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Aug 07 2009 (TRI)

Ch. Venkata Naidu, S/O. Late Challa Kondaiah Vs. the Principal Directo ...

Court : Central Administrative Tribunal CAT Hyderabad

ORAL ORDER (As per Hon'ble Mr. Justice P. Lakshmana Reddy, Vice-Chairman) Heard Mr. J.M. Naidu, learned counsel for the applicant and Mrs. N. Shakti, learned standing counsel for the respondents. 2. This application is filed aggrieved by the rejection of the claim of the applicant for change of his date of birth from 15.02.1950 to 21.07.1951 which is communicated through proceedings dated 12.02.2008 which is received by the applicant on 25.02.2008. The applicant sought for a declaration that the said rejection is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and also for a consequential direction to the respondents to continue the applicant in the service duly taking into consideration the correct date of birth as 21.07.1951. 3. The relevant facts in brief are as follows: The applicant was appointed as Auditor in the Respondents railways on 31.10.1972 and he was promoted as Senior Auditor in the year 1984. Thereafter, he earned several promotion...

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Aug 06 2009 (TRI)

Shri K.Premchand Vs. Union of India Represented by the General Manager ...

Court : Central Administrative Tribunal CAT Hyderabad

(PER HON'BLE SHRI HRIDAY NARAIN, MEMBER (ADMN.) The present OA has been filed against non extending the benefit of promotion to the applicant to the grades of Rs.5500-9000 and Rs.6500-10500 from the dates his juniors were promoted to the said grades. The facts as stated in the OA are as under:- 2. The applicant, while working as Assistant Station Master at Shankarapalli Railway Station in Secunderabad Division of South Central Railway, was issued with a major penalty charge Memorandum dated 31.10.1981 and he was kept under suspension from 10.4.1981 to 23.8.1990. The impugned actions of the Respondents against the applicant in relation to the said suspension and the disciplinary proceedings have been examined by the Central Administrative Tribunal, Hyderabad Bench culminating in treating the penalty finally imposed on the applicant as a minor penalty, resulting in regularisation of suspension period. During the course of the said disciplinary proceedings, i.e., after initial imposition ...

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Aug 06 2009 (TRI)

N. Parashuram Vs. the Director General, Geological Survey of India and ...

Court : Central Administrative Tribunal CAT Hyderabad

ORAL ORDER (As per Hon'ble Mrs. Bharati Ray, Member (Juld.) ) Heard Mr. R. Yogender Singh, learned counsel for the applicant and Mr. K. Siva Reddy, learned standing counsel for the respondents. 2. This application has been filed seeking the following relief: “...to call for the records pertaining to the charge sheet bearing No. 466/C- 13013/2/NP/SR/2009-Vig. Dated 23.3.2009 of the 1st respondent, holding that the charges levelled against him are not involved with any misconduct under the service rules and to set aside the same; and consequently to direct the respondents to release his retirement benefits and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. It is the case of the applicant that during January 2009 a criminal case was filed by the daughter-in-law of the applicant, in pursuance of which the applicant was detained in police custody from 11.1.2009 to 18.01.2009 and he was released on bail on 1...

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Aug 05 2009 (TRI)

Shri K.N.V.L. Narasimham Vs. Central Board of Direct Taxes, Represente ...

Court : Central Administrative Tribunal CAT Hyderabad

(PER HON'BLE SHRI HRIDAY NARAIN, MEMBER (ADMN.) The present OA has been filed by the applicant against his non promotion to the post of Income Tax Inspector with effect from the date he was entitled. 2. The applicant had filed M.A.No.294/2007 seeking for publication of his result, and the said M.A was closed, vide order dated 10.9.2007, observing that the pendency of this OA does not in any way prevent the respondents from publishing the results. However, it was made clear that the publication of results would be subject to the ultimate result of the present OA. 3. The applicant was appointed as LDC in the year 1985. Later, he was appointed as Data Entry Operator in 1989 and was designated as Data Entry Operator Gr.'B'. 4. Pursuant to the restructuring of the cadres of the Department in the year 2001, the applicant was promoted/re-designated as Senior Tax Assistant. The applicant had applied for the Departmental Examination for Income Tax Inspectors held in January 2002 and he was a...

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Aug 05 2009 (TRI)

Christopher Mascrene Vs. Union of India, Represented by the Secretary ...

Court : Central Administrative Tribunal CAT Hyderabad

(Per Hon'ble Mrs. Bharati Ray, Member (J) This application has been filed by the applicant seeking for the following relief : To call for the records pertaining to the inter-railway mutual transfer of the applicant and that of the 10th respondent with 9th respondent from Guntakal Division of South Central Railway to the Madurai Division of Southern Railway and declare that the mutual transfer agreed to between the 9th and 10th respondents as illegal and void and direct the respondents to effect the mutual transfer of the applicant with the 9th respondent and grant all consequential benefits. 2. It is the case of the applicant that he was appointed as Diesel Assistant on 05-10-2001 and on completion of training he was posted as Assistant Loco Pilot at Nandalur on 07-04-2002. The General Manager, Southern Railway, Chennai, respondent No.3 herein intimated the General Manager, South Central Railway, Secunderabad respondent no.2 herein vide letter dated 22-06-2005 that one Shri Kommuri S...

