Last Updated on June 15, 2024 by Satish Mishra
Being an advocate myself, I wonder at times, what sorts of matter would come to this court and why? But now with passage of time, I just know it which matter would be in High Court Punjab and Haryana and which will be before Central Administrative Tribunal Chandigarh.
Central Administrative Tribunal (CAT) was established to adjudicate service matter disputes and claims of organizations, departments and institutions under the aegis of Central Government or ministry directly managing the organ/arm of the department.
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If you wish to see the departments covered under the CAT Tribunal, click here- http://cgatnew.gov.in/writereaddata/chandigarhnew/docs/Jurisdiction%20of%20CAT.pdf
The jurisdiction of Chandigarh Bench extends to State of Jammu and Kashmir, State of Haryana, State of Himachal Pradesh, State of Punjab, Union Territory of Chandigarh.
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For the understanding of general public and young CAT lawyers and advocate, I have made a list of CAT Tribunal Service matters:
Joining of service– If you have made it to the list and department is not issuing any joining letter or date.
Extension of time– For the compliance of CAT’s order parties can pray for extension of time.
Grade pay- As per notification of central government pay be fixed as per grade pay without discrimination.
Punishment– If dissatisfied with the inquiry in departmental proceedings and punishment awarded.
Disciplinary proceedings– Appointment of the committee and conduct of the proceedings are relevant.
Counting of increment- Lapses in increment and other monetary benefits given to the applicant erroneously.
Interest on Delay payment- Tribunal given the award but the compliance is not done. Need to pay interest.
Recovery in pension– Government in dereliction of duty can recover arrears from pension.
Pensionary benefits- At par with the statutory body and in consonance with years of services rendered.
Penalty– After the department conduct proceedings, suitable penalty is being awarded.
MACP- Modified Assured Career Progression, three financial hikes in salary after completion of 10,20,30 yrs.
Redesignation- Is designating the person with a different portfolio or position.
Dismissal– In most simple words, termination from the job.
ACP– Assured career progression gives two financial hikes in salary after completion of 12 & 24years in service
Departmental Exam- For future promotions and career progression. Any anomaly can be challenged.
Pension Scheme- If the pension scheme of the department is not in sync with the government rules.
Participation in Management- Employees can seek participation in management decisions that affect them
Casual Labour- Contract and seasonal employees and their rights.
Chargesheet- After the inquiry is completed, whether charges constitute the offences or not?
Reinstatement- Hiring again or re-appointment on different or same job.
Pay scale- Whether the pay scale follow a common hierarchy of the salaries across government institutions.
Gratuity- After 5 years of service, every government employee is entitled and uniform rate of gratuity.
Extension in service– After retirement extension of service maximum for 2 years. No promotion can be done.
Handicapped Selection– In Handicapped category quota, how many selections are made.
Increment- The gradual increase in the salary of the individual.
Reservation for physically handicapped- How much quota is reserved for physically challenged individuals.
Fixation of pension– Pension terms and conditions i.e. Tenure, rate of pension and date of release.
Medical reimbursement- In case of medical expenses, how much is to be disbursed and objection handling.
Retiral benefits for Senior Citizen- After retirement, benefits are given to the senior citizen in department.
Family pension- Pension to the members of family and armed and defence personnel.
Allowances- Apart from job what extra is being provided to the employees at par with others.
Regularisation-After working for a considerable period of time, departments should keep regularize.
Stepping up of pay- When junior is getting pay more than senior. It must be made at par.
Transfer- As per the governing policy, there shouldn’t be any malafide.
Termination- Illegal firing and retrenchment without following due procedure of law.
Arrears- The finances and other emoluments are in not paid and thus request be made to tribunal.
Compassionate Appointment- Job in place of the deceased who had left the family in penury and harness.
Direction- To decide the legal representations and other letters issued to department.
Confirmation- After going through the selection process, confirm the employee on regular rolls.
Promotion- Based on Policy, the promotions be made for the employees regularly.
Interest on delay payment- Under courts order if the payment is not made then interest too has to be paid.
Release of salary– If for some reason, the salary is stopped, the tribunal can order to release of salary.
Continuing service- Service to be counted as continued from the first date when person joined the service.
ACR– Annual confidential reports to be fulfilled periodically and justified as well.
There can be many more on this list. Please let me know.
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Service matters are complex and subtle and the CAT Tribunal Chandigarh Advocate and Lawyer must have the basic understanding of the service law concepts and manual being followed by the department. The functioning of the department/organization gives him/her the edge on understanding the above issues. Once the Central Administrative Tribunal is clear with procedural and departmental functioning of the department, he/she can suggest the right remedy.
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