CSIR scientist wins plea on promotion

The Central Administrative Tribunal (CAT) on Monday directed the Council of Scientific and Industrial Research (CSIR) to reassess the promotion prospects of senior scientist Gauhar Raza and set aside an earlier assessment of Mr. Raza's work done by the CSIR's Peer Committee.

Mr. Raza, an M.Tech. from IIT, Delhi, joined the CSIR in 1982 as Scientist IV(3).

In a petition filed before CAT, he argued that the organisation had deliberately delayed his promotion and held a single sitting for assessing his promotion, overlooking four consecutive chances due to him.

This despite Mr. Raza scoring “outstanding” grades for all the years of assessment. He also said that the CSIR's governing body had arbitrarily changed the rules of “Assessment and Promotions' and falsified his performance indicators.

The tribunal observed that wrong information had been placed before the Peer Committee. Judges V.K. Bali and L.K. Joshi quashed and set aside the proceedings of assessment made by the Peer Committee and directed the CSIR to “reassess the applicant for promotion to Scientist IV(6).”

Courtesy : The Hindu

Supreme Court comes to the rescue of miserable cop

DNA / Rakesh Bhatnagar / Friday, March 18, 2011 22:51 IST

The Supreme Court has invoked the Victor Hugo bestseller Les Miserables to grant relief to a youth who was sacked from the police force for not declaring his criminal past.

In the novel penned in 1862, the character Jean Valjean is jailed for stealing a loaf of bread for his hungry family and thereafter branded a thief all his life. Rejected and scorned everywhere and denied job opportunities, Jean becomes bitter and vows revenge on society and god. But an unthinkable act of mercy and generosity by a saintly small-town bishop drastically alters his life.

The court called for a similar “modern approach” of mercy to reform a person, “instead of branding him a criminal all his life”.

While applying for the post of a head constable in 1999, Delhi resident Sandeep Kumar concealed the fact that he was once arrested in a criminal case.

Later, after selection, in 2001, however, he mentioned in his self-attestation disclosure that he and members of his family were arrested for beating up a tenant in 1998.

The home ministry took serious note of this misconduct and ordered his removal. The central administrative tribunal upheld the government decision but the Delhi high court overturned the then police commissioner’s order removing Sandeep from the rolls.

In yet another thought-provoking judgment, a Supreme Court bench of justices Markandey Katju and Gyan Sudha Misra not only upheld the high court decision but also gave an altogether new dimension to the law regarding leniency.

When Sandeep had an altercation with his tenant, he must have been aged about 20 years. “At that young age people often commit indiscretions, and such indiscretions can often been condoned,” the court said, adding, “Condone minor indiscretions made by young people, rather than brand them criminals for the rest of their lives. After all, youth will be youth. They are not expected to behave in as mature a manner as older people.”

Sandeep’s offence, the judges said, was not “a serious offence such as murder, dacoity or rape”.

URL of the article: http://www.dnaindia.com/india/report_supreme-court-comes-to-the-rescue-of-miserable-cop_1521660-all

Notional promotions not bereft of monetary benefits: CAT

New Delhi, Jan 4 (PTI) Even a notional promotion accorded to a government servant cannot be bereft of its consequential monetary benefits, including pension and arrears, the Central Administrative Tribunal has ruled.
"If a wrong is done, consequential benefits must be given on notional promotion," said the CAT's Delhi-based principal bench, while asking Delhi Police to accord all pecuniary benefits to one of its officials, who had been earlier given notional promotion by it after his retirement.
The CAT's principal bench gave this ruling on an appeal by Assistant Sub-Inspector Ishwar Singh of Delhi Police, who had lost his job following his conviction by a trial court in a criminal case, but was eventually acquitted by the Supreme Court, albeit after August 2005, when he had already crossed his age of retirement.
Following his acquittal, the Delhi Police, in April 2008 notionally restored his services for the purpose of grant of pensions etc

Employees may not be able to challenge CAT judgement in SC

Bad news is in store for government employees contesting matters relating to their service conditions in the Central Administrative Tribunal (CAT) as they may not be able to challenge the judgement in the Supreme Court.

Government employees not satisfied with CAT orders on their service matters will continue to appeal in High Courts as government's plan to enable them approach the apex court directly has received a thumbs down from the top law officer.

Recently, the Department of Personnel had asked the Law Ministry whether the present system of CAT orders being challenged in High Courts be changed to fast track disposal of cases of government employees relating to their service conditions and employment rules.

The Law Ministry referred the matter to Attorney General Ghoolam Vahanvati who opined against the move saying a 1997 Supreme Court judgement on the issue should continued to be followed.

"As of now, the buck stops here (on the issue)," Law Minister M Veerappa Moily told PTI when asked to comment on Vahanvati's opinion.

He said his ministry was trying to find a solution. "But I would not like to add anything more to it," he added.