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Aug 03 2009 (TRI)

Sri B. Madhusudan Vs. the Comptroller and Auditor General of India and ...

Court : Central Administrative Tribunal CAT Hyderabad

(Per Hon'ble Mrs. Bharati Ray, Member (J) This application has been filed by the applicant questioning the order dated 08-12-2008 of 4th respondent whereby the applicant has been transferred from Hyderabad to Gwalior with immediate effect. 2. The applicant who is appearing in person submitted that he has been transferred with malafide intention to harass him. It is also the contention of the applicant that he was subjected to frequent transfers, as a result of which the education of his children have been affected and that he also finds it difficult to perform his duties as he is always under the fear of transfer. Applicant has also pleaded malafide against 5th respondent who has been made party by name. He has also made 4th respondent as official respondent. 3. It is the contention of the applicant that whenever the applicant's promotion was due the Reviewing Officer had given adverse remarks to him in his ACR which on his representation was subsequently expunged as a result of whic...

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Aug 03 2009 (TRI)

Shri V.V. Narsimha Rao and Others Vs. Union of India Represented by It ...

Court : Central Administrative Tribunal CAT Hyderabad

(PER HON'BLE SHRI HRIDAY NARAIN, MEMBER (ADMN.) The present OA has been filed against non showing of the applicants at appropriate places in the integrated seniority list of the merged cadre viz., Station Master/Assistant Station Master by taking into account the non fortuitous regular service rendered by them in the grade of Rs.1400-2300/Rs.5000-8000 prior to appointment in the grade of Jr.DTI in the scale of Rs.5000-8000. 2. The applicants had filed Condone Delay petition in M.A.No.502/2006 which was allowed vide order dated 29.12.2006. The applicants have subsequently filed M.A.No.263/08 seeking permission to implead the Respondents 5 and 6 in the OA. The said M.A.No.263/2008 has been allowed vide Tribunal's Order dated 29.8.2008 and the respondents 5 and 6 were impleaded as parties to the present OA. The OA was admitted on 29.12.2006. 3. The brief facts of the case, as stated by the applicants, are that the applicants 1 to 5, while working in different cadres as Station Masters/As...

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Aug 03 2009 (TRI)

Smt. Meerabai Vs. the Deputy Chief Mechanical Engineer, Lallaguda and ...

Court : Central Administrative Tribunal CAT Hyderabad

This application is filed seeking declaration that the applicant is entitled for sanction of compassionate pension due to her husband during his life time, i.e from the date of removal of her husband from service to the date of his death under: Rule 65 of Railway Services (Pension) Rules, 1993 and also for family pension to the applicant from the date of death of her husband. 2. The relevant facts in brief are as follows: The applicant's husband, late Rama Rao was appointed in the Workshop on .8.1955. However, due to his ill health, he was not regularly attending to his duties which resulted in his removal from service by order dated 5.2.1980 issued by the Works Manager, Office of Dy CME Lallaguda, Hyderabad. According to the applicant, her husband was suffering from Paralysis and ultimately died on 7.11.1992 leaving behind her and her two daughters. Even before removal of her husband he was not keeping good health and was undergoing constant treatment till his death on 7.11.1992. The...

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Jul 31 2009 (TRI)

Shri N. Shankar Prasad Vs. Union of India Represented by the General M ...

Court : Central Administrative Tribunal CAT Hyderabad

(PER HON'BLE SHRI HRIDAY NARAIN, MEMBER (ADMN.) The present OA has been filed against the impugned order dated 10.7.2007 of penalty of reduction of pay by one stage i.e, from Rs.6800/- to Rs.6650/- in scale Rs.5000-8000 RS(RP) for a period of one year (Recurring) passed by the disciplinary authority, as confirmed by the appellate and revisionary authorities. 2. The applicant, while working as Senior Clerk in the office of the 3rd respondent, was nominated as Invigilator for the written test held on 19.10.2003 in the Railway Junior College, Vijayawada, along with other staff in connection with the selection for the posts of Ticket Collector. Subsequent to conducting of the written test, the Vigilance authorities of South Central Railway had verified the selection process. In order to verify the performance of the candidates, the vigilance authorities had quizzed certain candidates. Thereupon, the vigilance authorities summoned the applicant and his statement was also recorded. The appli...

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Jul 30 2009 (TRI)

All India Naval Technical Supervisors Staff Association, Rep. by Its S ...

Court : Central Administrative Tribunal CAT Hyderabad

ORAL ORDER (As per Hon'ble Mr. Justice P. Lakshmana Reddy, Vice-Chairman) Heard Mr. Ch. Sudhakar Babu, learned counsel for the applicants and and Mr. G. Jaya Prakash Babu, learned Senior Central Government Standing Counsel for the respondent No.2 and Mr. D.Y. Setty, learned standing counsel for State of andhra Pradesh. 2. This application is filed seeking for the following reliefs:- “a) declare the impugned action of the respondents in deducting the Professional Tax from the pay and allowances of the members if the Applicants union under the provisions of A.P. Tax on Professions, Trades, Callings and Employment Act, 1987 and the rules made thereunder herein as illegal, arbitrary and against the principles of natural justice apart from violative of fundamental rights guaranteed under Article 14 of the Constitution of India. b) Consequently, direct the respondents to forthwith exempt the members of the Applicants Union from the provisions of the A.P. Tax on Professions, Trades, C...

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