Post covers Denial of Retirement Benefits by High Court case wherein department withheld amount without any reason and refused to pay interest when it was released. Even though the law is settled on this issue but we see on many occasions government departments being indulged into such practice. Even poor financial condition of state can … Read more
Through this analysis, we will try to understand the civil relief that can be claimed by an employee in the case of wrongful termination of his/her employment by his/her employer. This analysis will provide an in-depth assimilation of the conditions which govern the grant of any such relief by the Hon’ble court. It will also … Read more
What constitutes Retrenchment? This term is defined in Industrial Dispute Act which means termination by the employer for any reason whatsoever, other than a punishment given in disciplinary proceeding. Its wide meaning is given under Section 2(oo). It was not included in the original form, was inserted in 1953. In this case study, Delhi High … Read more
This post is a summary of judgment wherein Petition herein is seeking issuance of a writ in the nature of mandamus directing the respondents to release dues and other admissible service benefits like family pension, gratuity, leave encashment, GPF and GIC, etc. of late Sh. Nirlep Singh. The Court held, “Without commenting on the merits of … 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
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 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
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
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 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
Post covers Extension in Service Case High Court Chandigarh The policy granting extension to the employees has since been scrapped by the Punjab Government Case- SURESH KUMAR VS STATE OF PUNJAB AND OTHERS The petitioner, Suresh Kumar, filed a civil writ petition before the High Court of Punjab and Haryana, under article 226/227 of 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
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 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
Chandigarh High Court Allows Appointment of International Level Shooter in HCS. Summary- In this post we will discuss about the order of Punjab and Haryana high court in which has directed the Haryana government to issue an appointment letter to an international level shooter who was allegedly denied a post in Haryana civil service (executive … Read more
This post talks about pension case in Punjab Haryana High Court Chandigarh where it is held amount need to be released within 2 months from retirement else interest to be paid. The following article analyses a case revolving around pensionary benefits. The case was petitioned by one Satpal Singh (petitioner) against the State of Punjab … 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. Looking out for Address … 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
In this post we will discuss about a writ petition that was filed by a school teacher for payment of pension. Applicant submitted that if the State had fixed the grade pay in the year 2006 wrongly and some excess payment was paid to the petitioner then the same could not have been recovered after … Read more
In this post we will discuss about a case in which an ex –Serviceman was granted a Graduation Certificate by the Central Government and the main issue was whether the holder of a certificate can be deemed to be a graduate Case Brief 2020 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KRISHAN … Read more
In this post we will discuss about an application been filed by the applicant praying for revision of his pension in accordance with the last rank held by him before retirement on the basis of Govt. of india circular dated 09.02.2001, wherein it has been clarified that ten months continuous service in the last rank … Read more
In this post we will discuss about employee-employer relationship under The Industrial Disputes act in the case of P.N. Chaturvedi Vs. The Ambassador’s Skychef wherein some employees filled a case for wrongful termination Industrial dispute Act is a beneficial legislation to solve the dispute among the workmen and employers while also protecting their rights and … 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
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 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
In the recent case of Gurmail Singh vs Punjab Water Supply and Sewerage, the high court of Punjab and Haryana have stated the position with respect to continuation of disciplinary proceedings after the retirement of an employee. In the present writ petition the grievance of the petitioner is that the petitioner has already retired on … Read more
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
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