When the CAT was established in 1985 by an Act of Parliament, its rules clearly stated that its judgements on service related matters of state and central government employees can only be challenged in the apex court.

While the same rules is in operation even today, a 1997 Supreme Court ruling held that judicial review is the basic feature of the Constitution and a High Court's power on judicial review cannot be taken away.

After the judgement, appeals against CAT rulings were entertained in High Courts.

"The Armed Forces Tribunal Act has been borrowed from CAT. Appeals against Tribunal's orders can only be challenged in the Supreme Court. But in CAT's case, it has become a three tier system...the entire purpose of CAT has been defeated," said a CAT functionary.

He said while CAT usually disposes off a case in six months, appeal in High Court often takes years.

"They pay Rs 50 as fee to move CAT, but they have to pay thousands of rupees in High Court...if the matter reaches Supreme Court, the time and cost involved is massive," he said

Tribunal clears air on OBC job

New Delhi, Dec. 1 (PTI): The Central Administrative Tribunal has said the Centre will not reserve jobs for castes considered OBC by states but not by the Union government.

The tribunal passed the order on a petition by four members of the Jat community, recognised as an Other Backward Caste by the Delhi government, who sought appointment to posts reserved for OBCs in the Employees State Insurance Corporation, a central agency.

The petitioners pleaded before the tribunal that since the selection was to be made for the Delhi region, they, as Delhi residents, should be considered for appointment.

But the tribunal dismissed their petitions. The bench headed by V.K. Bali said: “In our opinion.... What is material is that the recruitment is being made for an agency of the central government.”

Departmental inquiry must before any stigmatic order: CAT

Express News Service Posted online: Wed Dec 01 2010, 04:47 hrs

Chandigarh : In a judgment with a far-reaching impact on employees serving on contract basis, the Chandigarh Bench of the Central Administrative Tribunal (CAT), headed by Justice S D Anand, has held that no contractual employee can be terminated by an order which is stigmatic in nature without holding a regular departmental inquiry. The order came on a petition filed by one Karamjit Singh, who worked as Director of Physical Education (DPE) in the Chandigarh Education Department on a contractual basis since August 2001. He was ordered to be terminated by the Education Secretary, UT Chandigarh, on July 23, 2009, on the allegation of resorting to corporal punishment to students while serving in Government Model Senior Secondary School, Sector 47, Chandigarh. Ranjivan Singh, counsel for the petitioner Karamjit Singh, argued that not only was the allegation against the petitioner - that he had resorted to corporal punishment to students on July 22, 2009 - false and baseless but no fair inquiry was held before holding the petitioner guilty. Thus, the termination of the petitioner was against the principles of natural justice, Singh contended. It was pointed out to the Bench that the termination of the petitioner was ordered despite the fact that the alleged victim students and their parents had approached the higher departmental authorities pleading the petitioner’s innocence. Setting aside the termination of the petitioner, the Bench allowed the petition filed by him whereby he claimed his reinstatement with effect from July 23, 2009, continuity of service and arrears of pay.

Relief to the family of GS who die while in service

Casual workers can't claim permanent appoitment as right: CAT

Press Trust Of India

New Delhi, November 16, 2010

A temporary employee or a casual wage earner cannot claim permanent appointment merely because he served beyond the period for which he was recruited, the Central Administrative Tribunal has held.

"Merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent," a bench of members M Chibber and AK Mishra said.

The Tribunal passed the order on an application by Umrav Singh Rawat, a temporary employee of Directorate General of Central Excise Intelligence, seeking regularisation of his services.

Rawat had contended that despite working satisfactorily, his services were terminated suddenly by the Directorate without giving him any notice.

The Directorate opposed Rawat's plea on the ground that the temporary status granted to him was withdrawn as his services were no longer required by it and being a contractual employee, he could not claim regularisation as a matter of right.

Citing an apex court ruling, the tribunal said casual employees cannot claim employment as a matter of right.

"It is clear that a person who is engaged on casual basis has no right to continue. His engagement comes to an end when it is discontinued," it said.

 

Procedure Simplified for issue of Disability Certificate

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules 1996 have been amended in December last year. The amended rules enable a simplified and decentralized procedure for issue of disability certificate. Disability certificate can now be issued by a single doctor in respect of obvious disabilities at the level Primary Health Centre (PHCs)/Government Medical Practitioner, Community Health Centres and Hospitals at the Sub-Divisional level. In case of non obvious disabilities, certificate can be issued by a specialist. Only in case of multiple disability, a Medical Board is required. Further, Medical Certificate is to be issued as far as possible within 7 days from the date of application but in any case not later than one month.

State Governments have also been requested to make similar amendments in their PwD Rules and notify their medical authorities accordingly.

