Gr CAT Bench Tribunal Case

Grant 3rd ACP Chandigarh CAT Bench Tribunal Case

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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.

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FACTS OF THE CASE:

The applicant works as a driver in the executive engineer’s office. He is been working for 14 years in the office. The applicant has filed this application to issue an order against respondent no 2 and 3 to consider and grant the benefit of 3rd ACP to the applicant in the grade pay of Rs.3000/- on completion of 14 years of regular service along with all arrears and consequential benefits.

ARGUMENTS ADVANCED

APPLICANTS CONTENTIONS

Learned counsel for the applicant very fairly submitted that before approaching this Court, the applicant has submitted a representation dated 25.02.2017, followed by a reminder dated 10.09.2018 (Annexure A-8 colly) seeking the relevant benefit, which is pending consideration till date. Therefore, learned counsel made a statement that the applicant would be satisfied if a direction is issued to the respondents to consider and decide his pending representation within some stipulated period.

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FINDINGS OF THE COURT

Upon consideration, if applicant is found entitled, the relevant benefit be granted to him, otherwise a reasoned and speaking order be passed within a period of four weeks from the date of receipt of a certified copy of this order.

CONCLUSION

Considering the limited prayer of the applicant, the Court deem it appropriate to dispose of the O.A., with a direction to the respondents to consider and decide the indicated representation of the applicant.

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INTRODUCTION

The CAT was created by the Act in 1985 under Article 323A of the Constitution of India. The Tribunal derives its jurisdiction, powers, and authority from this Section. It was established via the 42nd Constitutional Amendment of the Constitution.

    • Tribunals under Article 323A can be formed only through the Parliament and not the State Legislatures.
    • However, Article 323B, which deals with other tribunals, enables such tribunals to be formed both by the Parliament and the State Legislatures.
  • Article 323A is only for tribunals for public service matters.
    • Only one service at the central level and one for each state or two or more states can be established.
    • Here, there is no hierarchy of tribunals.

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Central Administrative Tribunal Mandate

The mandate of the CAT is to adjudicate matters related to the recruitment and conditions of service of personnel engaged in public service in the country.

Central Administrative Tribunal Jurisdiction

The CAT exercises original jurisdiction over all service matters concerned with:

  1. Members of the all-India services.
  2. Persons appointed to any civil service of the Union or civil post under the Union.
  3. Civilians appointed to any defence services or posts related to defence.
  4. Employees of PSUs or public sector organizations were notified by the government.

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For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.

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