Post covers Promotion Proposal UPSC CAT Tribunal Case wherein court ordered opinion of legal department be pursued. Rules of the promotions in UPSC There are rules and protocols that are to be followed by every department. Rules of promotions are no exceptions. Article 309 of The Indian Constitution empowers the Centre and State government to … Read more
The Post covers Limitation Rule CAT Tribunal Chandigarh Bench wherein the condonation of delay application dismissed as per rule. Limitation Period The literal meaning of the term ‘Limitation’ is a restriction or the rule or circumstances which are limited. In legal terms, there is a limit to filling a litigation and once should be vigilant … Read more
The post covers Res Judicata in CAT Tribunal Chandigarh Case wherein OA was dismissed on the ground of delay and laches, & res-judicata as well. The application was filed for upgradation of pay. Topic- RES JUDICATA U/S 21 ATA, 1985 Judgement Digest: Dilbagh Singh vs. Union of India & Ors. Case Briefing: Applicant had been … Read more
HOUSE ACCOMODATION CASE CHANDIGARH CAT TRIBUNAL finds no reason for interfering in the executive order cancelling her Government accommodation. PRITI MALHOTRA v. ADMINISTRATOR AND ORS. The post discusses the original petition filed by the applicant, Priti Malhotra, before the Central Administrative Tribunal, seeking to quash the impugned order dated 26.05.2020, 28.05.2020 and 04.08.02020, where the … Read more
Benefit of notional increment purely for pensionary purpose and no other benefit. IB Notional Increment 23.9,2020 after retirement The case study is regarding the large number of cases of notional increment for pensionary benefits to those Central government servants who have retired on 30th June. The case of P. Ayyamperumal Vs Registrar played an important … Read more
TOPIC- Retiral Dues (Sham Singh v. Govt. Of India through Secretary) Through this analysis, the author will try to understand the power of the court with respect to issuing orders guiding the functioning of other authorities. This analysis will provide an in-depth assimilation of the extent of the power the courts enjoy in such cases. … Read more
Family Pension Case CAT Tribunal Chandigarh wherein applicant seeks similar relief in terms of Principal Bench of C.A.T titles Renu Gupta v. UOI etc. decided on 10/09/2018. YOGESH DEVI v. UNION OF INDIA AND ORS. APPLICANT: Yogesh Devi W/o Om Parkash aged 57 years, R/o House No. 491, Sector 29-A, Chandigarh-160030, Group-C. RESPONDENT: Union of … Read more
Release of Retiral Benefits IAS CAT Tribunal Chandigarh Case wherein it was withheld lieu of pending chargesheet inquiry against the officer. Guidance of the Court (Sukhjit Singh Bains, IAS (Retd.) v. Union of India) Through this analysis, the author will try to understand the power of the court with respect to issuing orders guiding the … Read more
The applicants were the aspirant of the B.Sc. Nursing and wanted to take admission in NINE. As per the advertisement by the respondent regarding the Nursing Officer, they were appointed by back door and not by open competition which is illegal. The applicant sought the complaint that the Fundamental Rights of the applicant. The respondent’s … Read more
This post is a case digest on the topic of Can Appointment Notification Change after Advertisement before CAT Tribunal wherein the appointment qualifications were changed subsequently by the government. The petitioner requested to quash the notification since in view of a new notification by central government. The court dismissed this plea where petitioners seek parity … Read more
This post is a case digest against Financial Upgradation Case against Ministry of Defence in CAT Tribunal wherein he sought grant of different grade pay from what he was getting which was dismissed by the CAT Tribunal. The respondent defence was that pay scale would not be given to the applicant as in MACP Scheme … Read more
This is a case digest where Punishment of Recovery of Fine is Challenged in CAT Tribunal wherein the appeal before the Appellate Authority stands dismissed by department and applicant moved to Central Administrative Tribunal (CAT) Bench for quashing of orders. Petitioner worked in Indian Postal Department popularly known as India Post as LDC (Lower Division … Read more
