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Jul 17 2002 (TRI)

Sri Ananda @ Ananda Ghadei Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Cuttack

Reported in : (2003)(2)SLJ327CAT

1. Heard Mr. N.R. Routray, Advocate for the Applicant and Mr. S.L.Patnaik, Addl. Standing Counsel appearing on behalf of the Respondents (Railways).2. The Applicant was engaged by the Railways on casual basis from 27.12.1966 to 8.12.1971. He was again reengaged as such from 5.1.1972.He was conferred with Temporary Status w.e.f. 1.1.1981 and, ultimately, regularised as against a Group D post from 7.2.1986. While the Applicant was continuing as casual Khalasi, several regular posts were created w.e.f 1.4.1973 on the basis of fresh strength of Group D posts as on 31.3.1971, 31.3.1972 and 31.3.1973. However, the service of casual labours were regularised against the posts (created w.e.f.1.4.1973) on various dates, subsequent to 1.4.1973. It may be noted here that while regularisation of casual labours, as aforesaid, was in the process, the Applicant received temporary status on 1.1.1981 and his services were regularised w.e.f. 7.2.1986. On his retirement on 30.6.1994, he was not given the...

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Apr 12 2002 (TRI)

Manoj Kumar SwaIn Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Cuttack

Reported in : (2004)(2)SLJ398CAT

1. Applicant's father, while continuing as regular Gangman under S.E.Railways, died prematurely on 17.2.1999, as is evident from the Death Certificate, produced under Annexure-A/1. Within three months from the date of sudden death, the mother (widow) of the applicant submitted a representation on 17.5.1999, seeking an employment on compassionate ground in favour of her son (the applicant) in order to remove the distressed condition of the family. The said representation was forwarded by Respondent No. 5 to Respondent No. 4 vide Endorsement No.E/6/VII/233 dated 17.5.1999, with the following remarks. "Forwarded to Sr. D.P.O., Khurda Road for favour of further disposal please. Her case may please be considered as her husband expired on 17.2.1999, while on duty".The Income Certificate of the applicant's family dated 18.6.1999, as available under Annexure-A/4, was also produced before the respondents to show the distressed condition of the family. As has been admitted in the counter, the c...

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Apr 10 2002 (TRI)

Bindeswar Mehta Vs. Union of India (Uoi)

Court : Central Administrative Tribunal CAT Cuttack

Reported in : (2004)(3)SLJ399CAT

1. Applicant's father while working as Jamadar under the respondents breathed his last on 25.10.1996 prematurely leaving behind his widow, two sons and one daughter. On 20th April, 1997, the mother of the applicant approached the respondents to provide an employment to one of her sons (applicant) to remove the distress conditions of the family.The applicant had also submitted a representation on 20th August, 1997 seeking an employment on compassionate ground which was forwarded to the respondent No. 2 and respondent No. 2 on 13.2.1998 sought comments of respondent No. 4. The details having been furnished by the respondent No. 4 on 7.2.1999, with willingness of the applicant and the applicant having furnished an undertaking on 16.7.99, the matter was considered and the respondents rejected the prayer of the applicant on 21.9.1999 and, as a consequence, the prayer for compassionate appointment has been turned down on the ground that a lump sum amount of retirement benefits have been giv...

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Apr 03 2002 (TRI)

Smt. Sarojini Patra Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Cuttack

Reported in : (2003)(1)SLJ291CAT

1. This Original Application, under Section 19 of the Administrative Tribunals Act, 1985 was filed during 1995 by one Dhirendranath Patra.The said Dhirendranath Patra, had entered into Railway services (as Jr.Clerk) on 05.10.1953. While working as Office Superintendent (Stores) Gr. -I in the Office of the Respondent No. 4, he faced superannuation from said services (on attaining the age of retirement) on 31.08.1990.When all other service benefits were given to him, one increment w.e.f.01.07.1983, personal pay of Rs. 60/- p.m. and the gratuity amounting to Rs. 40,400/- were not paid to him. Despite several representations, he received no fruitful result. Hence this Original Application was filed for redressal of the grievances. In this Original Application it has been prayed for a direction to the Respondents to release his incremental benefits etc., and the entire outstanding retirement benefits, i.e., gratuity, with interest within a stipulated period and allow this Original Applicat...

