is, however, alleged that the respondents at different times arbitrarily passed orders fixing roster duly of more than eight hours ranging from 9 hours to 14 hours per day which the applicants performed with the hope that they would be paid Over Time Allo...
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. This transfer Application has been registered on receipt of the Title Appeal No. 29/93 from the Court of II Additional District and Sessions Judge, Darbhanga. The Title Appeal No. 29/93 was preferred by the Plaintiff applicant against the judgment dated 29.1.77 and decree dated 4.2.77 passed by the II Additional Munsif, Darbhanga, in Title Suit No. 234/93 /11/75 dismissing the prayer of the plaintiff-Applicant for declaration of his dismissal order as void, illegal and mala fide and for his reinstatement in the service.2. The case has a chequred career. The plaintiff-applicant, Kameshwar Jha, was appointed as a Postal Clerk in Darbhanga Division on 28.12.1954. A criminal case was lodged against him for booking parcel of contraband articles on 6.7.59, and he was put under suspension. In this criminal case, a final form was submitted, but the suspension order passed against him was not revoked. Subsequently, an another criminal case was lodged against him with the allegation of submi...
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