Central Administrative Tribunal

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

16Oct

By The Legal ChamberNo Comments

Supreme Court

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

The Supreme Court held that successful completion of prescribed training, including passing the requisite written test, is a mandatory condition precedent for confirmation in service for direct recruits to Group 'C' non-gazetted railway posts. Failure to clear this training examination validly entitles the employer to terminate services, as it is a fundamental term of recruitment governed by the Master Circular. Facts Of The Case: The case involved Alok Kumar, who was provisionally appointed as a Senior Section Engineer (Trainee) in the Railways after clearing a recruitment examination. His appointment was conditional on the successful completion of a 52-week training program. After 46 weeks of field training, he was sent, along with other trainees, to a three-week General and Subsidiary...

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

24Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

The Supreme Court ruled that the term "State Forest Service" under the Indian Forest Service (Recruitment) Rules, 1966, refers to the service as a whole, not individual posts. The Court held that once a state service is approved, its substantively appointed gazetted officers, including Forest Range Officers, are eligible for consideration for promotion to the Indian Forest Service. Facts Of The Case: The appellant, P. Maruthi Prasada Rao, was appointed as a Forest Range Officer (FRO) in 2006. In 2021, he petitioned the authorities, arguing that FROs should be considered part of the "State Forest Service" and thus be eligible for promotion to the Indian Forest Service (IFoS) when sufficient numbers of senior officers like Deputy Conservators of Forests (DCFs) and Assistant Conserv...

Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets

22Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets

The Supreme Court held that under Rule 13(2) of the CCS (CCA) Rules, 1965, a disciplinary authority competent to impose only minor penalties is fully empowered to institute proceedings and issue a charge-sheet for imposing major penalties. The final order, however, must be passed by the authority competent to impose a major penalty. Facts Of The Case: The respondent, R. Shankarappa, was a Sub Divisional Engineer in the Department of Telecommunications who retired in 2018. In 2003, he was prosecuted by the CBI in two cases: one for demanding and accepting a bribe, and another for possessing assets disproportionate to his known sources of income. He was convicted in both cases, but the High Court later stayed the conviction and sentence, with the criminal appeals remaining pending. Paralle...

Govt Employee Loses Promotion Battle: Supreme Court Upholds Downgraded Designation After 40 Years

2Jun

By The Legal ChamberNo Comments

Supreme Court

Govt Employee Loses Promotion Battle: Supreme Court Upholds Downgraded Designation After 40 Years

The Supreme Court dismissed the appeal, upholding that the appellant (a 1976 appointee) was validly redesignated from Junior Field Officer (Group B) to Carpet Training Officer (Group C) in 1978, and subsequent regularization in 2006 as CTO didn't entitle him to Handicrafts Promotion Officer status or its promotion channel. The Court ruled that cadre classification and scheme-specific redesignation were within the government's administrative discretion, and the appellant's acceptance of earlier CAT orders (without challenging the CTO designation) precluded belated claims for HPO benefits under Article 14 Facts Of The Case: The appellant, Rampat Azad, was appointed as a Junior Field Officer (JFO - Group B) in 1976 at the Carpet Weaving Training Centre, Varanasi, under the All-India Handicr...