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.

Compassionate appointments not a matter of right: SC

New Delhi May 28, 2012(PTI): Appointments in government offices on compassionate grounds cannot be claimed as a right and they are permissible only in genuine cases as per rules, else it would violate the Constitution, the Supreme Court has ruled. 

“Appointment on compassionate grounds cannot be claimed as a matter of right. As a rule, public service appointments should be made strictly on the basis of open invitation of applications and merit.

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.

High Court Decision

New Delhi, May 14, 2012(HT): The Delhi High Court has ruled that if an employee remains absent for long owing to medical emergency in the family, resultant domestic problems and submits proof of it, he cannot be dismissed for taking ‘unauthorised’ or ‘excessive’ leave.

“Once the enquiry officer was satisfied that the delinquent employee had taken leave, though excessive, for the sickness of his wife and that medical documents had also been given by him, the enquiry officer had no business to say the workman was guilty of availing excessive leave,”Justice PK Bhasin ruled.

Labour court order on CPCL set aside Courtesy Deccan Chronicle, Chennai 13th May 2012

The Madras high court has set aside an order of the labour court that directed the Chennai Petroleum Corporation Limited (CPCL), previously known as Madras Refineries Limited (MRL), to absorb the members of a trade union, numbering 381 workers, into the service of CPCL with retrospective effect from the date of their initial entry into the service of MRL Industrial Co-operative Service Society Limited (INDCO Serve) with resultant back wages and attendant benefits.

Stepping Up Judgment

To get the Judgment on Stepping Up of pay in ACP Promotions

Click Here

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

HC directs compensation to deceased CBI officer”s family

New Delhi, Feb 26,2012 (PTI): Nearly nine years after the death of a young CBI officer in a road accident, the Delhi High Court has directed the insurancecompany to pay Rs 23.5 lakh as compensation to his family.

It also directed the company to pay Rs 3.5 lakh to a senior officer, who became permanently disabled, and further ordered Rs 1.5 lakh to be paid to another CBI officer who had sustained injuries in the accident that had taken place on May 21, 2003.

While hearing the petition of Anita Pathak for enhancement of compensation awarded by the Motor Accident Claimant Tribunal