The present case talks about MACP scheme that allows three financial upgradations in the career of a Central Government Employee. Counting for upgradation under MACPS starts from the direct entry grade on completion of 10,20, 30 years services respectively. Under the Modified Assured Career Progression (MACP) Scheme, three Financial Up-gradations are allowed on completion of … Read more
This post is a case digest on Removal From Service Challenged in High Court after CAT Tribunal maintained the order of termination from services. The petitioner cannot be regularized or reinstated in the government due to his age. High Court held that the Maharashtra Administrative Tribunal has erred in holding that the impugned order does … Read more
This post is a case digest on the issue of MACP CAT Tribunal Bench Case Legal Advice whether the benefits under MACP Scheme would only be available to the applicants in the next higher Grade Pay in heirarachy of pay scales/grade pay of 6th CPC Pay Scale/Grade Pay and or in the heirararchy of Pay … Read more
Armed Forces Tribunal (AFT Chandigarh/Chandimandir Disability Pension benefits covered with Virender Singh HNS II, Balbir Singh Turn, Dharamvir Sukhwinder Singh, Ex Sapper Mohinder Singh, Ram Avtar, 2nd Spell of DSC Services, Court Martial, Promotion ACR MS, etc. ), Central Administrative Tribunal (CAT Chandigarh Promotion, Selection, Pay scales, Disciplinary proceeding, Transfer, Adverse remarks, Revival of Contempt … Read more
Reservation in Promotion hinges on three factors, inadequacy of representation, backwardness and the impact on overall efficiency before making reservations in promotions. Recently the Supreme Court (SC) settled the controversy surrounding Reservation in Promotion in Jarnail Singh & Ors vs. Lacchmi Narain Gupta & Ors , SLP (C) 30621/2011 decided on 26.09.2019. It held: That a progression … Read more
The CAT has issued notice to Chandigarh police to defer proceedings on a sexual harassment case against a traffic DSP, after he had moved to CAT seeking the same. Sondhi was a traffic DSP and he was alleged by a woman officer that he sexually harassed her by demanding her to accompany him in his … Read more
Government employees can claim pension only if they have completed a minimum of 20 years of service, the Central Administrative Tribunal (CAT) has held. Qualifying service is essential for a government servant to claim pension as there is no relaxation permissible,” the CAT, headed by Vice Chairman M Ramachandran, said. The Tribunal passed the order … Read more
Being an advocate myself, I wonder at times, what sorts of matter would come to this court and why? But now with passage of time, I just know it which matter would be in High Court Punjab and Haryana and which will be before Central Administrative Tribunal Chandigarh. Central Administrative Tribunal (CAT) was established to … Read more
It was a huge sigh of relief for 344 affected teachers when Central Administrative Tribunal Chandigarh stayed the termination of services of Junior Basic Training (JBT) teachers in Chandigarh. Facts of the case: 1 Advertisement for 489 JBT teachers. 2 Recruitment process in 2015 3 JBT paper leak scam hit the fore as there were … Read more
Applicants who were 10 in number were initially recruited as Inspectors through Combined Graduate Level Examination and joined different regions between 2011 & 2013.Later these 10 individuals applied for inter-charge transfer ( ICT) to chief commissioner of income tax Chandigarh in north west region on different dates as per circular dated May 14, 1990. Competent … Read more
IAS (Appointment by Promotion ) Regulation Act 1955 and IAS cadre rule 1954 are the applicable rules and regulations. CAT Tribunal is entrusted with dealing service matters of government employees. The state cadre employee once finishes 20 years can be elligible for IAS Cadre of the state for vacancies arising in the present year. The … Read more
Service matters are complicated and it is difficult to pursue strict compliance of rules and regulations wheresoever meritorious is to be promoted above hierarchy. In these situations often discretion is exercised that becomes suits in court which is the prime cause for rising disputes at workplace. What should be your first step in these service … Read more
Post Covers Service Extension Chandigarh CAT Bench Case wherein employee denied benefit as lapse of 2 years occurred but allowed to avail other remedy consequential benefits. BENEFIT OF EXTENSION IN SERVICE DENIED AFTER EXPIRY OF 2 YEARS TIME PERIOD Judgement Digest: Gulshan Kumar Versus Chandigarh Administration and others. Also Read- Extension in Service Case High … Read more
