INTRO: Seniority list of chief engineers working in the irrigation and water resources department Haryana has come under the scanner of Punjab and Haryana high court, which has issued notice to the state government asking as to why stay should not be granted. The Haryana government as well as the three other officers, including Birender … 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
This is a post on judgment wherein the appeal against CAT order was preferred in Punjab Haryana High Court Chandigarh against the seniority fixed by the department in compliance of CAT Tribunal Chandigarh’s order. But in contempt proceedings, the appellants were aggrieved with the compliance of order in a different manner than it ought to … Read more
The post pertains to issue of Fixation of inter se seniority between Direct Recruits (DR) and Promotee (PR) Inspectors of Income tax in various charges of the Income tax Department. It is hereby clarified that while the inter-se seniority of direct recruits and promotees is to be fixed on the basis of the rotation of … Read more
In yet another path breaking judgement by Central Administrative Tribunal, in short CAT Chandigarh, seniority benefits has been granted to applicant from date of joining. … 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
CAT Chandigarh RAILWAY Compassionate APPOINMENT CASE wherein medical examination, the applicant was declared medically unfit due to low vision. Also Read- PGIMER NURSING OFFICER CASE CAT Tribunal Chandigarh FACTS OF THE CASE The applicant’s father who was a loco-pilot Gr.I in the respondents office expired in August 2019 while in service. Thereafter, the applicant applied … Read more
In this post we will discuss about High Court Appeal against order of Labour Court wherein it was held that the appellant Ishwar Singh was liable for dismissal and the fact that the driver Mahavir Singh was put on a lower pay scale and ordered for the recovery of 100 litres of petrol which was … Read more
This is a case digest of judgment where Punjab Government preferred appeal against the order of single judge of Punjab Haryana High Court Chandigarh for Stepping up of Pay wherein the writ petition was already allowed. The LPA got dismissed from the division bench of Punjab Haryana High Court Chandigarh being devoid of merit. The … Read more
This case digest discusses interpretation of tax statutes wherein two different interpretations are possible, the one favouring the assessee should be preferred. Herein this case the assessee prayed the interpretation of fruit drinks under different heads as contemplated by the government. The court favoured the assessee in clearing the difference of definitions between the fruit … Read more
VRS refers to a scheme of an option given by the organization to its employees to retire before superannuation (i.e., before the actual date of retirement) in exchange for additional severance payment and benefits.It is a method used by companies to reduce surplus staff. This mode has come about in India as labour laws do … Read more
This post is a judgment digest selection process of Physical Training Instructor before Supreme Court wherein the orders of High Court Chandigarh single judge bench and division bench were in consideration before the hon’ble court. The Hon’ble Supreme Court cited the difference between ‘Malice in Fact’ & ‘Malice in Law’ through this judgment. The Punjab … 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
This case covers service matter topic Regularization Case in Punjab Haryana High Court Chandigarh where the respondents were ordered to regularize in their jobs immediately and also will be fully entitled to the perks of their new posting. Through this post, we will make out that the right to regularization of a government job can … Read more
This is a judgment digest on the topic of MACP explaining what needs to be considered while granting the benefit of MACP to the individual and how it will be given as per settled law on the topic. Whether MACP Scheme entitles financial upgradation to the next grade pay or to the grade pay of … 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
Suspension from government job is different from getting fired from a private job. Suspension can be defined as temporary withdrawal of duties from a government servant, pending inquiry into his conduct, with simultaneous reduction in pay and withdrawal of some rights and privileges. The related rules are laid down in The Central Civil Services (Classification, … Read more
Now that Supreme Court has refused centre’s appeal to reconsider its own order of 2006 on SC/ST job promotion to 7-judge bench, there is hardly any confusion left. Supreme Court has made it clear that reservation in promotions is discretionary not compulsory/mandatory. But the judgment has left away with the need of states to collect … Read more
In an effort to enable a safe and inclusive workplace for women, the sexual harassment of women at workplace (prevention, prohibition and Redressal) act, 2013 and the rules therein were implemented. Since the POSH laws are meant to protect every possible working women and give her the means to seek redressal on issues of workplace … Read more
Sanction means authoritative permission. Officials are appointed either on substantive , temporary or officiating basis. Government posts may be permanent or temporary but they are sanctioned . There are sanctioned posts which may be on temporary basis but they can become permanent depending upon the requirement of the post , thus a person can be … Read more
Government job/service India is highly hailed, revered and glorified for its stability as no one can just throw you out from job without conducting proper departmental inquiry in sync with the service rules and procedures being adopted by the government organisation, department or cooperation. The same goes for banks, government institutions, school , colleges, hospitals … Read more
An Overview on Assured Career progression Scheme: When ACP (Assured Career Progression Scheme) was implemented vide Office Memorandum NO. 35034/1/97-Estt(D) dated 09.08.1999, it was not made applicable to Central Government Employees in Group “A” Services. In respect of Central Government Employees in Group B, Group C and Group D Cadres, two financial up gradation were … Read more
In India, Government employees are considered as people who are leading the lifestyle of a king. But, in reality, they do suffer a lot of problems in the course of their employment. One of such problems is “transfer “. Some transfers may be genuine while others might not. A genuine transfer order is one which is … Read more
Disciplinary Proceedings against a Govt. Servant: Procedure thereof Government Servants play a very important role to run the administration of the Country. They are important constituents of the administrative set up of the nation. They are pillars of the Govt. departments on whose shoulders the responsibility to implement the Govt. policies lies. They provide public … 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
What is Compassionate Appointment? – In most clear and simple terms, it is employment solely on the ground of compassion on the death or permanent injury of an individual in a blood relationship maintaining and taking care of the person who has asked for the job. Object of Compassionate Appointment? – The scheme is applicable … 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
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
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
Central Administrative Tribunal (CAT) Chandigarh has recently quashed multiple promotions at Central Board of Excise and Customs Ludhiana. Court in its order observed, the competent authority has ignored the principles of catch -up rule with impunity and wrongly applied the policy of reservation. The petition is filed by one of the employees of the department wherein … Read more
It is surprising that Chandigarh, UT on its own don’t have any policy for promotions of inspector rank to DSP of its own cadre. UT has 23 posts of DSPs of which 10 are filled by DANIPS cadre and remaining from within the UT police. The problem first arose in 2013 when city beautiful got … 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
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