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
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
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
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
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
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 an Application for Revision of Pension in Armed Forces Tribunal for revision in his Pension as per the last rank (JWO) held by him and not as per a sergeant. Revision in Pension according to Last Rank In this post we will discuss about an Original Petition filed … 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 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 the grounds on which disability pension in army can be granted. Army Disability Pension for Disabilities during Tests. Lt. Col. MahendraKumari (Retd.) v. Union of India and Others. Allowing Original Application- Armed Forces Tribunal In the present case, the Applicant filed for an instant Original Application seeking to … Read more
Bureaucratic delays not an excuse for filing appeals beyond the period of limitation. In this post we will discuss about the law of limitation and whether government bodies can file a case beyond this period of limitation on the grounds of bureaucratic delay. Real Estate (Regulation and Development) Act (RERA) is an act passed by … 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 is a case digest on the NCLT Chandigarh Bench of Bank of India versus Little Bee International Private Limited in CA No.1215 of 2019 Under Section 33 (1) & (2) of the Insolvency and Bankruptcy Code, 2016. As per COC report, the liquidator will dissolve the company Regulation 32A of the Insolvency and Bankruptcy … Read more
This post is a case digest on Securitization Application in DRT to Redeliver the Possession to guarantor since the demand notice u/s 13(2) was bad in law, also the amount calculated is incorrect as of considering principal amount & interest as it is settled adjudication of amount cannot be done in Sarfaesi Act. Different accounts … 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
This is a case judgment on the topic of rounding of Disability Pension by AFT Tribunal Regional bench Lucknow where the disease was attributable to military service. This post tells broad banding of disability/war injury element of pension with effect from 1.1.1996 irrespective of restriction of arrears upto 3 years or they retire post/pre 1996. … Read more
Post covers powers of Adjudicating Officer RERA (AO) at Panchkula Haryana RERA Authority and Punjab RERA. Sole claims of compensation entertained after Newtech judgment and refund-interest prayer not to be nixed. Due to the rapid growth of the Indian economy and the continuous migration of people from rural to urban areas, the need of housing … Read more
In this post, we will know about Armed Forces Tribunal (AFT Chandigarh Lawyer/Chandimandir) frequently asked questions (FAQ). Also Read- AFT Chandigarh Bench Lawyers & Advocates Key Points Included: Establishment Benches Jurisdiction Salient Features Scope of Act Types of Matters Famous Judgements Conclusion Also Read- Military Pension as Per Length of Service-aft Chandigarh Establishment The Armed … Read more
The appeal against the RERA Punjab Authority lies before the RERA Appellate Tribunal Punjab situated inside Forest Complex, Mohali. Whether or not appeal will be allowed and RERA Authority’s order will be upheld or set aside is question of law & facts which only RERA Punjab Appellate Tribunal Authority Lawyers Advocates can only predict but … Read more
Post covers Standing Order Certification and how you can get it for your organization in Punjab and Haryana. Industrial Employment (Standing Orders) Act 1946 makes it obligatory for industrial establishment to disclose conditions of employment to workmen by way of standing orders /service rules and to make them known to employees. This post generalizes the … Read more
In Indian Army, every year many applicants are invalidated by the Medical Board by assessing disability on one or the other ground. Usually, it is seen whether the disease in question was attributable or aggravated by the medical service or not? To find it out, Medical Board is formed to assess applicant’s disease and further … Read more
UT Chandigarh’s Interdepartmental Policy is once again in limelight. This time, High Court of Punjab & Haryana at Chandigarh has dismissed the plea of UT administration against the CAT Chandigarh order of strucking down the interdepartmental policy where the employees were supposed to get transferred from one department to the other. The Central Administrative Tribunal … Read more
Haryana Real Estate Regulatory Authority (RERA) has already set up an Appellate Authority for appeals arising out of the decisions of Haryana RERA Authority benches constituted at Gurugram and Panchkula is being headed by retired Justice Darshan Singh which is now fully functional. Location (As of now)– New Haryana Civil Secretariat ,17F, Sector 17, Chandigarh, 16001 (Right … Read more
In case of Hospital Engineer, Central Administrative Tribunal (CAT) Chandigarh has directed PGIMER ( Post Graduate Institute of Medical Education & Research ) to escalate the process of consideration of all eligible candidates. The case came to the CAT Tribunal Chandigarh when PGI removed one Assistant Engineer from RAC (Refrigeration & Air conditioning ) vide … Read more
The Real Estate ( Regulation And Development) Act, 2016. The purpose of this act is to protect home buyers and to increase investments in real estate industry. Real Estate Regulatory Authority has to be established in every State. Also Read- TCP TO COMPLETE PROJECTS IN FARIDABAD Features Of This Act. Registration : land over 500 square meters or … Read more
