Explained | Supreme Court verdict on claim of maternity benefits beyond the duration of contractual employment
“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”
Central Administrative Tribunal
Explained | SC sets aside Orissa HC’s order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
Applying reduced commutation factor without considering corresponding basic pay is contrary to CCS (Commutation of Pension) Rules, 1981: Delhi High Court
“The Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the Central Civil Services (Commutation of Pension) Rules, 1981 and commutation value expressed as number of years of purchase, prejudicial to the petitioner cannot be applied.”
Chairman and Vice-Chairman of Central Administrative Tribunal entitled to same retirement benefits as available to High Court Judges: Allahabad High Court
The benefit of Domestic Help Allowance is a retirement benefit and hence it will be included in the expression ‘pension’ as occurring in Section 2(gg) of High Court Judges (Conditions of Service) Act 1954.
Meghalaya High Court quashes plea of a Military engineer against her transfer order on the grounds of her minor children
The Court said that petitioner was always aware that her job was transferable and had no cogent grounds to resist the order of transfer.
Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers
The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”
“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order
Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord
Classification of posts and determination of pay structure falls within Executive’s exclusive domain, Courts and Tribunals should not interfere; Supreme Court reiterates
“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court
Can Scientist in NTRO be entitled to pensionary benefits, if she is relieved before completion of probation period? Supreme Court answers
Supreme Court held that the respondent could not have been given the pensionary benefits as Scientist -H in NTRO, as before her probation period was completed, she was relieved.
[IFS Examination] Walking test of 25 kms is an obligatory stipulation which needs to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement: Delhi High Court
The Delhi High Court held that the walking test of completing 25 kilometers would be an obligatory stipulation and needed to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement consistent with requirements of the identified service/post as may be prescribed by its Cadre Controlling Authority for the Indian Forest Service Examination.
Punjab and Haryana High Court directs restoration of pension to remarried widow
The Court held that Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband's brother to get extraordinary pension.
[DSSSB] CAT, Delhi directs State to constitute an expert body to examine the Answer Key for question paper for the post of Librarian
Central Administrative Tribunal, Delhi: In an original application filed by the applicant seeking to quash the answer key for Questions
Rajasthan High Court| Vacancy caused due to resignation of selected candidate must be readvertised and filled up by fresh selection
In the case at hand, the vacancy advertised stood exhausted with the appointment of a candidate, and the petitioner was, hence, held not entitled to the appointment on the post so advertised.
Deepika Singh v. Central Administrative Tribunal – Path Shone by the Supreme Court
by Ishan Chauhan† and Harshdeep Singh††
CAT | Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers
Central Administrative Tribunal: Mohd. Jamshed, Member (A), held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their
New guidelines for hearing of cases by CAT in Green, Orange & Red Zones
As directed by the Hon’ble Chairman, Central Administrative Tribunal, New Delhi, the following Notification is issued: The functioning of the Principal Bench
P&H HC | Not possessing essential qualification is no ground for termination of service when skill to work is upto mark
Punjab and Haryana High Court: A Division Bench of Rajiv Sharma and Harinder Singh Sidhu JJ., set aside the decision of the
Pat HC | Petition pertaining to compassionate appointment filed after a delay of ten years – barred by laches
Patna High Court: The Division Bench of Amreshwar Pratap Sahi and Anjana Mishra, JJ. rejected a petition assailing the order delivered by
Matters not raised on previous litigation not covered by res judicata; no illegality found in the order of Central Administrative Tribunal
Allahabad High Court: A writ petition was filed by Union of India and the Railway Administration before a Division Bench comprising of