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Sep 14 2000 (TRI)

R.K. Hatwar Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Cuttack

Reported in : (2003)(2)SLJ40CAT

1. In this Application the petitioner has prayed for a direction to the respondents to consider the application of the petitioner for promotion to the post of Director, Central Cattle Breeding Farm with effect from September 1990 as against five vacant posts on the basis of seniority and eligibility as per the Recruitment Rules, 1969. He has also prayed for a declaration that the decision of the respondents for giving promotion only to Veterinary Graduates isolating the Agriculture Graduates is null and void. He has also asked for a direction to the respondents to allow him the Career Advancement with effect from 1.10.1992 as he has reached the maximum of the scale of Rs. 2000-3500/- since long.2. The applicant's case is that he was appointed as Agricultural Officer in Central Cattle Breeding Farm (CCBF), Similiguda in Koraput district on 7.1.1974 and has been working as such being in Group-B gazetted rank. He has completed 20 years of continuous service without any promotion. Consequ...

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Aug 04 2000 (TRI)

Nirupama Rout Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Cuttack

1. Applicant's husband who was appointed as E.D.D.A, in Mahjuri Branch Post Office in account with Akhuapada Sub Post Office on 15.1.1980, a disciplinary proceedings was initiated against him and by order dated 13.12.1984, he was placed under put off duty. Ultimately, the Disciplinary Authority in order dated 21.1.1993 (Annexure-2) held him not guilty of the charges and directed his reinstatement with immediate effect. However, in the same order, he held that the period of put off duly, shall be treated as non-duty for all purposes though the same shall not constitute a break in service. After his reinstatement and while in service, he died on 29-8-1996. Applicant made an application for payment of ex gratia gratuity which would have been payable to her husband. The same was rejected by Supdt. of Post Offices, Bhadrak Division by order dated 9.4.1997 (Annexure-3). She made another representation, under Annexure-4 to reconsider the matter. This was turned down in letter dated 24.3.1999...

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Aug 06 1997 (TRI)

Kuldeep Ketki Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Cuttack

1. In this application under Section 19 of Administrative Tribunals Act, 1985, the applicant has prayed for a direction to the respondents to regularise his services in the post of Driver with effect from his initial appointment. There is also a prayer for interim relief that pending final decision of the O.A., the respondents should be directed not to terminate his services. But no order was passed on the prayer for interim relief. In MA No. 584/96 filed on 3.9.1996 a prayer was made that the Tribunal should direct respondent No. 3 to pay salary to the applicant for Saturday, Sunday and other holidays since the date of his engagement as temporary Driver. This M.A. was dismissed for default in order dated 12.9.1996. On 7.1.1997, MA No. 16/97 was filed with the same prayer. This M.A. was posted from day to day for consideration.Ultimately, on 21.7.1997, it was submitted by both sides that the O.A.and M.A. No. 16/97 should be taken up together. Accordingly, I have heard the counsels on ...

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Jul 30 1997 (TRI)

Arjun Behera Vs. State of Orissa and anr.

Court : Central Administrative Tribunal CAT Cuttack

1. In this application under Section 19 of Administrative Tribunals Act, 1985, the applicant has prayed for payment of interest at the rate of 12% per annum on his arrear salary, arrear on account of unutilised leave, and arrear pension and T.I.2. Facts of this case are that theapplicant was a memberof Orissa Administrative Service. In O.A. No. 32/87 he claimed promotion to Indian Administrative Service. That O.A. was disposed of in order dated 29.1.1988 and Union of India and State Government were directed to appoint the applicant to Indian Administrative Service with effect from 1.12.1986 with all consequential service benefits. Against this order, the State of Orissa went on appeal to the Hon'ble Supreme Court and their Lordships of the Supreme Court in order dated 19.3.1991 upheld the order of the Tribunal. In spite of this, the respondents did not implement the order and the applicant retired from Government service on superannuation on 31.1.1992. His pension, gratuity and other ...

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