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July 2010 PDF Print E-mail
Tuesday, 20 July 2010 05:47

I. Important Government Orders

S. No. Ministry / Dept. Date Particulars
Deputation and Foreign Service
114. Per. & Trg. 17-6-10 Transfer on deputation / foreign service of Central Government Employees to ex cadre posts under the Central Government / State Governments / Public Sector Undertakings / Autonomous Bodies, Universities / UT Administration, Local Bodies, etc. and vice-versa - Regulation of pay, Deputation (Duty) Allowance, tenure of deputation / foreign service and other terms and conditions.
Medical Facilities
115. Health 19-5-10 Annual re-verification of doctors appointed as AMA under CS (MA) Rules, 1944 - clarification.
116. " 8-6-10 Demand of the Staff Side, National Council (JCM) for permission for OPD consultation for CGHS beneficiaries in hospitals run by Public Sector Undertakings.
Pay, DA, etc.
117. Per. & Trg. 16-6-10 Extension of Risk Allowance
Pension and Gratuity
118. Pen. & P.W. 26-5-10 Grant of Fixed Medical Allowance to the Central Government Pensioners residing in areas not covered under CGHS.
119. Pen. P.W. 15-6-10 Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave / unauthorized absence / suspension as on 1-1-2006 and retired / died thereafter without joining duty.
120. " 22-6-10 Procedure for inclusion of names of the widowed or divorced or unmarried daughter / parents / dependent disabled siblings (i.e. brothers and sisters) in the PPO.
Postal Gramin Dak Sevak
121. Posts 10-6-10 Payment of second instalment of 60% arrears on account of implementation of Shri R. S> Natrajan Murti Committee Recommendations on revision of wage-structure of Gramin Dak Sevaks (GDS).

Recruitment, Seniority, DPC and Promotion
122. Per. & Trg. 9-3-10 Mode RRs for the post of Lower Division Clerk
123. " 18-5-10 Participation by Central Government servants in sporting events and tournaments of National or International importance.
124. Posts 20-5-10 Modified Assured Career Progression Scheme for the Central Government Civilian employees - corrigendum.
125. Per. & Trg. 10-6-10 Non-Functional Upgradation (NFU) for officers of organized Group 'A' services in PB-3 and PB-4.
126. Posts 10-6-10 (i) Rotational Transfer / (ii) Posting Policy for officials granted financial upgradation under Modified Assured Career Progression Scheme (MACPS).
SC/ST/OBC Employees
127. " 4-6-10 Inclusion of SC/ST category and Minority Community members in the Selection Boards / Committees
T.A., LTC and Joining Time
128. Finance 8-6-10 T.A. Rules - Transport of Personal Goods.
129. " 11-6-10 T.A. Rules - entitlements to hotel accommodation, taxi charges and reimbursement of food bills.
130. Per. & Trg. 18-6-10 CCS (LTC) Rules, 1988 - Relaxation for travel by air to visit J & K.
Miscellaneous
131. " 21-6-10 Holidays to be observed in Central Government Offices during the year 2011.
Railways
132. Railway 31-3-10 Penalty of withholding of increment imposed under Fifth Central Pay Commission scales and operated as per Sixth Central Pay Commission Scales effective from 1-1-2006.
133. " 19-4-10 Recommendation of the Sixth Central Pay Commission relating to encashment of leave.
134. " 10-5-10 Transport Allowance to blind and orthopaedically handicapped Railway employees - Clarification.

 

 

