Post covers Family Pension CAT Appeal Before HighCourt wherein Family Pension Allowed for Temporary Status Employee: and Punjab & Haryana High Court Upholds Widow’s Rights. Below is the referred ruling. High Court appeals for family pension often address disputes regarding beneficiary eligibility, such as in cases of long-term cohabitation or service-related technicalities. These appeals typically … Read more
Chandigarh High Court rules Promotion a Fundamental Right & Cannot Be Denied Due to Technical Qualification Issues – P&H High Court Clarifies DPC Obligations. But, an actual promotion is not a fundamental right in service matters, but the right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Indian … Read more
The Central Administrative Tribunal (CAT), Chandigarh Bench, delivered an important judgment granting family pension to the widow of a deceased employee who had been working under Temporary Status (Casual Labour Regularisation Scheme, 1993). This decision strengthens the rights of widows of long-serving temporary status employees. Family Pension Granted to Widow of Temporary Status Employee – … Read more
Notional Increment in government job is trending all over CAT Tribunals across India and pensioners are the most interested in this concern. The order of Supreme Court clearly states for matter pertaining to pension admissible and not for any other pensionary benefits. Enhanced pension for the period prior to 30.4.2023 will not be paid as … 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. The Central Administrative Tribunal (CAT) adjudicates disputes relating to transfer, posting, and service conditions of central government employees. Under Section 25 of the Administrative Tribunals Act, 1985, the … 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
Overtime allowance (OTA) for central government employees, particularly in departments like Railways and Defence Production, is a recurring service matter handled by the Central Administrative Tribunal (CAT). Recent trends show a shift toward stricter implementation of overtime payments, incorporating allowances, for workers operating under factory conditions. Key Overtime (OTA) CAT Service Matters Calculation Base (Allowances … Read more
Compassionate appointment cases in the Central Administrative Tribunal (CAT) focus on providing immediate employment to dependents of deceased government employees to manage sudden financial distress. Key principles include restricting appointments to a 5% quota of direct recruitment vacancies in Groups C and D, and a focus on immediate financial hardship rather than it being a … Read more
A review petition in the CAT Chandigarh Bench is filed under Section 22(3)(f) of the Administrative Tribunals Act, 1985, read with Rule 17 of the CAT (Procedure) Rules, 1987, to request a review of a final order. It is generally handled by the same bench that passed the initial order to correct errors apparent on the … Read more
The Central Administrative Tribunal (CAT) Chandigarh bench has been actively involved in disputes regarding the leadership and faculty promotions at the Chandigarh College of Architecture (CCA), particularly regarding Dr. Sangeeta Bagga’s tenure as principal and her promotion. Key rulings have stayed attempts to replace her and directed the administration to finalize regular recruitment. Key Aspects … Read more
Complaints against builders in the Tricity area (Chandigarh, Mohali, Panchkula), including Tricity Media Co-operative House Building Society, often involve possession delays, contractual disputes, and poor amenities. Aggrieved consumers can file complaints through the RERA Punjab authority, state consumer commissions, or the National Consumer Helpline (NCH) at 1915. Key Avenues for Complaint in Tricity: RERA Punjab: The Real Estate Regulatory … Read more
Extension of benefits in Central Administrative Tribunal (CAT) cases often involves applying established legal precedents—like the Bishamber Dayal case regarding minimum pay for long-serving casual workers—to similarly situated employees. Key areas include extending MACP benefits, service extensions, or pension perks (e.g., increments for retirees). Key Aspects of Extension of Benefits in CAT Bishamber Dayal Case (Principle … Read more
Removal from service in ESIC (Employees’ State Insurance Corporation) service matters is frequently challenged before the Central Administrative Tribunal (CAT) on grounds of procedurally flawed internal enquiries, lack of fair opportunity, or disproportionate punishment. CAT examines whether the inquiry followed CCS (CCA) Rules, often upholding removals if a fair, evidence-based process was documented. Key Aspects … Read more
Cadre restructuring involves scientifically reorganizing service cadres to balance functional needs, operational efficiency, and employee career progression. It aims to correct structural imbalances, remove promotional blocks, and adapt to technological changes. Key elements include merging trades, updating, and revising duty posts, and, occasionally, increasing posts to improve efficiency. Key Aspects of Cadre Restructuring Objectives: The primary … Read more
Central Administrative Tribunal (CAT) cases regarding UPSC promotion proposals often hinge on challenging DPC (Departmental Promotion Committee) recommendations, improper seniority lists, or violation of recruitment rules. Key issues include “skipping” mandatory promotional steps, arbitrary, or delayed promotions. CAT frequently orders reviewing cases to ensure adherence to rules and fairness in selection. Key Aspects of Promotion Cases … Read more
