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Jan 06 2014 (TRI)

V. Rajendran and Others Vs. Union of India Represented by Secretary, M ...

Court : Central Administrative Tribunal CAT Ernakulam

A.K.Basheer, Member (J): 1. Applicants in this bunch of Original Applications are working in different cadres like Ticket Checking Staff, Traffic Yard Staff, Catering Staff, Station Masters and Enquiry cum Reservation Clerks (Grade-I) in Palakkad Division of Southern Railway. 2. The primary prayer in these Original Applications is to issue a direction to the respondents to review and re-adjust the seniority in all the grades of the cadres referred to above and to determine the excess promotions of SC/ST employees made before February 10, 1995 and to remove the names of excess promotees from the seniority list of promotional cadre and restore the seniority and promotions of the general category employees like the applicants. 3. We do not deem it necessary to refer to the other incidental or ancillary reliefs sought by the applicants in view of the order that we propose to pass. 4. When these cases are taken up for consideration, it is brought to our notice that the issues involved in th...

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Jan 06 2014 (TRI)

Ramroop Meena and Another Vs. Union of India and Others

Court : Central Administrative Tribunal CAT Ernakulam

A.K. Basheer, Judicial Member. 1. Applicants are stated to be working as Station Superintendent and Station Master respectively in Palghat Division of Southern Railway. It is on record that both these applicants had requested for transfer to Kota Division of West Central Railway in 2010 and 2011 respectively as can be seen from Annexure A-1 and A-2. It is also beyond controversy that they have been registered at Sl.No.3 and 4 in the Register for Inter-Railway One Way Transfer. The grievance of the applicants is that they are not being relieved from Palghat Division to the West Central Railway even though they happen to be the next eligible candidates for such transfer. 2. We have heard learned counsel for the parties and perused the materials available on record. 3. In the course of hearing our attention has been drawn to an order passed by this Tribunal in O.A. 155/2013 in which a similar claim made by two other Station Superintendents who were placed at Sl.Nos.1 and 2 in the Register...

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Jan 06 2014 (TRI)

P.A. Viswambharan Vs. the Union of India Represented by the Secretary ...

Court : Central Administrative Tribunal CAT Ernakulam

K. George Joseph, Administrative Member. 1. When this O.A was finally heard on 06.01.2014, the learned counsel for the applicant pressed only for the relief of direction to the first respondent to dispose of his Annexure A-10 representation dated 23.06.2010 taking note of Annexures A1, A2 , A-5 to A-9 and A-11 to A-20. 2. The applicant is a retired Assistant Central Intelligence Officer Grade-I of Intelligence Bureau. He was given a commendation certificate dated 23.06.1992 for his outstanding professional competence displayed in connection with a difficult assignment during 1991-92 and a small cash reward. Vide Annexure A-10 representation, the applicant requested for the reward of 20% of the value of the contraband valued as 5 million US dollars. 3. Parties were heard and records perused. 4. The applicant has sought condonation of delay of 04 years and 02 months in filing this O.A vide M.A. No. 1211/2012. According to the respondents, the cause of action arose in 1992. The applicant ...

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Jan 02 2014 (TRI)

P.N. Sasidharan Nair Vs. Union of India Represented by the Secretary a ...

Court : Central Administrative Tribunal CAT Ernakulam

K. George Joseph, Administrative Member. 1. The applicant has filed this O.A for the following reliefs: (i). To declare that the workload out of NREGS is entitled to be counted for workload calculation of GDSBPM for fixing the TRCA; (ii). To direct the respondents to sanction and disburse the TRCA of Rs. 4575-85- 125 to the applicant with effect from 01.01.2013 counting the workload under NREGS and disburse all other consequential benefits; (iii). Grant such other reliefs as may be prayed for and as the Court may deem fit to grant; and (iv). Grant the cost of this Original Application. 2. The contention of the applicant is that there is no justification in not giving points for the work done under the NREGS Scheme in assessing his work load for TRCA calculation. If the work done under NREGS is taken into account, he will be eligible for higher TRCA. 3. This O.A was taken up for admission on 02.01.2014 Parties were heard. 4. The issue raised by the applicant in the matter of assessment ...

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Jan 01 2014 (TRI)

C.B. Ajithkumar Vs. Union of India Represented by the General Manager ...

Court : Central Administrative Tribunal CAT Ernakulam

A.K. Basheer, Judicial Member. 1. The applicant is a retired employee of East Coast Railway. He tendered Technical Resignation from the above Establishment while working as Loco Pilot Goods-II in the Waltair Division. He has filed this Original Application seeking the following reliefs: "(i) Call for the records leading to the issue of Annexure A-2 and quash the same to the extent it fails to fix the applicant's pension/family pension adding 55% of the applicant's basic pay as pay element; for the purpose of calculating/emoluments/average emoluments and direct the respondents to fix and grant the applicant's pension and gratuity adding 55% of the pay element as stated in Rule 49 of the Pension Rules, 1993; (ii). Direct the respondents to grant and pay interest @ 9% per annum on the arrears of pension and retirement gratuity to be calculated at least with effect from 1.7.2011 upto the date of full and final settlement of the same.'' 2. In the written statement the respondents have stout...

