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Jan 03 2014 (TRI)

Kant Dubey, Lucknow Vs. Union of India Through the Secretary, New Delh ...

Court : Central Administrative Tribunal CAT Lucknow

Navneet Kumar, Member (J). 1. The Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking following main relief(s):- (i). quash the impugned order dated 1.8.2012 passed by the Opposite party no.3 as contained in Annexure no.1 to this Original Application. (ii). Direct the Opposite parties to allow the applicant to work on the post of Senior Peon/Senior Aadeshpal in the office of Opposite party no.5 and pay his salary regularly alongwith other consequential benefits each and every month when it falls due. (iii). (iv). 2. Originally, the applicant has been transferred from Lucknow to Gonda vide order dated 1.8.2012. Sri Praveen Kumar holding brief for Sri M.K. Singh counsel for the respondents submits that after the said transfer order, the respondents by means of subsequent order dated 24.7.2013 has cancelled the transfer order of the applicant and posted him at Polyclinic hospital, Aishbagh, Lucknow. According to the learned counsel for th...

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Jun 08 2007 (TRI)

Rajesh Mishra Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2008)1STJ219NULL

1. The Original Application bearing No. 193/2006 has been filed by the applicant Shri Rajesh Mishra (of the address given in the notice) against the action of the respondents by which they intend to reinitiate the process of promotion of the applicant to the post of Office Superintendent afresh when he has already been promoted on the aforesaid post on a regular basis vide order dated 28.7.2005.2. Brief facts of the case are that the applicant had been promoted in accordance with rules/instructions and is working on the post of Office Superintendent in the pay scale of Rs. 5500-9000 on a regular basis vide order dated 28.7.2005 and has been working on the aforesaid post since then. Despite this, respondents have again initiated the process of selection for promotion of the applicant to the same post again on the ground that the earlier order of promotion was unlawful and illegal.3. The applicant submits that the Central Board of Direct Taxes (CBDT) vide their circular dated 4.6.2001, ...

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May 10 2007 (TRI)

Ram Pher Singh Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2008)(2)SLJ238CAT

1. The O.A. bearing No. 480 of 1998 has been filed by the applicant Ram Pher Singh (of the address given in the notice) against order No.F-4/1/95-96/DP dated 1.4.97 passed by the Senior Superintendent of Post Offices, Pratapgarh imposing penalty of removal from service on the applicant, as well as against the appellate order No.Kshe.PO.All/Viz/3-6/97/1 dated 17.10.97 passed by the Director, Postal Services, Office of the PMG, Allahabad Circle, Allahabad, rejecting the appeal of the applicant.2. The brief facts of the case are, that the applicant was appointed on the post of Extra Departmental Branch Post Master (EDBPM) Sangrampur (Via Antu Pratapgarh) District-Sultanpur on 1.9.86 against a regular vacancy. According to the applicant his work and conduct was always satisfactory and he was never given any warning or Counseling indicating any lapse in his duties.3. That while working as EDBPM, Sangrampur, the respondents charged the applicant with committing fraud in various accounts to ...

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Feb 22 2007 (TRI)

Jawahir Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2007)(3)SLJ358CAT

1. O.A. 604/2001 has been filed by the applicant Jawahir (address given in the notice) against the order of his removal from service dated 15.11.97 passed by Assistant Engineer-1st, Northern Railway Charbagh, Running Shed Lucknow.2. Brief facts of the case are that the applicant was appointed as a Gang Man on 15.12.1977 by Divisional Regional Manager, Hazratganj Lucknow after passing trade tests as prescribed under the rules. On one afternoon, when the applicant was discharging his duties under an open sky, he fell a victim to the scorching rays of the sun as a result of which he suffered a serious stroke of a mental ailment known as 'Psychosis' in medical terminology. As a result of this deterioration in his mental condition, the applicant suddenly left his house in the night of 28.7.1992 and reached Ranchi possibly with the objective of treatment of his mental ailment in a reputed mental Hospital, located there. While he was wandering on the streets of the city some people took pity...

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Feb 22 2007 (TRI)

Ripu Daman Verma Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2007)(3)SLJ346CAT

1. The Original Application 469 of 1998 has been filed by the applicant Dipu Daman Verma (address given in the O.A.) against the action of the respondents in not counting his seniority as on the date of initial appointment i.e. 14.2.1969 to the post of Junior Medical Officer, Post and Telegraph on ad hoc basis but w.e.f. 10.3.1972 when he was appointed on selection to the post on a regular basis in accordance with rules, basis on the recommendations of Union Public Service Commission as provided under rules.2. Brief facts of the case are that the applicant was appointed on the post of Junior Medical Officer by the P&T Board, Govt. of India, vide notification dated 10.7.1969 on purely temporary and ad hoc basis. The applicant was subsequently regularized on the basis of the recommendation of the UPSC vide their letter No. E-1/6089117) 71 RD dated 10.3.72, he was accordingly posted as Medical Officer (General Duty Officer II) of Central Health Services from 10.3,1972 on regular basi...