Post covers grant the benefit of 3rd ACP to the applicant in the grade pay of Rs.3000/- on completion of 14 years of regular service. Grant 3rd ACP Chandigarh CAT Bench Tribunal Case. Now let’s have the case. Also Read- Service Matter Related MACP Scheme Legal Advice FACTS OF THE CASE: The applicant works as … Read more
The post talks about Review Application Chandigarh Central Administrative Tribunal in line with case of Shiva Kant Jha v. UOI. CAT REVIEW ACCOUNT GENERAL PUNJAB RAJE RAM LAMBA v. UNION OF INDIA & ANR. In this post, the topic is discussion is related to a review application that was filed by the applicant to review … Read more
Education Tribunal Bill to Adjudicate Disputes in Education Sector In this post we will discuss about a recently introduced as Bill seeking to reform the higher education sector in the country, this Bill establishes Educational Tribunals at the national and state levels to expedite adjudication of disputes in the education sector Educational Tribunal Today we are … Read more
In this post we will discuss about appointment of pgt teachers and the requirements to be as considered as a PGT teacher. Judgment Digest: Sanjay Dabas v. State of Haryana and Others This report looks into a judgment of The Punjab and Haryana High Court on the order of a District Judge who, acting in … Read more
Punjab and Haryana High Court upholding the decision of Punjab Educationl Tribunal. The petitioner argued that the dismissal of the petitioner was illegal because it was based merely on the assumption that the petitioner was a whistle-blower as his name had incidentally appeared in an article highlighting the plight of the Lecturers.The court, however, rejected … Read more
UNITED BANK OF INDIA/ Financial Creditor filed this application to adjudicating authority under Section 7 of Insolvency & Bankruptcy Code read with Rule 4 of Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016, for Initiating Corporate Insolvency Resolution Process (CIRP) as against M/s. Jotisriram Himaghar Private Limited/ Corporate Debtor. FACTS OF THE CASE: … Read more
A claim for disability arises only if a person is invalided out of service because of his disability which is accepted as attributable or aggravated by his military service. any disability sustained during military service will be attributed to service conditions unless the disability was such that the disease could not have been detected on … Read more
This is case digest on Judgment of Punjab Education Tribunal challenged before Punjab and Haryana High Court at Chandigarh wherein the proposal of management to dismiss was rejected by the Director Higher Education and same was upheld by the Education Tribunal Punjab at Mohali. Now the college management went in writ petition before high court … Read more
The present case is a case digest on topic of Seniority where law is settled the seniority has to be reckoned from the date of promotion or appointment to a service and retrospective seniority from the date of occurrence of vacancy is not permissible unless the Recruitment Rules specifically provide for it. The court ordered … Read more
As per Supreme Court decision in TMA Pai’ Foundation & Ors vs. State of Karnataka in 2003, the court ordered to set up an Educational Tribunal in each district of a State. The Punjab Privately Managed Recognized Schools Employers (Security of Service) Act, 1979 has been amended by Punjab Government to bring Private unaided Schools … Read more
Armed Forces Tribunal Act 2007 led to the formation of AFT Tribunals akin Military Tribunals across the country. It is deemed to be a criminal court for the sections of IPC and Chapter 26 of CrPC 1973.The idea behind formation of AFT Tribunals was to provide quick resolutions to service matters and disciplinary proceedings to … Read more
Union Public Service Commission (UPSC) conducts review departmental promotion committee (DPC) in case of promotions to IAS (Indian Administrative Services) cadre for PCS (Punjab civil services) & HCS (Haryana Civil Services). First know about Central Administrative Tribunal or better known as CAT Tribunal Chandigarh. These promotions are done usually against the vacancies from the state civil … Read more
Indian Constitution vide provisions Article 323 A and 323 B have provisions for formation of tribunals for specific reasons and work. The cases usually are filed by the staff members of Employer who is under the aid of Government of India. Using the powers of Article 323 A , government passed Administrative Tribunals Act 1985 … Read more