II. Case - Law Section

Sl. No. Subject Name of Parties, Citation and Date of Judgment
Tribunal Judgments
Appointments
76. As per Railway Board Circular No. 92 of 2006, compassionate ground appointment to the wife / wards / dependants of partially medically de-categorized staff who seek voluntary retirement may be given. The conditions in that Board Circular are not applicable in case where ex-employee has voluntarily retired on totally medical decategorization. Joseph Sunder Raj v. Union of India represented by General Manager, South Central Railway and others, 7/2010, SwamysnewS 55, (Hyderabad) - (17-11-2009) - O. A. No. 826 of 2009.
CCS (CCA) Rules
77. Issuance of two charge-sheets for the same cause of action, appointing two inquiry officers and then clubbing the contrary reports and passing of punishment order on the basis of these reports is an irregular procedure. Rakesh Kumar Jain v. Munbicipal Corporation of Delhi through its Commissioner, 7/2010, SwamysnewS 57, (Principal Bench) - (7-12-2009) - O. A. No. 590 of 2009.
78. Suspension of an employee beyond one year when no charge-memo had been issued is not in accordance with the laid down norms and hence legally impermissible. S. Subashchandran v. Superintendent, R.M.S., Ernakulam and others, 7/2010, SwamysnewS 58, (Ernakulam) - (19-11-2009) - O.A. No. 535 of 2009.
Confidential Reports
79. All entries below "Outstanding" in ACR has to be communicated to the employee to enable him to represent against the grading, if he sochooses as otherwise the grading may mar his promotional chances or other benefits.
 Dr. Pallki Nagesh v. Director-General, Indian Council of Agricultural Research and others, 7/2010, SwamysnewS 60, (Hyderabad) - (16-12-2009) - O. A. No. 184 of 2008.
Pay and Allowances
80. The scale of pay of the Applicants who were re-employed as Tax Assistant or Sr. Tax Assistant on abolition of the posts of Assistant Teachers in Mana Camp, Madhya Pradesh fixing their scale of pay personal to them to protect their pay drawn by them while working as teachers is to be refixed in the scale of pay Rs.5,000-8,000 in Fifth Pay Commission if the scale of pay of Assistant Teachers in Mana Camp from where they were taken as Tax Assistant is Rs.1,400-2,600 in Fourth Pay Commission Scales. Smt. Mira Dutta and others v. Secretary, Ministry of Finance, Government of India and others, 7/2010, SwamysnewS 61, (Calcutta) - (19-2-2010) O.A. No. 634 of 2003.
Pension Rules
81. Family Pension being a welfare scheme has to be construed liberally and not in pedantic manner. A welfare state is to adopt an approach which advances the welfare of the people. Baba Singh v. Union of India, Ministry of Defence and another, 7/2010. SwamysnewS 63, (Jabalpur) - (8-9-2009) - O. A. No. 186 of 2009.
82. Non-supply of documents to the retired charges employee, such as Union Public Service Commission's advice, President's order, etc., violates the proceedings of the R.S. (Discipline and Appeal) Rules, 1965 as principle of natural justice is not followed in the proceedings. Shyamlal Roy v. Union of India and others, 7/2010, SwamysnewS 66, (Calcutta) - (9-2-2010) - O.A. No. 526 of 2004.
Postal Gramin Dak Sevaks
83. Appointment made based on fraudulent records cannot be sustained. Further, the candidate in the panel who strive hard to unearth the fraud by spending his time, energy and resources cannot be allowed to go without benefit to his efforts and hence if that empanelled candidate is eligible to be appointed, his case cannot be overlooked by abolishing that panel and resorting to fresh initiation for formation of a panel for the same post. Deep Chand S/o, Mewa Lal of Sayoyee Village v. Union of India through Secretary (Postal), Department of Posts and others, 7/2010, SwamysnewS 69, (Allahabad) - (2-2-2010) - O.A. no. 51 of 2005.
84. A casual GDS employee engaged in different post offices and in different periods on temporary basis against temporary vacancies caused due to deputation of regular incumbents cannot be regularized. Shri Mintul Ali v. Secretary, Department of Posts and others, 7/2010, SwamysnewS 71, (Guwahati) - (11-1-2010) - O.A. No. 38 of 2008.
Promotion
85. Financial Benefits to be granted to the Applicant herein under Assured Career Progression Scheme has to be reviewed in terms of Department of Personnel and Training, O.M. No. 22011/9/98-Estt. (D), dated 16-2-2000 without taking into account the un-communicated adverse entries in his confidential reports. P. Sankar Reddy v. Secretary, Ministry of Agriculture and others, 7/2010, SwamysnewS 72, (Hyderabad) - (16-12-2009) - O.A. No. 38 of 2008.
86. Second ACP benefits has to be granted to an employee as per rule if he is not spared for promotion on administrative grounds when promotion is ordered. Samir Kumar Dutta v. General Manager, S.E. Railway and others, 7/2010 SwamysnewS 73, (Calcullat) - (10-2-2010) - O.A. No. 286 of 2005.
Reservation
87. SC/ST/OBC candidates are to be appointed provisionally in the first instance on the basis of whatever prima facie evidence they are able to produce of their caste including Members of Parliament / Legislatives and such claim should be verified through District Magistrate of place where the candidates and / or his family resides. Shri. Anil Das v. General Manager, Eastern Railway and others, 7/2010, SwamysnewS 75, (calcutta) - (23-12-2009) - O.A. No. 858 of 2009 and 11 other O.A.s
Miscellaneous
88. "Durwans" of the Metal and Steel Factory, Ichapur, Ministry of Defence and similarly placed Durwans of the Indian Ordanance Factories under Ministry of Defence are entitled for "Night Duty Allowance" in accordance in the rules. Sanjay Kr. Bondopadhyay and others, Tamal Mitra and others, Srikanta Das and others v. Secretary, Ministry of Defence Production and supplies and others, 7/2010, SwamysnewS 77, (Calcutta) - (4-11-2009) - O.A. No 386 of 2003, O.A. No, 386 of 2003, O.A. No. 388 of 2003 and M.A. Nos. 164 and 165 of 2003.
89. Excexx Transport Allowance allowed in the present case due to reversal of measurement of distance to be covered by the employee to reach the portico of the main office building from their residence should not be recovered as it was the reversal of policy for the measurement and the error of measurement of distance by the Respondents in which the Applicant had no part to play. Dr. P. Anithakumari and others v. Director Central Plantation Crops Research Institute, 7/2010, SwamysnewS 79, (Ernakulam) - (11-3-2009) - O.A. No.53 of 2008.
90. Exceptional circumstances for undergoing improved Medical Treatment, as LSCS in the present case, cannot be desired by t he hospital exceeding the charges as stipulated for that treatment under normal circumstances in CS (MA) Rules as dictated by common prudence. Veena Bhatia v. Chairman, Telecom Commission and others 7/2010, SwamysnewS 80, (Principal Bench) - (2-4-2009) - T.A. No. 606 of 2009.
91. Reimbursement of charges for the medical treatment undergone in Singapore, where only the facility for treatment for cancer to provide unrelated Umbilical Cord Blood and Stem Cell Transplantation is available, is a right as right to live is provided in Article 21 of the Constitution. Dr. Ravi Pathak v. Ministry of Health and Family Welfare, 7/2010, SwamysnewS 82, (Principal Bench) - (30-3-2009) - O.A. No. 638 of 2008.
 