A Committee consisting of representatives of various stake holders, experts in disabilities etc. has been set up in April this year to study the suggestions received from State Governments, concerned Central Ministries and several other sources on the proposed amendments to the PwD Act, 1995 and to prepare a new draft Legislation aligning it with the provisions of the United Nations Convention on the Rights of Persons with Disabilities.

This information was given by Shri. D. Napoleon, the Minister of State for Social Justice & Empowerment, in a written reply to a question in the Lok Sabha .

OBC quota only for fresh recruits

Ruling that the OBC quota policy is applicable only for fresh appointments, the Central Administrative Tribunal (CAT) has said the benefit cannot be claimed for posts that are filled by promotion.

The ruling came from a CAT bench of chairman VK Bali and vice-chairman LK Joshi on a petition by Income Tax Appellate Tribunal (ITAT) member Sunil Kumar Yadav, who complained that the government was not following the OBC quota policy for filling the posts of ITAT vice-presidents.

In his petition, Yadav pointed out that, according to a seniority list of ITAT members released on February 2, 2009, for appointments of nine vice-presidents; his name was the 17th. If the OBC quota rule were applied, two of the nine posts would go to OBC candidates, he had contended.

However, rejecting his plea, the CAT said OBC reservation benefits would not apply in filling the key posts, as these were appointments by promotions and not direct recruitments.

According to relevant government rules, reservation will be applicable only for direct recruitment and not in case of promotion, CAT emphasised.

"It is conceded position that, if at all 27% reservation is to be made for candidates belonging to OBC category, it would be applicable only as regards direct recruitment and not promotion," the CAT said.

Explaining what constituted a promotional appointment, the bench said: "If the list of candidates called for selection was only of serving employees and no claim of any outsider was considered, the same is not a direct recruitment but selection and appointment on the basis of promotion."

In his petition, Yadav alleged that the central government prepared the list of candidates for ITAT vice-presidents without complying with the mandate of reservation for OBC citizens envisaged under articles 16(4) of the Constitution.

Yadav had said the post of vice-president is a civil post, and is not classified as, scientific or technical post, which is out of the purview of reservation law.

© Copyright 2010 Hindustan Times

Admn order invites CAT ire

Express News Service Posted online: Fri Oct 29 2010, 03:48 hrs

Chandigarh : The Central Administrative Tribunal (CAT), Chandigarh, has expressed anguish on the orders being passed by the Chandigarh Administration in terms of administration. Dismissing an application filed by one Narinder Kumar, resident of Sector 37-A, Chandigarh, who had sought promotion to the post of Head of Department in Institute of Polytechnic, a division bench comprising Justice (retd) S D Anand (judicial member) and Khushi Ram (administrative member of the Tribunal) held the application was devoid of merit. The Bench disapproved the conduct of the Administration in not passing orders on administrative side without reasons.
Speaking for the Bench, Justice S D Anand said, “Whenever an employee raises a claim before the competent administrative authorities the latter must notice each item from what the claimant draws sustenance and then to negative it by indicating the precise reasons thereof. If the claim is negated for want of any rule authorising it, the order must state so. If there is indeed is a rule in the context but the claimant does not make the benchmark the order must say so. If there is any other cause justifying the negation of the claim, even then the order must indicate it. The order must announce the result and also the basis thereof.” However, the Bench has made it clear that the observations are not aimed at any specific department. “We would like to express our anguish about the manner in which competent authorities have been found to have been granting orders on the administrative side. Before proceeding further it may be clarified that idea of penning our sentiments which stem from whatever we have been observing the course of adjudicatory functioning, is to inform all concerned to grant self contained orders. These observations are not meant to be directed at any particular department including the competent authority,”the order reads.
Narinder alleged he had not been considered for promotion, wrongly.

Transfer on deputation - regarding

Open publication - Free publishing - More deputation

Consolidated i nstructions on Regularization of Unauthorized Absence.

Open publication - Free publishing - More service

MACPS in ICAR

CAT tells govt to strip employee of ST benefits

HYDERABAD: The Central Administrative Tribunal (CAT) on Wednesday directed the Union finance secretary and the Hyderabad zone chief commissioner of central excise to withdraw all the benefits extended to a non tribal employee under the Scheduled Tribe (ST) quota.

The bench comprising CAT’s vice chairman justice P Lakshmana Reddy and administration member R Santhanam, while delivering its verdict on a petition filed by a retired administrative officer of central excise, however, set aside the order issued by the authorities dismissing her from service for furnishing a fake ST certificate to secure her job.