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Feb 22 2007 (TRI)

Chandra Nigam (Mrs.) Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2008)(2)SLJ82CAT

1. Original Application No. 519 of 2005 has been filed by the applicant Mrs. Chandra Nigam (address given in the O. A.) against non-consideration of her case for promotion to the Indian Administrative Service (I. A.S.) Cadre for which, according to her she was suitable to be considered.2. The applicant submits that after having been declared successful in the U.P. Civil Service (Executive Branch) Examinations conducted by the U.P. Public Service Commission in the year 1973, she was appointed as Dy. Collector (Trainee) and posted at Allahabad vide order dated 15.5.1974 and she remained posted their upto 15.7.1978. She was confirmed in the Provincial Civil Service w.e.f. 1.7.1976 vide order dated 1.7.1976 of the State Government. Thereafter, the applicant was transferred and posted in different capacities such as Dy.Administrator, Khadi and Village Industry Board, Secretary/Additional Secretary, Kanpur Development Authority, Additional District Magistrate, Kanpur, General Manager, Handl...

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Feb 08 2007 (TRI)

S.K. Gupta and ors. Vs. Secretary, Railway Board and anr.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2008)(2)SLJ172CAT

1. O.A. No. 245/2006 has been filed by Sri S.K. Gupta and 3 others against the order dated 7.2.2006 passed by respondent No. 2, namely, Director General, RDSO, Manak Nagar, Lucknow rejecting their prayer for grant of promotion to them to the post of Dy. Director (M&C). The applicants have claimed the following reliefs in the O.A. that respondents be directed: (i) to promote the applicants to the next higher post of Dy. Director (M&C) with all consequential benefits, including seniority w.e.f. 1.1.96 on the post of Assistant Research Officer in the grade of Rs. 7500-12000 to them. (ii) to consider their case for promotion to the post on the basis of existing R&P Rules with all consequential benefits. (iii) to grant any other relief which this Hon'ble Tribunal deems just and proper in the circumstances of the case.2. The short points involved in the O.A. are:-(i) whether the applicants are entitled to seniority w.e.f. 1.1.96 or w.e.f. 23.7.2001 as assigned to them by the res...

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Jan 08 2007 (TRI)

D.N. Barman and ors. Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2008)(1)SLJ168CAT

1. Original Application No. 275 of 2005 have been filed by the applicants Mr. D.N. Barman and 09 others (in all 10) against the order No. M&C/Admn./1/30 dated 1.4.2005 by their request for consideration of their case for promotion to the post of Dy. Director (M&C/CMT) in relaxation of qualification of Engineering/Technology degree as provided in 1985 Rules has been rejected by the respondents.2. Brief facts of the case are that there are two disciplines namely Metallurgical and Chemical in the Metallurgical and Chemical directorate (M&C) of Research, Design and Standards Organization (RDSO) in the Ministry of Railways. The staffs of two disciplines consist of Junior Research Assistant (JRA), Senior Research Assistant (SRA) and Chief Research Assistant (CRA) (CRA is non-existent in Gr. 'C category w.e.f. 23.7.2001). There is a posting of Assistant Research Officer (ARO) in Group 'B' category. The posts in Group 'A' category include Dy. Director, Joint Director, Additional D...

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May 19 2006 (TRI)

R.D. Srivastava Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2007)(1)SLJ1CAT

1. O.A. bearing No. 252 of 2005 has been filed by the applicant, R.D.Srivastava (of the address given in the notice) against chargesheet, issued to him, by the respondents vide memo dated 27.4.2005. Applicant vide this O.A., has challenged the validity of the aforesaid memorandum of charges.2. Brief facts of the case are that the applicant after joining Military Engineering Services was posted as Garrison Engineer (Electrical and Mechanical), Kheria Agra Air Force Station in September, 1998. Applicant was granted selection grade to the post of Executive Engineer in the year 2001. A memorandum of charge was issued to him on 27.4.2005 under Rule 16 of the C.C.S. (CCA.) Rules, 1965. The charges levelled in the memorandum relate to supply order issued to Krishna Engineering Works, Agra Cantt, Agra and M/s. S.M. Construction, Agra Cantt, Agra. It is alleged therein that orders for purchase of Ball Bearings were placed with the aforesaid firms on freakishly high rates. It has also been alle...

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Jan 27 2006 (TRI)

Dr. Bhushan Lal Kaul Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Lucknow

Reported in : (2007)(1)SLJ253CAT

1. The applicant an aspirant to the post of Deputy Director General (Pay scale, of Rs. 18,400-22,400) is aggrieved over his having been superseded in the selection held in December 2004. The ground for challenge inter-alia includes malafide alleged against respondent No.4. and hence the applicant has impleaded the said respondent No. 4 as well as respondent No. 5 who happens to be junior to the applicant in the feeder grade.2. Briefly stated, the applicant joined the post of Geologist Junior in the respondents organization in 1971 and by successive promotion, he come up the level of Director (Geologist) (Senior Grade), in the pay scale of Rs. 14300-18300 by order dated 21.8.2001. The next promotion in the ladder of promotion is Deputy Director General carrying the pay scale of Rs. 18400-22400. The D.P.C. met in December 2004 for considering eligible officers in the feeder cadre to the aforesaid post, one of whom was the applicant. However, apprehending that the applicant would be deni...

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