June 2010 PDF Print E-mail
Monday, 28 June 2010 20:55

Important Government Orders

Sl. No. Ministry / Dept. Date Particulars
Central Administrative Tribunal
96. Per. & Trg. 31-3-10 Amendment to Section 14 of the Administrative Tribunals Act, 1985.
Confidential Reports
97. " 27-4-10 ACRs with below benchmark grading considered in past DPCs
Discipline
98. " 19-4-10 CCS (conduct) Rules, 1974 - Submission of representations by Government Servants - instructions.
99. " 5-5-10 CCS (conduct) Rules, 1964 - Submission of representations by Government Servants - corrections.
100. " 12-5-10 Formation of a Committee of Experts to examine and suggest measures to expedite the process involved in disciplinary / vigilance proceedings.
GFR, CTR and CAM
101. Finance 13-4-10 Laying on the Table of the House Annual Report and Audited Accounts of Private and voluntary organizations receiving grants-in-aid - reiterations of GFR 2005 provisions.
Income Tax
102. Finance 20-1-10 Income Tax Deduction from salaries during FY 2009-10 - Board's Circular No. 1/2010, dated 11-1-2010 -- corrigendum.
Medical Facilities
103. Health 6-5-10 Recognition of Upadhyay Hospital, Shaheed Nagar Crossing at Agra for treatment of Central Government employees under CS (MA) Rules, 1944.
Retirement, Seniority, DPC and Promotion
104. Per. & Trg. 30-4-10 Model Recruitment Rules for Group 'C' Posts in Pay Band - 1 with Grade Pay of Rs.1,800 (pre-revised Group 'D' Posts).
105. " 3-5-10 Constitution of a Joint Committee to examine the anomalies pertaining to the Modified Assured Career Progression Scheme.
106. " 12-5-10 Recruitment to Group 'C' posts in Pay Band - 1 with Grade Pay of Rs. 1,800 (Pre-revised Group 'D' posts) - intimation of requirements to Staff Selection Commission.
107. " 13-5-10 Policy on fixing an upper limit on the number of years for which officers can work in the personal staff of Ministers in their entire careers.
108. " 17-5-10 Skill Test for recruitment to the post of LDCs and Stenographers.
109. " 17-5-10 Model RRs for the post of Lower Division Clerk
110. " 18-5-10 Model RRs for Stenographers, Grade II post in Non-Secretariat Organizations.
TA, LTC, and Joining Time
111. " 23-4-10 CCS (LTC) Rules, 1988 - Relaxation for Travel by air to visit NER
Miscellaneous
112. Dte. of Estates 16-4-10 Indicating locality choices in DE-2 Form while applying for higher type quarters (Type IV Special and above type).
113. Per. & Trg. 27-4-10 Disclosure of third party information under the RTI Act 2005.

 

 

Case - Law Section

Sl. No. Subject Name of Parties, Citation and Date of Judgment
Tribunal Judgments
CCS (CCA) Rules
63. Abnormal delay in the process of issuing charge-sheet for an alleged misconduct of a Government servant leads to setting aside of that charge-sheet. Dr. S.K. Sharma v. Secretary, Ministry of Urban Development and another, 6/2010, SwamysnewS 50, (Principal Bench) - (24-8-2009) - O.A. No. 1975 of 2008.
64. Inordinate and inexplicable delay in issuing a charge-sheet to an alleged delinquent employee may lead to setting aside of charge-sheet. M.S.Bhatia v. Secretary (Revenue), Ministry of Finance and another, 6/2010, SwamysnewS 52, (Principal Bench) - (21-8-2009) - O.A. No. 1087 of 2009.
Pension Rules
65. Recovery of substantial amount from the pensionary benefits due to an undetected error in fixation of pay long back is not permissible. Shri. J. B. Gulkari v. Divisional Railway Manager, Nagpur Division, Central Railway and another, 6/2010, SwamysnewS 55, (Bombay Bench, Camp at Nagpur) - (7-10-2009) - O.A. No. 2233 of 2001.
Postal Gramin Dak Sevaks
66. Termination of Public Employment, in the present case from the public employment of Gramin Dak Sevak Branch Postmaster (GDS BPM), is to be followed without violation of Articles 14, 16, and 309 of the Constitution. Umesh Pritamal Yede v. Director of Postal Services, Nagpur Region and others, 6/2010, SwamysnewS 56, (Bombay Bench, Camp at Nagpur) - (21-7-2009) O. A. No 2074 of 2005.
Promotion
67. Ameritorious candidate cannot be denied empanelment in the Departmental Competitive Examination on account of expressing religious sentiment in writing in his answer sheet unless the examinees were informed beforehand in writing to avoid expressing such religious sentiments in their answer sheet, which will be construed as identifying their answer sheets by the examiner. Mrs. Swati Satish Chitnis and another v. General Manager, Central Railway and others, 6/2010, SwamysnewS 58, (Bombay) - (15-6-2009) - O.A. No. 341 of 2008.
68.1 Applicants have to approach a judicial fora with clean hands which emanates from the branch of justice called equity. Sita Ram v. Secretary of Ministry of Defence and others, 6/2010, SwamysnewS 60, (Chandigarh) - (3-8-2009) - O.A. Nos. 153-PB and 357-PB-2007.
68.2 An equitable rule extended to domain of law, it is necessary to cautious while applying it particularly where fundamental legal rights are involved. Sita Ram v. Secretary of Ministry of Defence and Others, 6/2010, SwamysnewS 60 (Chandigarh)- (3-8-2009) - O.A. Nos. 153-PB and 357-PB-2007
68.3 The Applicant in this OA has not approached Tribunal with clean hands and has indulged in bench hunting exercise for the same or similar type of relief for which he is not entitled to any relief and for that reason he was imposed of costs of Rs.10,000 payable to Central Administrative Tribunal Bar Association. --do--
69. Post of Postman, if available to an OBC candidadate and for that matter to any reserved community candidadte, the most suitable senior reserved community candidadte should be appointed regularly following the rules without resorting to posting of reserved candidadte on ad hoc basis. Subal Ch. Mondal v. Secretary, Ministry of Communication, Dept. of Posts and others, 6/2010, SwamysnewS 62, (Calcutta) - (17-9-2009) - O.A. No. 237 of 2005.
Seniority
70. As per Amendment of Article (16-A) right from its inclusion from 17-6-1995, reserved community candidates are entitled for seniority in the promoted post held on reservation thereby the earlier OM dated 30-1-1997 was withdrawn. Reserved Community candidates who had lost further promotion based on the date of promotion to feeder grade on account of O.M. dated 30-1-1997 had to be compensated by giving ante-date promotion, consequential seniority etc., but without payment of arrears, if any, arising because of the ante-dated promotion.
 Nihar Ranjan Biswas v. General Manager, Eastern Railway and others, 6/2010, SwamysnewS 63, (calcutta) - (16-9-2009) - O.A. No. 885 of 1998.
71. The inter se seniority of Inspectors in the Income Tax Department for further promotion to income Tax Officers (ITO), between those promoted as Inspectors from Office Supernitendent (O.S.(, Senior Tax Assistant, DEO, Grade 'C' and Grade 'B', Tax Assistant, UDC and Stenographers, Grades I/II/IIK is decided by the date of their passing Departmental Examination for Income Tax Inspectors. Vijander Kumar and others v. Union of India through Secretary, Ministry of Finance, Department of Revenue and others, 6/2010, SwamysnewS 65, (Chandigarh) - (28-10-2009) - O.A. No. 365-CH of 2007.
Transfer
72. Frequent transfers without considering the effect of such transfer to the employee is to be restrained and such mala fide transfers is violation of the rights of an employee. Shri. B. Madhusudan v. Comptroller and Auditor-General of India and others 6/2010, SwamysnewS 67, (Hyderabad) - (3-8-2009) - O. A. Nos. 44/2009, CP 17/09 in OA No. 44/2009, M.A. 212/2009 and M.A. 301/2009 in O.A. No. 44/2009
Miscellaneous
73. Regularization of casual labourers, not sponsored by the employment exchange, cannot be done as laid down in the case of Secretary, State of Karnataka and others v Uma Devi (3) and others [ 2006(4) SCC 1] P. Ramu and others v. Government of India, Ministry of Defence and others, 6/2010, SwamysnewS 69, (Hyderabad) - (14-8-2009) - O.A. No. 941 of 2005.
74. Candidates performing duties in the department based on a contract advertisement cannot claim their continuance after the contract period is over or for their regularization. Dev Karan v. Secretary, Ministry of Urban Developemtn and another, 6/2010, SwamysnewS 71, (Chandigarh) - (29-10-2009) - O.A. No. 447-CH-2008.
75. Belated representation for change of date of birth cannot be accepted. R.V. Dhadhal v. Chief Postmaster General, Khanpur, Ahmedabad and others, 6/2010, SwamysnewS 73, (Ahmedabad) - (15-5-2009) - O.A. No. 168 of 2009.
Last Updated on Wednesday, 30 June 2010 06:31
 
