DOPT ISSUED FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

DOPT published today on its official website regarding the 'Administrative Tribunals', the clarification is given as  ‘FREQUENTLY ASKED QUESTIONS’ and it placed under for your information…

FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

Q.1 What is the objective behind setting up of Central Administrative Tribunal? 

Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.

Q.2 What are the jurisdiction of a Central Administrative Tribunal? 

Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities with the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.

Filling up vacancies of Administrative Member in the Central Administrative Tribunal for the year 2013

To view details, please click here

Filing CAT case for CSSS Parity

"  A meeting of  members of confederation of All India Central Government Stenographers Association held on 21st July 2012 at YMCA, Hall, Ernakulam to discuss  filing of  case with CAT for CSSS Parity.  Members from various Central Government department in Kerala attended.  After the meetng a team comprising  Shri.M.Harisuthan, SG, Smt.Ligy, Treasurer, Shri.K.K.Vijayan,MSMED and Shri.Ramdoss, SC/ST Commission met the Advocate Shri.Sarath and discussed the case details about 2 hours.  The advocate accepted and requested 10 days time for preparing the draft.  It  has been decided to file the case by the  Confederation and also minimum one members from few departments to strengthen the case.  Shri.Ramdoss, SC/ST Commission, Smt.Ligy, Customs, Shri.Srinivasan, IT, Shri.Sivakumar, Passport, Shri.K.K.Vijayan, MSMED will also join part with the CAT case to strengthen the case.   Once case is filed AIPSA which is the recognised association can also join.

Appointing authority shall not compel the employee to accept the promotion - Judgement pronounced by Hon'ble CAT Bench Chennai

The hon'ble CAT Bench Chennai, in its judgment dated 22.06.2012 in OA no 72/2012 filed by Smt R.Kamakshi, OA O/O SSPOs Chennai city Central Dn against the orders of the administration refusing her declination to AAO promotion, has ordered that when the employee is not interested in promotion, the appointing authority shall not compel the employee to accept the promotion and proceed to join the place of posting.The CAT also observed that the said compulsion is violation of fundamental right of the employee.

Click here to view the said CAT Chennai order in original.

INJUSTICE CAUSED TO PROMOTEES IN MACP – QUASHED FANTASTIC ORDERS PRONOUNCED BY CAT, JODHPUR

1   Promotion as PA from Group ‘D’/Postmen should not be construed as Promotion under MACP

2   MACP shall be granted afresh from PA cadre based on 10, 20, 30 years in PA cadre

3   Any promotions under LDCE shall not be brought into no. of promotions under MACP

4   Applicant should be paid arrears with interest applicable to GPF

The full text of the judgment is furnished below in the link. What we are demanding all along (i.e) to exclude the promotions acquired by exam has been categorically declared by the Hon’ble judge. A remarkable decision.

ANOTHER REMARKABLE JUDGMENT QUASHING RECOVERY IMPOSED UNDER CONTRIBUTORY FACTORS

Please make use of it

Click here to download for full text

CAT CASE ONE AFTER ANOTHER

No doubt, our General Secretary has repeatedly requested our Directorate to withdraw the exam notification in view of various disparities pointed out in the different communications to Directorate but to no result. Our GS was right while raising our concern with Directorate not to adopt two parameters by allowing some similar placed candidates to appear in PS Group “B” and no to others. Results being the aggrieved are approaching the Hon’ble CAT for relief. Hon’ble CAT Lucknow bench giving relief to the applicant has stayed the final result of PS Group “B” examination that will be subject to the final orders of the Tribunal.

PS Group B Court case- update

 As already informed, the Hon'ble CAT Ernakulam Bench had passed an interim order on 21.5.12 in OA 380/12 filed by two of our ASPs, (Sri. M.P.Ramesh & Smt. V.Sarada) directing to allow the applicants to appear for the examination provisionally. Subsequently, an MA for vacating the said interim order was filed by the Department which was dismissed by the Tribunal on 31.5.12. On the same day, the interim order was challenged by the Department before the Hon'ble High Court of Kerala by filing OP(CAT) which was also dismissed by the Division Bench comprising of the Hon'ble Chief Justice, refusing to  interfere with the interim order passed by the Tribunal.Ultimately, the applicants were permitted to appear for the Examination held on 3.6.12.

Charge sheet can’t be quashed in a casual manner: SC

New Delhi, June 4, 2012 (PTI): A charge sheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee, the Supreme Court has held. 

“In fact, charge sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action.

“Thus, a charge sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,” said a bench of justices B S Chauhan and Dipak Misra, in an order.

JUDGMENT ON TREATING THE JA & SA AS SINGLE PROMOTION

CLICK HERE TO OPEN 

An – Important CAT Decision : Abnormal delay in issuing a charge-sheet

Abnormal delay in issuing a charge-sheet to an employee for his omissions and commissions leads to quashing of charge-sheet and also return of recovered money, if any amount is recovered from the charge-sheeted employee

Facts: While the Applicant was working as Accountant with effect from 21.5.1996 and BCR with effect from 1.7.2007, he was issued with a charge-memo under rule 16 of CCS (CCA) Rules vide Memo, dated 11.12.2008 for a matter which related to October, 1997, i.e.more than 11 years old. A recovery of Rs1,94,791 was to be recovered as per the order of SPOs, Sitapur, dated 27.03.2009. His appeals were rejected. Hence he filed this OA for setting aside his punishment.

Sr. POSTMASTER CAT CASE UPDATE

Sr. Postmaster CAT case came up for hearing today before the Hon'ble CAT bench Chandigarh. Department has filed written reply. The case has been adjourned to 24.5.2012.

CAT, Hyderabad orders for Grade pay of Rs.5400 to ACP Inspectors

Download CAT Order dated 30.03.2012  
It’s been a long slow battle for Inspectors of Customs and Central Excise who have been granted non-functional upgradation under Assured Career Progression Scheme (ACP) to the grade of Superintendent of Customs and Central Excise prior to 1.9.2008, to get the grade pay of Rs.5400 after completion of 4 years of service in the pay scale of Rs.7500-12000 (pre-revised).

Read these previous articles of GConnect in this issue

Grade pay of Rs.5400 to ACP Inspectors

CBEC Ruled out higher grade pay to ACP Inspectors of Central Excise and Customs

REGULARIZATION OF CASUAL LABOURERS - WINS A LEGAL BATTLE

After waiting 30 years, 150 postal staff regularised

Chennai, Mar 9, 2012(TNN): After waiting for 30 years, close to 150 employees of the postal department will finally become regular employees, thanks to the intervention of the Central Administrative Tribunal ( CAT). A bench of G Shanthappa, judicial member and R Satapathy, administrative member, passed orders on the matter.

The applicants were appointed mazdoors with the department of posts in 1982. While joining, they were assured that their services would be regularised. Based on directions in a Supreme Court judgment, the department introduced a scheme in 1991 which stipulated that all casual labourers who worked for eight hours a day for 240 days every year as on November 29, 1989 would be conferred temporary status.

LEGAL BATTLE FOR JUSTICE CONTINUES FOR PENSIONERS

GOVERNMENT FILES APPEAL AGAINST PRINCIPAL CAT JUDGMENT ON MODIFIED PARITY IN PENSION TO PRE 1.1.2006 PENSIONERS

The Government has filed an Appeal against the 1ST November 2011 judgment of the Principal Bench of Delhi Central Administrative Tribunal on modified parity in pension to the pensioners retired prior to 1.1.2006. You may remember that the Principal Bench of Delhi CAT had directed implementation of OM dated 1.9.2008 based on the Government's Resolution dated 29.08.2008