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AMIT RAWAL, EASWARAN S.
Ramkumar R – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Easwaran S., J.
A classic example where the Central Administrative Tribunal has taken up the administrative function of refixing the salary of an employee, though its function was judicial determination. The thrust of the argument in this present original petition is on the ground that the Tribunal had definitely exceeded in its power conferred on it under the Administrative Tribunals Act, 1985 while rendering its Order.
2. The applicant approached the Tribunal aggrieved by re-fixation of his pay contrary to judicial parlance and also ordering consequential recovery and ended up in getting his pay re-fixed by the Central Administrative Tribunal in a proportion altogether alien to what even his employer had ordered. Such was the extent of excessive exercise of power by the Central Administrative Tribunal. We are not amused as to why the applicant has come with full vigor before this Court in an Original Petition under Article 227 of the Constitution of India. With an atypical order, we are called upon to decide as to whether the order of the Tribunal re-fixing the entire pay structure of the applicant contrary to what his employer had ordered could be sustained, and if not w
The main legal point established in the judgment is that the Central Administrative Tribunal exceeded its jurisdiction by converting itself into an administrative authority and issuing directions out....
The court upheld the authority's reduction of the petitioner's pay due to prior erroneous fixation, confirming compliance with the Central Civil Services Rules while quashing the recovery order.
The main legal point established in the judgment is that re-employment must be substantive, not contractual, to entitle an ex-serviceman to pensionary benefits under the Central Civil Services (Pensi....
The main legal point established in the judgment is that an individual's status as an Ex-Serviceman under the relevant rules determines their eligibility for counting past military service towards pa....
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