May 2010 PDF Print E-mail
Thursday, 10 June 2010 09:08

Important Government Orders

Sl. No. Ministry / Dept. Date Particulars
Confidential Reports
76. Per. & Trg. 13-4-10 Below Bench-mark gradings in ACRs prior to the reporting period 2008-09 and objective consideration of representation by the Competent Authority against remarks in the APAR or for upgradation of the final grading.
Delegation of Financial Powers
77. Finance 6-4-10 Enhancement in the Financial Powers of Ministries / Departments with regard to expenditure on Non-Plan Schemes / Projects.
78. Finance 13-4-10 Enhancement in the Financial Powers of Ministries / Departments with regard to expenditure no Non-Plan Schemes / Projects - procedure for cases of value beyond Rs.50 crores but up to Rs.75 crores.
Discipline
79. Per. & Trg. 8-3-10 Complaints against Secretaries to the Government of India - procedure for handling.
Ex-Servicemen and Re-employment of Pensioners
80. Per. & Trg. 5-4-10 Applicability of CCS (RP) Rules, 2008 to person re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates.
Medical Facilities
81. Health 22-3-10 Free diet to CGHS beneficiaries undergoing treatment for TB, Leprosy, Mental Illness, Cancer, etc.
OTA, Fee and Honorarium
82. Per. & Trg. 30-3-10 Fake instruction on Overtime Allowance.
83. Finance 30-3-10 Payment of Overtime Allowance to Central Government employees - revised rates effective from 1-1-2008 - Clarification thereon.
Pay, DA, etc.
84. Finance 26-3-10 Dearness Allowance from 1-1-2010
85. Per. & Trg. 30-3-10 Guidelines for fixation of pay of candidates working in Public Sector undertakings, etc., recommended for appointment by the Commission by the method of recruitment by selection.
86. Finance 31-3-10 Rates of DA from 1-1-2010 to the employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised scale as per Fifth Central Pay Commission.
Pension and Gratuity
87. Pen. & P.W. 19-3-10 Representations regarding revision of pension of pre-2006 pensioners.
88. " 31-3-10 Dearness Relief from 1-1-2010
89. " 19-4-10 Amendment to Rules 64,71,72 & 80 of CCS (Pension) Rules, 1972 - Issue of Notification, dated the 7th April, 2010, published in the Gazette of India on 12th April, 2010.
Recruitment, Seniority, DPC and Promotion
90. Per. & Trg. 12-4-10 Grant of financial upgradation under MACP.
SC/ST/OBC Employees
91. " 30-3-10 Forwarding of applications of Government servants suffering from disability for employment elsewhere.
T.A., LTC and Joining Time
92. " 20-4-10 CCS (LTC) Rules, 1988 - Relaxation for travel by air to visit NER.
Miscellaneous
93. Dte. of Estates 8-4-10 Allotment of General Pool Residential Accommodation from Type-IV to Type-VI(A) categories through an automated system of allotment based on choices for specific houses indicated by the applicants.
Railways
94. Railway 26-3-10 Payment of Dearness Allowance to Railway Employees - Revised rates effective from 1-1-2010.
95. " 30-3-10 Revised pay Structure of the Pharmacists Cadre.

