Observations of Hon’ble CAT, Cuttack Bench, Cuttack in OA No. 1023, 1024, 1026 and 1027 of 2019
Category: CAT
Guidelines for hearing of cases by CAT in Green, Orange & Red Zones
New guidelines for hearing of cases by CAT in Green, Orange & Red Zones
Posted On: 02 MAY 2020 1:25PM by PIB Delhi
As directed by the Hon’ble Chairman, Central Administrative Tribunal, New Delhi, the following Notification is issued:
The functioning of the Principal Bench of the Central Administrative Tribunal and its other Benches across the Country was suspended in view of the lockdown announced by the Ministry of Home Affairs, Government of India vide Orders dt: 24.03.2020 and the subsequent order of extension dt: 14.04.2020 till 03.05.2020. The MHA issued Order dt: 01.05.2020 providing guidelines for identification of the RED (hotspots), GREEN and ORANGE Zones, depending on the severity of COVID-19 cases and the nature of activities that are prohibited and permitted in the zones so declared. Taking these developments into account, the following instructions, as regards the functioning of the Central Administrative Tribunal, are issued:
Wherever the Benches/Courts are located in GREEN zones, they shall function duly following the guidelines that are issued by the MHA such as maintaining the Social Distance, making the sanitary arrangements and avoiding the direct contact. To the extent possible, the method of functioning of the High Courts in the concerned area shall be adopted. The Head of the Department (HoD) of the concerned Bench shall take decisions in this behalf in consultation with the President of the Bar Association. The feedback as to the convenience of the employees and their method of functioning shall be taken from the Registrar of the Bench. The decisions taken in this regard shall be forthwith forwarded to the Registry of the Principal Bench.
As regards the Benches that are in RED (lockdown areas) and ORANGE Zones, the cases of urgent nature can be filed through electronic mail service (e-mail) by contacting the Registrar of the concerned Bench, who in turn shall furnish the e-mail id to the intending Advocate or Party. If the Registry is satisfied that the OA is otherwise in order and needs to be dealt with urgently, the HoD of the Bench shall be informed of the same. The HoD in turn shall decide whether or not to take up the case. If it is proposed to hear the case, it shall be done through CISCO WEBEX online Video Conferencing Facility.
The details thereof shall be worked out by the HoD of the Benches in consultation with the Registry of the Principal Bench. It shall be ensured that the participants in the Video Conference put on the apparel or at least, are properly dressed.
If the Advocates of the Bar Association of such Benches are agreeable for hearing of pending cases through such mechanism, the cases shall be identified by the registry and hearing thereof shall take place through the same system in a time slot that may be decided by the HoD on daily basis.
This arrangement shall be in force till 17.05.2020 or until further orders.
Functioning of the Benches of the Central Administrative Tribunal will remain suspended till 03.05.2020
Functioning of the Benches of the Central Administrative Tribunal will remain suspended till 03.05.2020.
Posted On: 21 APR 2020 3:00PM by PIB Delhi
It must be recalled that in the press note issued on 14.04.2020, it was mentioned that the possibility of functioning of the Benches of the Central Administrative Tribunal would be examined after 20.04.2020, depending upon the decision which the government may take as regards the lockdown.
The government announced the relaxation of conditions of lockdown in respect of certain activities. They are aimed at ensuring the transport and supply of essential commodities and in particular food grains; apart from the measures to provide livelihood to the poorer sections. The offices are permitted to function in a highly restricted manner without permitting entry of, or any physical contact with, the public in general.
The information received so far has also revealed that the High Courts are not functioning and exceptional cases are dealt with through video conferencing. In almost all places, the Benches are located at hotspots. The representatives of Bar have also expressed their difficulty in filing or pursuing the cases in this situation.
It is therefore decided that the functioning of, and hearing in, the Benches of the Central Administrative Tribunal shall remain suspended till 03.05.2020. The feasibility of working on certain days already declared as holidays or vacation shall also be considered once the functioning begins.
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CAT Case regarding special allowance to PO & RMS Accountant
PO & RMS Accountants Delhi Circle have filed OA 724 of 2019 for their representation of August 2018 onwards. Case Filed in January 2019 after exhausting all remedies available with the Department. Now after ten months hard practice, Department has filed the counter reply which is as under –
RTP PRINCIPAL CAT CASE The next date of hearing???
RTP PRINCIPAL CAT CASE – Next Hearing on 02.05.2019
CAT Direction regarding eligibility for appearing Examination
Outcome of the Hon’ble CAT, Chandigarh Bench OA No 1434/2017 which was disposed of with directions on 04/12/2017
Dear Members,
The Hon’ble Directorate has clarified that all the officials who were promoted to Postmaster Grade-I on the basis of the result of LDCE declared on 30th June, 2011 and got posting order even in February, 2012, had completed 5 years service as on 01.04.2016 and become eligible for promotion by virtue of relaxation provided vide Directorate letter dated 28.04.2016. Unfortunately many circles like Punjab, Karnataka, Hariyana, Uttarakhand etc did not render regular promotion to those officers of Postmaster Grade-I to Postmaster Grade-II by virtue of such relaxation provided by the Directorate.
Hence all the affected members of AIAPC are requested to provide their details viz. Name, Designation, Office of Posting with Division & Circle, Date of Joining in Postmaster Grade-I, Position in Circle Gradation / Seniority List, Number of vacant Postmaster Grade-II posts of their respective circle for the period from 2011-2012 to 2016-17, Number of candidates promoted to Postmaster Grade-II of their respective circle for the period from 2011-2012 to 2016-17 etc to enable this association to make available of specific cases to the Hon’ble Directorate to facilitate it’s early decision.
Courtesy : http://aiapcchq.blogspot.com/2018/10/outcome-of-honble-cat-chandigarh-bench.html
Important CAT Judgement
O R D E R
The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission’s recommendations, which came into effect w.e.f. 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.
2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2016 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner’s Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of the said letter is extracted below:
“2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto 3 (OA No.571/2017) midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016.”
Read Complete Order Copy by clicking below link
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AAO: Implementation of CAT Order in respect of educationists AAOs
No. A-60015/1/2017/MF.CGA(A)/NGE/CPGRAM/474
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CONTROLLER GENERAL OF ACCOUNTS
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA
New Delhi-110023
Dated: 14th September, 2018
OFFICE MEMORANDUM
Sub: Implementation of Pay fixation orders in terms of the Hon’ble CAT, Principal Bench, New Delhi’s order dated 6th March, 2017.
Reference is invited to this office OM No. A-60015/1/2017/MF CGA(A)/NGE/647 dated 13th February, 2018 on the subject mentioned above vide which AAOs of CCAS consequent to implementation of 6th CPC w.e.f. 01.01.2006 were allowed minimum entry pay from the date of their promotion as AAO.
It is mentioned that some officials of other Accounts Service were posted as AAO on deputation basis in the various offices under Civil Accounts Organization during the period 01.01.2006 to 31.12.2015. The clarification on the matter whether such benefit extended to deputationist AAOs has been sought from Department of Expenditure. The matter at present is under consideration in the Department. In this regard, it is requested to provide details in respect of such Assistant Accounts Officers in the enclosed proforma.
This issues with the approval of Joint Controller General of Accounts.
(S. K. Gupta)
Sr. Accounts Officer
Source : http://cga.nic.in//writereaddata/file/ImplemntPayFixation47414092018.pdf