Reduction of Salary after inter-divisional transfer: Plea for higher pay dismissed by CAT

Plea for higher pay dismissed: Deccan Chronical

Chennai: The Madras bench of the Central Administrative Tribunal (CAT) has dismissed the petition of a railway employee who challenged reduction of his salary after inter-divisional transfer.

Petitioner E. Sam Solomon was serving as a station master in Tiruchy division in 2005. On his request, he was moved to Madurai division as the junior most assistant station master and posted to Kumaramangalam railway station in November 2008.

Later, he was declared medically unfit for the post. Hence, he was given alternative appointment as senior clerk in works branch, Madurai, in 2010 and his grade pay salary reduced from Rs 4,200 to Rs 2,800. Sam Solomon prayed to CAT to set aside the transfer order and direct southern railway to accord him relevant grade salary.

In its reply, southern railway stated that the applicant had specifically requested for transfer in the lower scale of pay and based on this, he had been transferred to the Madurai division with appropriate pay scale.

The bench, comprising judicial member K. Elango and administrative member Naresh Gupta, held that the applicant had sought reversion of his pay after promotion and in such a case he cannot continue in the pay scale of the higher post.

The inter-railway or inter-divisional transfer cannot be claimed as a right and such request considered on hardship. If so, such employees must be placed below all existing staff in the relevant grade in the new unit, the bench added.

Source: http://www.deccanchronicle.com

Via : http://karnmk.blogspot.in/

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CAT reserves order on IAS officer’s plea for VRS

Voluntary Retirement Scheme

Chennai, Feb 7,2012(PTI) : The Central Administrative Tribunal (CAT) has reserved orders on senior IAS officer Ashok Vardhan Shetty’s application challenging the Tamil Nadu government?s rejection of his request for voluntary retirement.
In his petition, Shetty said he belonged to the 1983 batch of IAS (regular recruit) and had put in 28 years of service.
He said that during his service, he had an unimpeachable reputation for outstanding work and integrity.
However, due to certain pressing personal reasons, he had submitted notice to the government on September 8 last year for voluntary retirement with effect from December 9.
Submitting that he was eligible to submit a notice of voluntary retirement, he said his request was rejected by the government on December 7 last year on the ground that an inquiry against him was pending.
It was a matter of great surprise and distress that an inquiry was to be foisted on him at the fag end of the three month notice period for ‘mala fide reasons, he said and sought to quash the December 7 G.O.
After hearing arguments, a CAT Bench comprising G Shanthappa and O P Sossamma, Members, reserved orders on the application.

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Postal employee fighting for pension gets relief from the President of India

The CAT initiated suo motu contempt proceedings against postal deperment in September, 2011

Chennai, Feb 7, 2012(TNN): J Prema of Dindigul district has won a three-year battle with the Director of Postal Services, Madurai for her pension and service benefits, thanks to the intervention of the Central Administrative Tribunal (CAT) and a final order from President Pratibha Patil last week. 
In her order, the President ordered that proceedings against Prema be dropped as “misconduct” on her part was not grave enough for imposing a major penalty. A bench of G Shanthappa, judicial member and O P Sosamma, administrative member, declared the case closed on Monday.
“Her case could have dragged on for years, had it not been for the intervention of the court. Disciplinary proceedings were initiated against Prema as authorities claimed that she had not supervised the work of a Gramin Dak Sevak (part-time personnel working for the postal department in rural areas). While the charges against her were proved, our stand was that this can attract only a minor punishment,” her advocate R Malaichamy said. 
Prema was suspended as sub-postmaster at Kodaikanal Observatory two days before her retirement was due on May 31, 2009. A year later, the CAT asked the department to complete the inquiry within six months. As the authorities did not pay heed to the order even 14 months later, the CAT initiated suo motu contempt proceedings in September, 2011. Authorities then promised to complete the inquiry within three months.

The inquiry report was forwarded to President Pratibha Patil as per the terms of the Central Civil Services Pension Rules, 1972, who subsequently ordered that proceedings against Prema be dropped. “We received a copy of the President’s order two days ago and she was able to claim benefits (about 8 lakh) the same day,” Malaichamy said. Prema was suspended as sub-postmaster two days before her retirement on May 31, 2009.

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