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
Punjab & Haryana High Court Sets Aside Punishment of Constable After 20-Year Legal Battle in a case of Increment Forfeiture. In a significant judgment pertaining to Increment Forfeiture Service Matter , the Punjab and Haryana High Court set aside disciplinary punishment imposed on a police constable, holding that departmental authorities acted arbitrarily despite the inquiry … 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
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
Wrongful termination in India involves dismissal violating contracts, laws (like discrimination, unfair procedure), or company policy, with key cases often revolving around reinstatement, compensation (back wages), and procedural fairness, as seen in instances like Kailash Singh v. Mayo College (educational institutions) or various rulings where courts order employers to reinstate with back pay or pay … 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. 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
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
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
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
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
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
The Punjab and Haryana High Court in Chandigarh has generally held that, while the state government aimed to reduce the retirement age to 58 to boost youth employment, post-retirement extensions are not a vested right. Extensions are considered a matter of employer discretion, often rejected if they hinder the career progression of other employees. Key Aspects … 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
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
Appealing a Labour Court decision to the High Court in India typically involves filing a writ petition (like a Writ of Certiorari), as there’s often no direct statutory appeal, focusing only on questions of law, not facts, within a specific timeframe (often 90 days under the Limitation Act). The High Court reviews if the Labour Court correctly applied … Read more
The Punjab and Haryana High Court has upheld the appointment of meritorious sportspersons (Arjuna Awardees) to HCS/HPS posts, dismissing review petitions filed by the state and civil service officers in January 2026. The Court reiterated that the “rules of the game cannot be changed midway” and upheld its April 2022 decision to honor sports achievements. … 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 Central Administrative Tribunal (CAT) Jammu Bench is located on … 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
Graduation certificates (equivalent to a bachelor’s degree) are granted to ex-servicemen (ESM) based on military training, long service (usually 10-15+ years), and experience, particularly for technical roles. These are recognized for employment by the Central and state governments. Key aspects of Graduation certificates include: Legal Standing: The Punjab and Haryana High Court has ruled that graduation … Read more
Revised pension applications for retired Air Force officers, particularly for “One Rank One Pension” (OROP) or Seventh CPC, are generally initiated by the Record Office or AFCAO in New Delhi, which forwards revised LPC-cum-data sheets to the PCDA(Pensions) Allahabad. Officers may need to submit Form 6 for details if direct action is not taken. In this post we … Read more
Labour court cases for wrongful termination in India involve proving illegal firing—such as lack of due process, discrimination, or breach of contract—to seek reinstatement, back wages, and continuity of service. Remedies often include reinstatement with 50% back wages or lump-sum compensation, as seen in recent rulings. Key Aspects of Wrongful Termination Cases Definition: Termination is considered … Read more
The Haryana Education Tribunal, often constituted with District Judges presiding in each district following Supreme Court directions, functions as a quasi-judicial body for the swift resolution of disputes involving teachers, staff, and management of educational institutions. It handles service matters, including salaries, suspensions, and management conflicts. Key Aspects of the Haryana Education Tribunal: Function: Handles cases … Read more
You can appeal an order from the Education Tribunal Punjab to the Punjab and Haryana High Court within 60 days on a “question of law,” typically via a Writ Petition (Article 226) (CWP) for quashing orders, challenging dismissal/termination, or seeking reinstatement, with High Court cases frequently focusing on natural justice, proper procedure, and whether terminations were penal or performance-based, often upholding … Read more
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