 

 

Case-Law Section

Sl. No. Subject Name of Parties, Citation and Date of Judgement
Tribunal Judgments
Appointments
49. Certificate of Mark Sheet containing the date of birth of a candidate should not be disqualified in the selection for want of independent Matriculation Age Certificate, if it fulfils the age qualification. Dr. Vibha Mishra v. Union Public Service Commission and another, 5/2010, SwamysnewS 48, (Principal Bench) - (29-6-2009) - T. A. No. 54 of 2009.
CCS (CCA) Rules
50. Punishment awarded to an employee based on a faulty enquiry proceedings without appreciating full facts and circumstances may lead to a direction for review of the punishment. Panchanan Manjhi v. General Manager, S. E. Railway and others, 5/2010, SwamysnewS 49, (Calcutta) - (25-11-2009) - O.A. No. 122 of 2005
51. In a disciplinary case, the delinquent employee should be given all facilities of supplying the documents as asked for by him, personal hearing, providing evidences as prayed for and other such facilities to adhere to the principles of natural justice before passing an order of punishments. If it is not considered necessary to provide certain details / documents asked for by charge-sheeted employee, he should be informed so detailing the reason for refusal. Modification of the charge-sheet based on the reply of the delinquent, if required may also be considered. Mr. S. C. Parekh v. Union of India and Others, 5/2010, SwamysnewS 51 (Ahmedabad) - (9-7-2009)- O.A. No. 106 of 2009
52. Reasonableness of penalty cannot be questioned unless there is violation of rule and ;aw with mala fide intention and non-conduct of enquiry as per Rule 16 (1)(b) of CCS (Conduct) Rules, 1965 is not fatal, if there were no disputed points of facts. E.P. Mhesh v. Senior Superintendent of Post Offices, Tirur Division, Tirur, 5/2010, SwamysnewS 53, (Ernakulam) - (28-7-2009) - O. A. No. 1818 of 2008.
Confidential Reports
53. Undisposed representation of an overlooked employee promotion against an adverse entry in a confidential report taken note of by DPC for promotion leads to reconsideration of the DPC proceedings of such an overlooked employee. Dr. Bhuwanlal Ratde v. Secretary, Ministry of Defence and others, 5/2010, SwamysnewS 55, (Hyderabad) - (17-11-2009) - O.A. No. 829 of 2007
54. Tribunal's Order in a earlier OA to consider the appeal against the adverse remark of an applicant by the Commissioner of Central Excise (R-5 herein) and rejection of that appeal on ground of second appeal is incorrect as it is against the order of the Tribunal. Hence the case is to be reviewed on facts and merits of the appeal by the Commissioner. K.G. Luke v. Union of India represented by Secretary, Department of Revenue, Ministry of Finance and others, 5/ 2010, SwamysnewS 57, (Ernakulam) - (26-5-2009_ - O.A. No. 212 of 2008.
Pay and Allowances
55. Pay scale of Assistants in the Administrative Wing and Assistant Accountants in the Accounts Wing of Atomic Energy should be in the pay scale of Rs.6,500-200-10,500 in the Fifth Pay Commission scales of pay. Department of Atomic Energy Secretariat Employees' Association and others v. Secretary, Department of Atomic Energy and others, 5/2010, SwamysnewS 58 (Bombay) - (7-10-2009) - O.A. No. 859 of 2004.
Pension Rules
56. Recovery of excess amount, if paid without the misrepresentations or a fraud played by the employee is incorrect and that too without issuing a notice to elicit the reply of the affected employee before recovery. Shri. Mohan Lal Chakravorty v. Secretary, Ministry of Finance, Department of Economic Affairs and others, 5/2010, SwamysnewS 61, (Calcutta) - (16-9-2009) - O.A. No. 91 of 2006.
Postal Gramin Dak Sevak
57. Posting of Applicant for the post of GDS is Postal Department, if fulfills the required condition for applying for that post and selected, cannot be terminated just because the documents of his landed property is produced after the last date of submission of his application for that post and that condition of possessing landed property has also been waived by a recent order. Shivshakar V. Director of Postal Services Nagpur Region and others, 5/2010, SwamysnewS 62, (Bombay, Camp at Nagpur) - (21-7-2009) - O. A. Nos. 2080 of 2005.
Promotion
58. Trained Graduate Teachers who had completed 18 years of service under NCT of Delhi are entitled for Selection Scale if they possessed the required 18 years' service as per notification of Government of India, dated 12-8-1987. Sh. Kishan Lal v. Government of NCT of Delhi through Chief Secretary, NCT of Delhi and others, 5/2010, SwamysnewS 63, (Principal Bench) - (20-4-2009) - O.A. Nos. 617 of 2005.
Miscellaneous
59.1 Age certificate issued by a competent authority authorized to issue such certificates is to be taken into account for deciding the date of retirement if there is any dispute regarding age. Smt. Pukhrambam Benu Devi v. Secretary, Ministry of Information and Broadcasting and others, 5/2010, SwamysnewS 65, (Guwahati) - (30-6-2009) - O. A. No. 79 of 2008.
59.2 Period of employment before attaining the age of 18 is to be ignored for calculating qualifying service. --do--
60. Non-maintaining of proper medical records of Temporary Status Casual employee of the Railways and discharging him / her from service due to medical unfitness after a long time after obtaining temporary status is unsustainable. Smt. Surajben Premchand v. General Manager, Western Railway, 5/2010, SwamynewS 68, (Ahmedabad) - (14-12-2007) - O.A. No. 16 of 2007.
61.1 Right for compassionate ground appointment is a right available to son of an employee who dies while in service even if son / daughter was born through an illegitimate spouse. Shri. Nallathambi Kattimuthu v. General Manager, W. Railway and others, 5/2010, SwamysnewS 69, (Ahmedabad) - (8-7-2009) - O.A. No. 240 of 2008 with M.A. No. 237 of 2009.
61.2 Compassionate appointment had to be offered to children from second marriage even if permission had not been obtained. --do--
62. Undertaking given by an employee while asking for leave that if overstayed without permission, the letter may be treated as his / her deemed resignation cannot be taken into cognizance as resignation letter should be without any condition and even such deemed resignation will come into effect only after the expiry of the notice period of three months. Vaishali Singh Koshal v. ITDC Ltd. Chairman, 5/2010, SwamysnewS 71, (Principal Bench) - (16-6-2009) - O.A. No. 673 of 2009.
Last Updated on Friday, 11 June 2010 09:56
 