Case pertains to transfer policy pursuant to the direction of the Supreme Court in the case of T.S.R. Subrmanian & Ors. v. UOI & Ors in Challenge. Transfer Challenged in MOD Chandigarh CAT Bench In this post we will be discussing about the 10 OA’s that have been filed before the Central Administrative Tribunal, Chandigarh … Read more
Limitation basically means a prescribed period under which a person should file his litigation. In India, The Limitation Act, 1963 is the act which governs the time period in which a litigation should be instituted and a legal remedy can be obtained. The Condonation of Delay, prescribed under Section 5, means the sufficient cause in … Read more
This post covers RERA Appellate Tribunal Himachal Pradesh at Chandigarh where appeals from Real Estate Regulatory Authority (HPRERA) Shimla are being heard. The new website link of Himachal Pradesh RERA Authority is this one- https://hprera.nic.in/ The old one is just here for reference- http://www.hprera.in/WebSite/Home Therefore, under Section 43(4) of Real Estate (Regulation & Development) Act, … Read more
Post is about issue of Overtime in Indian Railways wherein OA preferred before CAT Chandigarh Bench & legal representation to be decided. Overtime Indian Railways Case Chandigarh CAT Bench Now let’s have the Judgment – Judgment digest Central Administrative Tribunal Chandigarh Bench Date of Decision – 5th March, 2021 Complainant: Joginder Lal, aged about 58 … Read more
Today I am here to share list of top/best judgement finder websites where you can find most popular court rulings for free. Fee legal Advice online at 99888-17966. Be it litigants, law students or lawyers/advocates, these are sheer resources. One may know a lot about the scope of their case may by just reading latest … Read more
Post covers MES CAT Compassionate Appointment Case wherein court ordered to decide representation vide speaking order. Compassionate Appointment Case Chandigarh CAT Tribunal Applicant: Suraj Pal S/o Late Sh. Surinder Pal, aged 36 years, R/o H. No. 107, Preet Colony, Village-Jandali PO-Model Town, Ambala City – 134003 (UID No. 9201-2062-9822) Respondents : Union of India through … Read more
Post covers CAT Review Petition Chandigarh Bench Legal Advice. Case decided on basis of STATE OF WEST BENGAL AND OTHERS VS. KAMAL SENGUPTA AND ANOTHER judgment. Principles of REVIEW Application Before CAT Tribunal Chandigarh INTRODUCTION In India, there are three tiers Judiciary i.e. District Courts, High Courts and hon’ble Supreme Court of India. The appeal, … Read more
This post is a summary of judgment wherein the applicant applied for the last spell of study leave from 25.02.2021 to 24.08.2021 to complete his Ph.D. In this regard, the applicant has made multiple representations. The Court held, “I direct Respondent No. 2 to consider and decide the representations of the applicant regarding grant of study … Read more
Post Covers Extension of Benefit as per Bishamber Dayal High Court Chandigarh Case for grant of minimum basic pay of Group D post on completion of 20 years. Judgement Digest: Surinder Kumar S/o Sh. Hans Raj, aged 45 years, working as Sweeper (Part Time) vs. Union of India & Ors. Case Briefing: The present O.A. has … Read more
Removal from Service ESIC CAT Bench Chandigarh wherein Court did not find the punishment disproportionate to charges levelled. Judgment digest CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH O.A.NO.060/00175/2020 Decided on: 24.02.2020 Also Read- CPWD Regularization Case CAT Chandigarh Bench Applicant: Santosh Kumar (Ex. UDC) (ID-145470), aged about 35 years, son of Shri Yudubir Prasad, resident of Laxmi … Read more
Post covers Restructuring Cadre PGIMER CAT Chandigarh Case to grant the relevant benefit of the recommendations of the Coordination Committee. COMPLAINT AGAINST PGIMER The applicants have sought issuance of a direction to the respondents to implement the recommendations of the Coordination Committee for restructuring of cadre of Occupational Therapist, to which the applicants belong. Also … Read more
Post covers MOD CAT Chandigarh Bench Transfer Case wherein direction by the Supreme Court in the case of T.S.R. Subrmanian & Ors. Vs. UOI & Ors., 2014 (1) SCT 255 Transfer policy to be considered. Case Name- Satish Kumar Vs. UOI & Ors. Also Read- CAT stays order on MES cadre review – Tribune India … Read more
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