Section 21 of the Administrative Tribunals Act, 1985 mandates that the Central Administrative Tribunal (CAT) generally will not admit applications filed more than one year after the cause of action or final order (e.g., rejection of a representation). If a statutory appeal/representation is pending, this period is extended by six months. Key Aspects of Limitation Rule in CAT: … Read more
The Central Administrative Tribunal (CAT) handles service disputes for Ministry of Defence civilian employees, including transfers that violate policies, such as those involving individuals with less than three years to superannuation. While transfers are generally considered a service condition, CAT can intervene if orders are proven to be mala fide, arbitrary, or in violation of statutory … Read more
Navodaya Vidyalaya Samiti (NVS) service matters, often litigated in the Central Administrative Tribunal (CAT), primarily involve disputes over recruitment, transfers, seniority, and, benefits. Key issues include counting deputation service for promotions, double HRA entitlement, and compassionate appointments. Decisions often hinge on NVS compliance with government rules. Key CAT and Service Matters in NVS: Promotion & … Read more
Compassionate appointment in the Central Goods and Services Tax (CGST) department, as handled by the Central Administrative Tribunal (CAT), is a specialized service matter governed by strict Department of Personnel and Training (DoPT) guidelines designed to provide immediate relief to families in extreme financial distress due to the death or medical retirement of a government servant. … Read more
Super Time Scale (STS) in Indian service matters refers to a specific, higher-level pay grade (often Level 13A or 14 in the 7th CPC matrix) to which officers are promoted, typically based on merit-cum-seniority after a certain number of years of service. Key aspects of Super Time Scale service matters handled by the Central Administrative … Read more
Post covers CPWD Regularization Case CAT Chandigarh Bench wherein similarly situated person were regularized. Hence the case. CPWD Regularization Cases at the CAT Chandigarh Bench involve contractual workers seeking permanent positions, with benches often directing the government to consider claims, sometimes granting benefits if similarly placed employees received them (like in cases for antedating regularization from … Read more
Medical reimbursement claims for Central Government employees, often handled by the Central Administrative Tribunal (CAT), allow for 100% reimbursement of emergency, in-patient, and sometimes non-empanelled hospital treatments, based on the right to health. Claims must be filed within 6 months of discharge, with full, or up to 75% reimbursement for costs over CGHS rates commonly ordered. … Read more
The Chandigarh Bench of the Central Administrative Tribunal (CAT) recently dismissed an application from Dr. Gurvinder Pal Thami, Director-Principal of GMCH-32, seeking a service extension beyond 62 years, reinforcing strict adherence to retirement age policies. The tribunal handles various service-related disputes, including contractual regularization and pension matters. Key Recent Developments & Cases: GMCH-32 Director-Principal Case: The CAT Chandigarh dismissed … Read more
ACP (Assured Career Progression) grant in Chandigarh, primarily governed by Chandigarh Administration (adopting Punjab/Haryana rules) and UT-specific policies, provides financial upgradation upon completion of 4/9/14 or 10/20/30 years of service. Key issues include the mandatory 4/9/14 option for some, 1st ACP eligibility after service regularization, and the requirement of ICT skills. Key Aspects of ACP … Read more
The Central Administrative Tribunal (CAT) handles CGHS cases, primarily focusing on medical reimbursement disputes, coverage for non-empanelled hospitals, and administrative delays, ensuring retirees receive benefits. Key rulings emphasize that emergency, life-saving treatment in non-empanelled hospitals must be reimbursed at CGHS rates. Key Aspects of CAT CGHS Cases: Reimbursement Rights: Supreme Court rulings and CAT decisions affirm … Read more
Res Judicata in the Central Administrative Tribunal (CAT) prohibits the re-litigation of issues previously decided by the same or a competent court, promoting finality in service matters. Based on CPC Section 11, it applies when parties and causes of action are identical, preventing repetitive, frivolous, or delayed petitions, often linked with limitation issues. Key Aspects of … Read more
Pension refixation is a service matter involving the recalculation of a retiree’s pension due to errors in initial calculation, pay revisions, court orders, or changes in qualifying service rules. For Central Government employees, this is governed by the CCS (Pension) Rules, 2021, and directives from the Department of Pension & Pensioners’ Welfare (DoPPW). Key Aspects … Read more
Central Administrative Tribunal (CAT) handles service extension disputes for central government employees, often focusing on eligibility criteria like age, medical fitness, and performance records. Cases often involve disputes over extensions beyond superannuation (e.g., 55-57 years) or denial of service extensions due to pending vigilance inquiries. Key details regarding CAT service extension cases include: Key Issues: Common … Read more
House accommodation matters, including allotment, retention, and eviction, fall under the jurisdiction of the Central Administrative Tribunal (CAT) as service disputes. Key principles include that government housing is a privilege, not a vested right, and retention beyond permissible periods is not allowed. Key Aspects of House Accommodation in CAT Service Matters: Jurisdiction: CAT handles disputes regarding … Read more