These tribunals are concerned with providing compensation to the victims of accidents. Claims regarding loss of life, loss to property , injury cases from motor accidents are awarded by these tribunals. These courts are under supervision of respective High Court of States. Judicial officer presides over these courts. Also Read- MACT CLAIM CALCULATION Report to MACT … Read more
Dismissal from a government job is not that easy unless complied with statutory rules , order and principles of natural justice where the delinquent employee is given ample opportunity to take defence. The matter pertains to dismissal of a Chandigarh Police head Constable who was found drunk on duty and later misbehaved with the truck … Read more
SC Court has upheld the decision of AFT Tribunal Lucknow of setting aside ‘Punishment of Reprimand’ on Charge of retaining electronic items recovered during Operation Bluestar in Amritsar. Also Read- ARMED FORCES TRIBUNAL ACT, 2007 Timeline of the case: 1 Chief of Army Staff refused to give substantive rank of Lt. Colonel by timescale to applicant … Read more
The Armed Forces Tribunal Act was introduced in the Parliament in December 2005 and was given the final nod by the President on 25th December 2007. This was one of the most significant steps in the history as the act provided for the set up of a tribunal to entertain cases related to armed forces. … 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
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
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
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
This is a case digest on Punjab State Teacher Eligibility Test challenged in High Court Chandigarh wherein court partially allowed the petition and gave one mark to students who have given option ‘C’ as correct answer to question no. 131. If the new total of marks make them eligible, then they shall be entitled to … 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
This case digest discusses interpretation of tax statutes wherein two different interpretations are possible, the one favouring the assessee should be preferred. Herein this case the assessee prayed the interpretation of fruit drinks under different heads as contemplated by the government. The court favoured the assessee in clearing the difference of definitions between the fruit … Read more
This post is a case digest on Petition seeking reinstatement Punjab Haryana High Court wherein the employee was dismissed from services and his appeal dismissed before Appellate Authority. Petitioner challenged both in the writ petition seeking reinstatement to the post by issuance of the directions. The petitioner was terminated only on the basis of non … Read more
VRS refers to a scheme of an option given by the organization to its employees to retire before superannuation (i.e., before the actual date of retirement) in exchange for additional severance payment and benefits.It is a method used by companies to reduce surplus staff. This mode has come about in India as labour laws do … Read more
This is a judgment digest on the topic of MACP explaining what needs to be considered while granting the benefit of MACP to the individual and how it will be given as per settled law on the topic. Whether MACP Scheme entitles financial upgradation to the next grade pay or to the grade pay of … Read more
Post covers Revision of Pension Based on Last Rank- AFT Chandigarh Bench which is validation of Order Application seeking Revision of Pension. This post is a judgment digest on the topic of Revision of Pension Based on Last Rank held by the applicant irrespective of the fact whether he/she has not completed last rank of … Read more
One of the benefits out of all in a government job is Compassionate Appointment if the employed person is dead. The next closest Sibling/spouse/kin/Dependent to deceased can apply and get the job as per the scheme/rules/criteria laid down by the department as per law laid down. But one cannot be sure of the time, it … Read more
Punjab DGP’s (Director General of Police) appointment under challenge in CAT (Central Administrative Tribunal), Chandigarh. Also Read- TYPES OF SERVICE MATTERS IN CAT TRIBUNAL CHANDIGARH DGP Dinkar Gupta’s appointment is under challenge in CAT, Chandigarh by DGP Mohammad Mustafa (head of Punjab’s anti-drug special task force) and Siddharth Chattopadhyaya, a 1986-batch officer. Also Read- SEXUAL HARASSMENT CASE … Read more
Private Sector specialists selected as Govt. Joint Secretaries With a motive to introduce experienced people in government administration, NDA government had decided to appoint a few experienced and professionals for the post which were previously filled through clearing civil services exam. For the first time, specialists have been selected for appointment as joint secretaries in … Read more
Job Extension of two Years can be granted to PWD (Person with Disability) Teachers For the benefit of physically challenged employees, the government has issued many guidelines. Extension of the job was one of those guidelines. Recently a case was raised. Also Read- APPOINTMENT AGAINST SANCTIONED POSTS ONLY Facts of the case Teachers having a disability in … Read more
Every employee has a right to receive pension upon retirement. If payment of such person is delayed, the retired employee is surely entitled to get some interest for such delayed payment. Pension and even gratuity are aimed at maintaining the life of a retired employee and his dependents. These are welfare provisions if there is … Read more
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