April 2010 PDF Print E-mail
Wednesday, 14 April 2010 06:27

Important Government Orders

Sl. No. Ministry / Dept. Date Particulars
Delegation of Financial Powers Rules
58. Finance 22-3-10 Expenditure Management - Economy Measures and Rationalization of Expenditure.
Discipline
59. Per. & Trg. 2-2-10 Amendment CCS 9CCA) Rules, 1965
JCM, Union, Association
60. Posts 18-2-10 CCS (RSA) Rules, 1993 - Re-verification of membership for recognition of Service Association - Procedure
Leave Rules
61. Per. & Trg. 3-3-10 Child Care Leave - waiving the age restriction of 18 years for Government servant having mentally challenged / disabled children.
Medical Facilities
62. Health 25-2-10 Inclusion of the name Oushadhi Pharmaceutical Corporation (I.M.) Ltd., Thrissur, Kerala in the approved list of Pharmacies for purchase of Ayurvedic Medicines under CS (MA) Rules, 1944.
Pay, DA, etc.
63. Per. & Trg. 8-3-10 Restriction of officiating pay under FR 35 - Clarification.
64. Per. & Trg. 10-3-10 Fixation of Pay CCS /CSSS Officers at the time of promotion from the Grade of Under Secretary / equivalent to the Grade of Deputy Secretary / equivalent.
Postal Gramin Dak Sevaks
65. Posts 18-2-10 EDA (RA) Rules, 1995 - Re-verification of membership for recognition og Associations - Procedure.
Recruitment, Seniority, DPC and Promotion
66. Per. & Trg. 3-2-10 Corrigendum to UPSC (Exemption from Consultation) Regulations, 1958.
67. Per. & Trg. 4-3-10 Policy on fixing an upper limit of the number of years for which officers can work in the personal staff of the Union Minister in theri entire careers.
68. Per. & Trg. 10-3-10 Model RRs for Stenographer, Grade II post in non-Secretariat Organization.
69. Per. & Trg. 12-3-10 Revision of pay scales - amendment of Service Rules / Recruitment Rules.
SC/ST/OBC Employees
70. Per. & Trg. 10-3-10 Reservation Roster of Assistants with Disabilities.
T.A., LTC and Joining Time
71. Per. & Trg. 2-3-10 Encashment of 10 days earned along with LTC by re-employed pensioners - Clarification.
72. Per. & Trg. 11-3-10 Regulation of journeys by private airlines while availing LTC.
Miscellaneous
73. Per. & Trg. 5-3-10 Allotment of staff quarters.
74. Per. & Trg. 15-3-10 Special concessions / facilities to Central Government Employees working in Kashmir Valley in attached / subordinate offices or PSUs falling under the control of Central Government.
75. Railways 17-2-10 Applicability of minimum pay / stepping up of pay clarification.

 

 

Case-Law Section

Sl. No.

 Subject
 Name of Parties, Citation and Date of Judgment
Tribunal Judgments
37.
 Compassionate appointments is only against regular sanctioned post but not on casual basis.
K. S. Sajeev v. Secretary, Ministry of Agriculture and others, 4/2010, SwamysnewS 49, (Ernakulam) - (2-12-2008) - O. A. No. 528 of 2007
CCS (CCA) Rules
38.
 Confirmation, after the period of probation is over, is to be decided within a short period of 6 to 8 weeks. Later Adverse Confidential Report should not stand in the way of confirmation of a probationer.
Rajesh Kumar Luthra v. PGIMER through its Director and another, 4/2010, SwamysnewS 50, (Chandigarh) - (27-5-2009) - T. A. No. 39-CH of 2009.
Pension Rules
39. If the result of the request for voluntary retirement after 20 years of qualifying service is not intimated to the employee, within the stipulated period of three months from the date of the request of the employee, he may lay down his office and any pending disciplinary enquiry proceedings, if any, will cease to exist due to his retirement. Prasanth Kumar v. General Manager, Southern Railway and others, 4/2010, SwamysnewS 53 (Ernakulam) - (12-12-2008) - O.A. no. 338 of 2008.

Postal Gramin Dak Sevaks
40. Date of Birth recorded in Service Register and accepted by the employee determines the date of retirement.
 S. Thulaseedhara Kurup v. Senior Supernitendent of Post Offices, Thiruvananthapuram and others, 4/2010, SwamysnewS 55, (Ernakulam) - (15-12-2008) - O.A. No. 523 of 2007.
Promotion
41. Financial upgradation of "Assured Career Progression Scheme" of Government of India is to be granted if condition prescribed in that scheme is fulfilled and any disciplinary proceeding and acquisition of any qualification for promotion is pending. C.G. Anto v. Secretary, Ministry of Urban Development, Government of India and others, 4/2010, SwamysnewS 58, (Ernakulam) - (11-2-2009) - O.A. No. 544 of 2008.
42. Issue of promotion list should be based on relevant final seniority published after hearing the complaints on provisional seniority list. V. Udayaprasad v. General Manager, Southern Railway and others, 4/2010, SwamysnewS 59, (Ernakulam) - (13-2-2009) - O.A. No. 621 of 2007.

 

 

Sl. No. Subject Name of Parties, Citation and Date of Judgment
Reservation
43

1. For the post of Postman, department employees from Gramin Dak Sevaks are to be appointed against 25% of year wise vacancy with reservation as required.