Gratuity must be paid within 30 days of retirement or resignation, with 10% annual interest generally mandated for delays. CAT cases often award interest ranging from GPF rates to 18% per annum, depending on whether the delay was due to administrative fault. Key Aspects of CAT Cases on Delayed Gratuity: Timeline and Interest Rate: If gratuity … Read more
Non-Functional Upgradation (NFU) is a personnel-specific, non-promotional financial benefit granted to Group ‘A’ officers (and some others) in the Indian government. It allows them to receive higher pay scales/grades corresponding to the seniority of their batchmates, even if not promoted, usually triggered when an IAS officer of that batch is promoted at the Centre. Key … Read more
Notional increment is a “on-paper” salary increase granted to Central Government employees retiring on June 30 or December 31, allowing them to count the July 1 or January 1 increment for pension calculation. Following a Supreme Court ruling, this benefits those who retired on these dates from 2006 onward. Key Details on Notional Increment: Purpose: The increment … Read more
The Central Administrative Tribunal (CAT), Chandigarh Bench, handles disputes regarding the release of retiral dues, pension, gratuity, and leave encashment, often directing departments to pay dues within stipulated timeframes (e.g., two months) or face interest on delayed payments. Key rulings include quashing unlawful recoveries from gratuity and ordering interest for delays in payments, such as in … Read more
CAT Chandigarh handles numerous Railway compassionate appointment cases, focusing on immediate financial relief for deceased employees’ families. Key rulings involve allowing educational qualifications relaxation for dependents, validating adoptions for appointment eligibility, and directing reconsiderations when applicants are declared medically unfit or delayed. Key Recent Rulings & Principles (CAT Chandigarh) Relaxation of Rules: The Punjab and Haryana High … Read more
Family pension in Indian government jobs provides financial security to dependents (spouse, children, or parents) of a deceased employee/pensioner, generally at 30% of last drawn basic pay. An enhanced rate of 50% is payable for 10 years if the employee dies in service with 7+ years of service. Key Aspects of Family Pension: Eligibility & … Read more
The Central Administrative Tribunal (CAT) has consistently ruled that government retired employees, including those who opted for a fixed medical allowance, are entitled to full medical reimbursement for indoor treatment, even if treated in non-empanelled private hospitals for emergencies. Courts emphasize that the right to health is a fundamental right, and reimbursement cannot be denied due … Read more
The Chandigarh Bench of the Central Administrative Tribunal (CAT) has actively ordered the release of retiral benefits, including pension and gratuity, for retired officers when no disciplinary or criminal proceedings are pending, often directing payment with 6% interest within two months. The tribunal has ruled that withholding benefits, especially for non-payment of GST, is illegal, … Read more
The Central Administrative Tribunal (CAT) Chandigarh Bench handles service disputes for central government employees in the region, including Kendriya Vidyalaya Sangathan (KVS) staff. It operates in physical/hybrid modes, frequently hearing cases related to KVS transfers, pay, and disciplinary actions. Central Administrative Tribunal Chandigarh Bench KV Case wherein court analyzes how much of an order has been … Read more
PGIMER Nursing Officer cases at the CAT Chandigarh Tribunal involve disputes over recruitment (like “backdoor entry” claims by external candidates vs. NINE students), study leave conditions (quashing unreasonable riders for MSc), and maternity leave (e.g., Deepika Singh‘s case on “second” child status, eventually appealed to Supreme Court). These cases highlight conflicts between PGI’s internal policies and … Read more
A Review Application in the Chandigarh Central Administrative Tribunal (CAT) must be filed within 30 days of receiving the order, based on limited grounds like errors apparent on the face of the record, under Section 22 of the Administrative Tribunals Act, 1985. It generally requires a sworn affidavit and is usually decided by circulation by … Read more
Removal from service based on an internal (departmental) inquiry requires strict adherence to principles of natural justice, ensuring the employee is informed of charges and given a fair opportunity to defend themselves, as required under Article 311(2) of the Constitution for civil servants. A proper inquiry must be conducted, allowing for cross-examination of witnesses. In … 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, Appeals regarding contractual appointments … 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 Central Administrative Tribunal (CAT) Jammu Bench is located on … Read more
Jurisdiction of Indian courts is decided based on subject matter, territorial limits, and pecuniary (monetary) value, as defined by the Constitution and procedural codes like CPC (civil) and CrPC (criminal). Civil courts are generally determined by where the cause of action arises or the defendant resides, while criminal courts are determined by where the offense was committed. … 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. A “Financial Upgradation Case” refers to a legal dispute, often handled by the Central Administrative Tribunal (CAT), concerning … 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
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