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
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
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 coversTricity Home Search Builder Consumer Complaint wherein builder failed to provide possession on time. Hence Refund plus compensation. Consumer Protection act, the safeguard of the customer. Consumer Protection Act,1986 is a law to protect the interests of the consumers and provides safety to consumers regarding defective products, dissatisfactory services, and unfair trade practices. It … 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 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
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
Post is about NAVODAYA VIDALAYA CAT Chandigarh Case wherein transfer was under challenged & applicant under suspension. NAVODAYA VIDALAYA 24.7.2020 TRANSFER CASE RAJENDRA KUMAR v. UNION OF INDIA & ORS. APPLICANT: Rajendra Kumar TGT Math, age 42 years, JNV Bai Nuh, Haryana, R/o H-327, Govind Puram, Ghaziabad (U.P.) RESPONDENT: Union of India through Secretary to … Read more
CGST CAT Chandigarh Case Compassionate Appointment wherein provisional compassionate appointment was suspended as applicant did not meet physical standards. Now let’s have the case here. Rest you can have the latest DOPT consolidated instructions on compassionate appointment – Replacement of Para 13-regarding dated 23.08.2021. Applicant : Sandeep Singh, age 24 years, s/o Late Sh. Paramjet … Read more
Post covers Super Time Scale CAT Chandigarh Bench Case seeking issuance of direction to the respondents to release the benefit of Super Time Scale w.e.f. 1.1.2017, when he became entitled for the same. Applicant, Sh. Sukhjit Singh Bains filed a complaint under Section 19 of the Administrative Tribunals Act, 1985, seeking issuance of direction to the … Read more
Post covers CPWD Regularization Case CAT Chandigarh Bench wherein similarly situated person were regularized. Hence the case. CAT REGULARIZATION CPWD Now let’s have the Judgment – Judgment digest Central Administrative Tribunal Chandigarh Bench Date of Decision – 24th January 2020 Also Read- Surender Singh vs M/O Urban Development on 27 September, 2018 Complainant: Swaran Singh … Read more
Post covers Medical Reimbursement Claim Chandigarh CAT Bench Case citing Mohan Lal Gupta case affirmed by the Hon’ble High Court. Thus retirees are covered for reimbursement of medical expenses. Medical Reimbursement Claim of Retirees Government Employees. Now let’s have the case CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A. No.60/866/2020 Date of decision: 11.11.2020 Also Read- K … 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
This post is a summary of judgment wherein the applicant submitted that the representation seeking issuance of CGHS card to avail indoor medical facilities, as claimed in the present O.A, is pending consideration with the Competent Authority. He suffered a statement that he would be satisfied if a direction is issued to the respondents to consider … 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
The post covers Pension Refixation Case CAT Chandigarh wherein court dismissed on ground of limitation & merit as amended rules were for in service officials not retired. The pay commission doesn’t only affect the salary, it also affects the pension. In this case study, the applicant sought for change of his pension based on various … Read more
Service Extension CAT Chandigarh Bench Case wherein court ordered to decide representation against UNION TERRITORY CHANDIGARH ADMINISTRATION . RANJNA KHOSLA V. UNION TERRITORY CHANDIGARH ADMINISTRATION THROUGH ADVISOR TO ADMINSTRATOR, U.T. SECRETARIAT CHANDIGARH, 23rd December, 2020 Today we are going to talk about the case of Ranjna Khosla v. union territory Chandigarh administration and others, 23rd … 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
This post covers Interest on Delay in Gratuity Payment CAT Case where court found delay unusual & was a case of Voluntary retirement. Hence no merit. Delay in Gratuity – Education Department Payment (Renu Anand v. Union Territory Chandigarh) Through this analysis, the author will try to understand the power of the courts with respect … Read more
NON-FUNCTIONAL UPGRADATION CAT Chandigarh Case while relying upon the judgment of Hon’ble Madras High Court in the case of M. Subramaniam (supra). Judgement Digest: Virender Singh Versus Union of India & Ors. Case Briefing: The present O.A. has been filed by the applicant for grant of Non-Functional Upgradation in the Grade Pay of Rs.5400/- w.e.f. … 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
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
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
Medical Charges Government Retired Employees CAT Case wherein court answered whether they are entitled for reimbursement. DHARAM PAL v. UNION OF INDIA & ORS. The petition was filed before the Central Administrative Tribunal, Chandigarh bench, where the applicant challenged the impugned order which was rejected for the reimbursement of his medical charges on the plea … 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
Central Administrative Tribunal Chandigarh Bench KV Case wherein court analyzes how much of an order has been complied with the authorities. Judgment Name- Fulfillment of Order (Jyoti Maini v. Union of India through the Secretary, Ministry of HRD ) Through this analysis, the author will try to understand the power of the court with respect … 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
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
In this post we will discuss about removal from service on basis of Internal Inquiry wherein the Hon’ble Tribunal held that, the internal enquiry conducted by the I.O during the investigation process was done in a fair and just manner by following all the necessary steps and therefore there is no reason to question such … Read more
In this post we will discuss about Application for Contractual Appointment in Central Administrative Tribunal (CAT) wherein the court held that The Respondents have cleared their stand on the contractual appointment and they have introduced a new scheme AFES and The applicants should be adjusted as per the new scheme AFES, Also Read- CENTRAL ADMINISTRATIVE … Read more
In this post we will discuss about a a petition that was filed by two Jammu-based advocates,who submitted that it is impossible for litigants and advocates to make a representation before the bench in Chandigarh due to geographic remoteness, financial constraints and unavailability of internet access. The CAT branch of Chandigarh In the present times … Read more
This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same. JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES Supreme Court The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre … 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
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 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 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 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
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
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