2. Filling up of vacancies should be yearwise as per Recruitment Rule of Postman. Vacancies of different years should not be clubbed for filling them up.

 K. R. Ramanujaneyulu v. Superintendent of Post Offices, Machilipatnam and others in 415/2008 and D. Babu Rao v. Director General, Posts and others in 659/2008, 4/2010, SwamysnewS 61, (Hyderabad) - (1-5-2009) - O. A. Nos. 415 and 659 of 2008.
Transfer
44. An employee suffering from disabilities and has to be kept a close watch by his people can be transferred if permitted by a valid Medical Ceritificate permitting that transfer even if he has long service to go and in any case not at the fag end of service. P. Narayanan v. Union of India and others, 4/2010, SwamysnewS 64, (ernakulam) - (4-12-2008) - O. A. No. 453 of 2008.
Miscellaneous
45. Employees appointed on All India Transfer condition, if belongs to North-Eastern States and posted in North-Eastern Offices from outside zone are entitled for Special Duty Allowances (SDA) from the date of their posting till they are transferred out of North-Eastern States. Shri. Manoranjan Das v. Secretary, Ministry of Home Affairs and others, 4/2010, SwamysnewS 65, (Guwahati) - (29-1-2009) - O.A. No. 33 of 2007.
46. In emergency, an employee serving / retired can take medical assistance for survival from a nearby hospital irrespective of the fact whether that hospital is recognised by the Department or not.
 D.N. Oza v. Secretary, Ministry of Finance Department of Revenue and others, 4/2010, SwamysnewS 68, (Ahmedabad) - (15-5-2009) - O. A. No. 401 of 2007.
47. Full reimbursement of medical bill submitted by a serving / retired Government Servant, even if he had undergone treatment in an unrecognized private hospital in emergency cannot be denied. Jai Narayan Sharma v. Secretary, Ministry of Agriculture, 4/2010, SwamysnewS 69, (Principal Bench) - (17-4-2009) - O.A. No. 377 of 2008.
48. LTC claim can be rejected only if it is not confirming the Rules stipulated for such claims. Rajesh Navnitrai Trivedi v. Chief Postmaster General, Ahmedabad and another, 4/2010, SwamysnewS 72, (Ahmedabad) - (24-6-2009) - O.A. No. 238 of 2008.
 
March 2010 PDF Print E-mail
Friday, 26 March 2010 06:32
Sl. No. Ministry / Dept. Date Particulars
Children Education Allowance Scheme
44 Per. & Trg. 11-1-10 Children Education Allowance Scheme - Clarification.
Delegation of Financial Powers Rules
45 Finance 12-2-10 Opening of a new Object Head 'Grants for creation of capital assets' and amending the nomenclature of the existing Object Head viz '31-Grants-in-aid' to read as 'Grants-in-aid General' in the list of Object Heads below Rule 8 of Delegation of Financial Power Rules, 1978.
Discipline
46 Per. & Trg. 14-1-10 Complaints against Secretaries to the Government of India - proceedings for handling.
GFR, CTR, CAM
47 Finance 25-1-10 Excess expenditure over voted grants.
Income Tax
48 " 9-2-10 Clarification regarding deduction in respect of contribution to pension scheme under Section 80-CCD of Income Tax Act.
Medical Facilities
49 Health 8-2-10 Revision of rates and guidelines for various Coronary Stents for CGHS / CS (MA) beneficiaries - Clarification regarding.
Pay, DA, etc.
50 Per. & Trg. 21-1-10 Amendment to F.R. 49.
Pension and Gratuity
51 CGA 19-11-09 Implementation of Government's decision on the recommendations of the Sixth Central Pay Commission - Revision of Pension of Pre-20006 pensioners / family pensioners, etc.
52 Pen. & P.W. 19-1-10 Revision of 1/3rs commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in PSU / ABs - implementation of Government's decision on the recommendations of the VI Central Pay Commission.
53 " 27-1-10 Implementation of the law against excess recovery from pension - non-deduction of the non-deductibles - representations - Clarification.

 

 

Sl. No. Ministry / Dept. Date Particulars
SC/ST/OBC Employees
54 Per. & Trg. 28-1-10 Compilation of information about appointments made on the basis of fake / false caste certificates - recommendations of the Parliamentary Committee on the Welfare of SC/ST.
Miscellaneous
55 Per. & Trg. 20-1-10 Maintenance of records in consonance with Section 4 of the RTI Act.
56 Posts 4-2-10 Limited Departmental Competitive Examination for promotion to the cadre of Postal Service, Group 'B' - 2009 to be held on 3rd and 4th May, 2010.
57 Railway 15-1-10 Grant of family pension to a son / daughter of s deceased Railway employee, suffering from any disorder / disability of mind / mentally retarded or physically crippled / disabled - Clarification.

 

 

 