The petitioner, B Susheela Devi, claimed the scheduled tribe status and joined the department in 1971 as a lower divisional clerk (LDC) and in the next three decades rose to become an administration officer under the quota. When criminal proceedings were launched against her after it was found out that her Schedule Tribe status was not genuine, Susheela Devi opted to take voluntary retirement in 2004. But when the authorities rejected plea, she approached the A P High Court contending that it was her father who got her registered as belonging to scheduled tribe in school records and that she genuinely believed it. The high court, after taking a written undertaking that neither she nor her children would use the ST status in future, directed the authorities to drop the criminal proceedings against her.
The CAT too issued a similar direction to the authorities and asked the authorities to revert her status to open category (OC) and calculate her growth in accordance with that proposition.

Any promotions or incentives or benefits given to her under the ST quota should be taken back and pension fixed accordingly, the bench said and gave six months time to the authorities to implement the order. 

 

'Govt employee has fundamental right to be considered for promotion'

The Supreme Court has ruled that a Government employee has a fundamental right to be considered for promotion and it is mandatory for the Centre and States to carry out cadre review of eligible officers for promotion to the Indian Administrative Service (IAS).

"The right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16(Equality of opportunity in matter of public employment) of the Constitution," a bench comprising Justices R V Raveendran and A K Ganguly held in a recent judgement.

The apex court passed the judgement while directing the Centre and the UP Government to consider the promotion of two State cadre officers-Hemraj Singh Chauhan and Ramnawal Singh to the IAS.

"We hold that the statutory duty which is cast on the State Government and the Central Government to undertake the cadre review exercise every five years is ordinarily mandatory subject to exceptions which may be justified in the facts of a given case," the bench said.

Both the Centre and the UP government had challenged the direction of the Delhi High Court to consider the two officials' promotion due to them in 2003 since the cadre review exercise was undertaken by the State government only in 2005. This was done despite repeated reminders from the Centre.

The guarantee of a fair consideration in matters of promotion under Article 16 virtually flows from guarantee of equality under Article 14(Equality before Law) of the Constitution," the apex court said while upholding the high court's judgement.

The apex court ruled that state governments are under obligation to recommend names of its administrative officers every five years to the Centre for their promotion to the IAS and pulled up the UP government for failing to do so despite several reminders from the Union Government.

The court said that a government cannot deny an eligible state officer from being promoted due to the delay on its part in conducting such exercise and pulled it up for "lethargic" approach resulting in two state officers being denied promotion.

"It is clear that legitimate expectations of the state officers of being considered for promotion has been defeated by the acts of the government and if not of the Central Government, certainly the unreasonable inaction on the part of the state government stood in the way of the officers' chances of promotion," the court said.

"The Court is satisfied that in this case for the delayed exercise of statutory function the Government has not offered any plausible explanation. The state officers cannot be made in any way responsible for the delay," the court added.

 

Don't dismiss personnel while appeal is pending: CAT

New Delhi, Mar 24 (PTI) The Central Administrative Tribunal (CAT) has advised the Delhi Police against terminating services of personnel who are already convicted for an offence but whose appeals are still pending before higher courts.

The Tribunal passed the order while giving relief to a former Delhi Police constable, convicted in 2007 by a lower court but was granted bail by the Delhi High Court in 2009.

"Normally, a person who is undergoing imprisonment, will not be entitled to get reinstatement, as the two concepts do not go together. But that does not automatically mean that the Deputy Commissioner or Joint Commissioner were within their rights, to pass orders terminating the services of the applicant on the basis of the conviction, when an appeal was pending before the High Court," the Tribunal said.

No regular pay scale for contractual posts: CAT

New Delhi, Mar 11 (PTI) The subsequent merger of a contractual post into a regular establishment of a government department will not entitle an employee to claim a regular pay scale, the Central Administrative Tribunal has held.

The Tribunal was hearing a matter of an ex-armyman Jai Ram Solanki, appointed on contractual basis, who demanded the regular pay scale associated with Office Superintendent after the regular establishment of MCD took over the post in 2001.

"The appointment was purely on contractual basis for a particular project with certain stipulations which included payment of a fixed remuneration. Thus, claim for a regular pay scale would not be tenable. Again, even the subsequent merger of the post in the regular establishment of the MCD would not give him any such right," it said.

Mobility of personnel amongst Central /State & Autonomous Bodies while working under Pensionable establishments - regarding.

Seniority not a fundamental right: CAT

New Delhi, Mar 5 (PTI) The Central Administrative Tribunal has refused to set aside an order by the MCD revising the seniority list of its junior stenographers, saying that it cannot be claimed as a "fundamental right".
"As per the settled law, seniority is not a fundamental right of a public employee. It is only a civil right. There cannot be any change in this contrary to the principles of natural justice," the Tribunal bench, comprising Members Shanker Raju and Veena Chhotray, said.
It dismissed the petition of junior stenographers seeking to set aside the order of the civic agency which had revised their 1988 seniority list.
The Tribunal noted that seniority list of junior stenographers was revised in 2000 by the MCD after duly considering the objections invited by it after circulating a provisional seniority list.