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Jan 01 2014 (TRI)

Anil Kumar and Another Vs. the General Manager Southern Railway and Ot ...

Court : Central Administrative Tribunal CAT Ernakulam

A.K. Basheer, Judicial Member. 1. Applicants are stated to be the son and widow respectively of Late Sukumaran who died in harness while serving under the Southern Railway. The grievance of the applicants is that the pensionary benefits which fell due on the death of Late Sukumaran have not yet been released to them so far even though several requests in this regard were repeatedly made. 2. It appears that in response to a request made under the under Right to Information Act, the Administration had informed the applicants that their case is "under examination". Learned counsel submits that applicants have preferred Annexure A-8 representation before the competent authority praying for appropriate action in the matter. He submits that applicants will be satisfied if a direction is issued to the respondents to take a decision on the said representation without any further delay. 3. In the above facts and circumstance, the Original Application is disposed of with a direction to Responden...

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Oct 22 2013 (TRI)

C. Susan Vs. the Bharat Sanchar Nigam Limited, Represented by Its Chie ...

Court : Central Administrative Tribunal CAT Ernakulam

K. George Joseph, Administrative Member: 1. The applicant's husband died on 14.11.2005 while in the service of the Bharat Sanchar Nigam Limited (BSNL). The request of the eldest son of the deceased for appointment under the compassionate appointment scheme was rejected on 30.09.2008. The applicant applied for compassionate appointment on 08.07.2011, which was rejected by Annexure A-III order dated 12.03.2013. Aggrieved, the applicant has filed this O.A for the following reliefs: (i) Call for the records leading to the passing of Annexure A-III order and quash the same; (ii) To direct the respondents to reconsider the claim of the applicant for appointment on compassionate grounds and to appoint her in any of the posts under the respondents, if she is otherwise eligible; (iii) Grant such other reliefs this Hon'ble Tribunal may deem fit and proper to meet the interest of justice. (iv) Award costs to the applicant. 2. The applicant contended that the order at Annexure A-III rejecting her ...

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Oct 18 2013 (TRI)

R. Anoop and Others Vs. Bharath Sanchar Nigam Limited, Through the Cha ...

Court : Central Administrative Tribunal CAT Ernakulam

George Paracken, Judicial Member: The applicants have sought the following reliefs and interim relief in this Original Application :- Reliefs :- 1. To pass an order declaring that without making amendments in the recruitment rules and effecting modifications through circular taking away the right of the seniors and to include BSNL Executives to the post DR-DGM recruitment are bad in law and arbitrary. 2. To pass an order directing the respondents to consider all seniors/holders of higher posts as JTOs/SDEs including the applicants eligible for DR-DGM and to consider their appointments/recruitments as such provided they qualified in the examination in case of departure from the prevailing recruitment rules for the posts of DGM as sought to be done by resorting to the recruitment of DR-DGM. 3. To pass an order directing the respondents to postpone the selection process relating to the recruitment of DR-DGM till the recruitment rules are finalized in view of the anomaly in clause 3.3(1) a...

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Oct 14 2013 (TRI)

T.M. Divya Vs. Union of India Represented by the Secretary New Delhi a ...

Court : Central Administrative Tribunal CAT Ernakulam

Dr. K.B.S. Rajan, Judicial Member: 1. The applicant, daughter of deceased T.M. Madhusudanan, (who died, while working as Rigger at Material Organization in 2008) was afforded compassionate appointment vide Annexure A2 dated 15th October, 2012 read with Annexure A-3. Her case was considered for such compassionate appointment on the basis of the particulars furnished by her at the time of making the application in October, 2008 immediately after the demise of her father, in which the marital status of the applicant had been reflected as unmarried. The evaluation of applications for compassionate appointment took place on the basis of the prescribed norms by grant of points for various attributes, such as total number of family members, their marital status etc., and since initially she could not be accommodated immediately on her application, the appointment fructified in October, 2012 as stated above. By that time, her marital status changed and she has also a child. 2. Respondents have...

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Oct 14 2013 (TRI)

V. Suresh Kumar, Retired Superintendent of Police and Others Vs. Union ...

Court : Central Administrative Tribunal CAT Ernakulam

K. George Joseph, Administrative Member: 1. Having common facts and same legal issue involved in all these O.As, they were heard together and are disposed of by this common order. O.A. No. 750/2013 is taken as the representative O.A. 2. Brief facts of the above cases are as under. 3. All the applicants in these O.As were members of the Kerala Police Service and were eligible for consideration for appointment against 13 vacancies as on 01.01.2010 in the Indian Police Service of Kerala cadre. On attaining the age of superannuation of 56 years in Kerala Police Service, the applicant in O.A. No.750/2013 retired on 31.05.2012; the 1st and 2nd applicants in O.A. No.778/2013 retired on 30.04.2013 and 31.05.2013 respectively and the 1st, 2nd and the 3rd applicants in O.A. No. 744/2013 retired on 30.11.2012, 31.03.2011 and 31.07.2012 respectively. They were considered for appointment to the Indian Police Service in the meeting of the Selection Committee held on 21.12.2012. The Union Public Serv...

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