Case - Law Section

Sl. No. Subject Name of Parties, Citation and Date of Judgment
Tribunal Judgments
Appointments
22 Compassionate appointment is to be given as per rule laid down which does not exist in the present case for compassionate ground appointment for the Applicant in Kendriya Vidyalaya Sangathan, Pune. Smt. Elizabeth Michael Amolik v. The Deputy Commissioner, Kindriya Vidyalaya Sangathan, New Delhi and Others, 3/2010, SwamysnewS 42, (Bombay) - (5-8-2009) - O.A. No. 339 of 2007.
CCS (CCA) Rules
23 Issuing a charge-sheet for loss of money in the Postal transactions and issue of punishment order thereon without verifying the full details is unjustified. S.N. Ghori v. Director-General (Posts) and others, 3/2010 SwamysnewS 43, (Ahmedabad) - (10-7-2009) - O.A. No.45 of 2009.
Pay and Allowances
24 Posts of Probationary Assistant, Stores Assistant and Leading Stores Assistants ground as Combatant Clerks in navy are equivalent to Sepoy of Indian Army and hence they are entitled for fixation of pay in the higher stage when re-employed as Lower Division Clerk / Junior Clerks / Telephone Operators (from 1-1-1987) in P&T Department by granting increments at the stage that would have been reached by the number of completed years of service rendered in Armed Forces. C.S. Joy v. General Manager (Telecom), Southern Telecom Region and Others, 3/2010, SwamysnewS 44, (Ernakulam) - (5-2-2009) - O. A. No. 23 of 2002.
Pension Rules
25 The payment of Family Pension to a widower who contracts a void or voidable marriage is directed to be examined and a decision to be taken by Secretary, Department of Revenue, Ministry of Finance. Smt. Kavita S. Khushalani v Secretary to Government of India, Department of Revenue, Ministry of Finance and others 3/2010, SwamysnewS 46 (Ahmedabad) - (16-6-2009) -O.A. No. 339 of 2007.
Promotion
26 The refixed strength of cadre of Stenographers in the ratio 40:40:20 is to be implemented even in Central Government officers outside the Secretariat. Mr. Girish T. v The Secretary, Ministry of Textiles and others, 3/2010, SwamysNews 48, (Ahmedabad) - (19-3-2009) - O.A. No.346 of 2007.

 

 

Sl. No. Subject Name of Parties, Citation and Date of Judgment
27 An employee eligible for promotion when he was in service had to given financial benefits arising thereof from that date and his name cannot be omitted from the select list if he had retired before issue of select list.
 Er. R. K. Rangra v. Secretary, Ministry of Defence and another, 3/2010, SwamysnewS 50, (Chandigarh) - (30-7-2009) - O.A. No. 5-PB of 2007
28 Departmental examination conducted for promotion to a higher grade and select list issued based on the examination cannot be assailed if the fixation of minimum marks, both written papers and viva voce is not indicated in the advertisement released for the conduct of that examination or while ceiling the candidates for selection and discretion is given to the authorities to fix the minimum marks for selecting the candidates for promotion. V. Raghuraman v. India Institute of Horticulture Research (ICAR), Bangalore and others, 3/2010, SwamysnewS 51, (Bangalore) - (3-6-2009) - O.A. No. 382 of 2007.
Postal Gramin Dak Sevaks
29 A person actively in politics cannot be shut out from applying for a Government job. But on appointment in a Government job, he is governed by rules and regulations framed by Government and has to obey the rules and cannot be a member of political party. Shri Salil Manna v. Secretary, Department of Posts, New Delhi and others, 3/2010, SwamysnewS 55, (Calcutta) - (5-5-2009) - O.A. No. 384 of 2006
Reservation
30 Senior and suitable (those who obtained minimum of 60% in the written examination) are to be empanelled against notified vacancies of clerk-cum-typist from the lower Grade of Group 'D' to the extent of 33 1/3 % vacancies in Railways. Dev Raj v. General Manager, Northern Railway and others, 3/2010, SwamysnewS 57, (Chandigarh) - (30-7-2009) - O. A. No. 97/PB of 2006
31 In non-selection posts in Railways reserved community candidates selected in unreserved vacancies on their own merit can be adjusted against quota for reservation. Venkateshwarlu and others v. G.M. / S.C. Raiway and others, 3/2010, SwamysnewS 58, (Hyderabad) - (9-6-2009) - ).A. No. 585 of 2006.
Transfer
32 Transfer orders issued in the exigencies of service cannot be questioned unless the transfer is due to mala fides, violation of statutory rules or order is issued by an incompetent authority. S. Sobhan v. Senior Postmaster, Thiruvanathapuram and others, 3/2010, SwamysnewS 61, (Ernakulam) - (26-2-2009) - O. A. No. 701 of 2008.

 

 

Sl. No. Subject Name of Parties, Citation and Date of Judgment
33 Transfer of the Employee of Kendriya Vidyalaya Sangathan (KVS) should be ordered as per "New Transfer Guidelines" as exisiting at that time in the present case with effect from 14-2-2006 especially in Administrative Transfers to eliminate Surplus Staff. Agimon A. Chellamcott v. The COmmissioner K.V.S., New Delhi and others, 3/2010, SwamysnewS 62, (Ernakulam) - (1-12-2008) - O. A. No. 269 of 2008.
Miscellaneous
34 Deputationist cannot demand absorption in deputed posts in spite of working in that post long if there are no rules for absorption. D. S.C. Bansal v. Ministry of Agriculture, Government of India and UPSC, 3/2010, SwamysnewS 64 (Principal Bench) - (7-5-2008) - O. A. No. 1745 of 2006.
35 A casual labourer, serving in Group 'C' posts in Construction Organisation of Railways may be regularised in Group 'D' post in open line of Railways as per rule and on his returning back to open line from construction he had to be posted as a Group 'D' employee protecting his pay drawn by him in the Contruction Organisation. He will be promoted following relevant rules for promotion on par with his juniors in open line if they are promoted already.
 Pawan Kumar Sharma v. Union of India through Chairman Railway Board and others, 3/2010, SwamysnewS 67, (Principal Bench) - (1-4-2008) - O.A. No. 2715 of 2006
36
  1. Proved frauds based on production of forged documents to seek appointment in Government entails penalty of ousting from service. Long continuance of an employee in service illegally appointed is no reason to continue him in service.
  2. Illegality committed in procedure in conduct of disciplinary proceedings does not vitiate such proceedings unless prejudice caused is established on record.
  3. Finding recorded by departmental authorities only if it is perverse and fail to pass the test of reasonable prudent man or case is based on no evidence and no misconduct, no interference is permissible.
 Suresh Chandra Verma v. The General Manager, North Eastern Railway and another, 3/2010, SwamysnewS 68, (Principal Bench) - (23-3-3009) - O. A> No. 2235 of 2007.
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