Central Administrative Tribunal judgments

The CAT Bangalore ruled that vertical reservation (SC) must be applied before horizontal reservation (PwBD), holding that a candidate qualifying on SC merit cannot be denied appointment for failing the PwBD benchmark. This clarifies the hierarchy between vertical and horizontal quotas in Civil Services appointments, protecting SC candidates who meet merit criteria from exclusion due to disability benchmark shortfalls.

CAT Jammu holds regularised ReT teachers cannot face discriminatory transfer restrictions based on initial recruitment mode; impugned repatriation orders set aside.

The tribunal ruled that once an Internal Complaints Committee substantiates sexual harassment allegations, the employer's statutory obligation under the POSH Act to ensure a safe workplace takes precedence over transfer policies and the employee's tenure expectations. This upholds preventive transfers as a legitimate tool to protect complainants and maintain institutional integrity in service law.

The CAT Principal Bench held that candidates seeking reservation under the PwD quota must strictly meet the exact locomotor disability specifications (One Arm/One Leg) notified in the recruitment advertisement; a general medical board certification for a different disability category (both legs affected) does not qualify the candidate for the reserved post.

CAT Mumbai set aside ₹2,14,168 recovery from a Group C railway employee, holding excess pay cannot be recovered without notice and a hearing (Rafiq Masih, Thomas Daniel). It ordered the railway to restore basic pay to ₹87,700 and repay the amount with interest.

The tribunal ruled that denying disability family pension based on a conclusory medical opinion of employability violates Rule 54(6); authorities must evaluate the claimant's actual functional capacity to earn a livelihood. This safeguards disabled dependents from arbitrary termination of pension benefits.

The CAT set aside a charge memorandum lacking Finance Minister’s approval, ruling that only the Disciplinary Authority may sanction charge sheets under Rule 14 CCS (CCA) Rules, 1965. The holding confines disciplinary power to the authority, shielding senior revenue officials from ministerial sanction misuse.

The Cuttack Bench of the Central Administrative Tribunal ruled that service rendered in the Karnataka-Goa charge from 27 Sept 2012 to 3 Aug 2014 must be credited towards seniority for promotion to Senior Tax Assistant and Income Tax Inspector. This overturns the 1990 CBDT guideline that excluded such service after a compassionate inter-charge transfer, benefiting non-gazetted income-tax officers seeking promotion after moving between charges.

CAT ruled that a valid No-Objection Certificate obliges the railway to grant an immediate relieving order, barring discretionary refusal. The decision curtails administrative discretion in spouse-ground inter-railway transfers, requiring employees to be relieved within the NOC’s validity.

The Cuttack Bench of the CAT held that a candidate with 40 % visual loss meets the Category-I benchmark disability, setting aside UPSC’s rejection. The decision clarifies the visual-disability threshold for all Civil Services aspirants.

The CAT ruled that Delhi Police constables appointed on compassionate grounds may be transferred from the New Pension Scheme to the Old Pension Scheme when the recruitment process started before the OPS cut-off date, even if they joined after 1 January 2004. The tribunal held that laches and lack of prior notice do not defeat the entitlement. This benefits all compassionate-appointment employees seeking OPS benefits.

Railway employees appointed on compassionate grounds after 2004 can now claim benefits under the Old Pension Scheme, reversing earlier directives that denied them. This expands pension entitlements for senior staff hired under humanitarian considerations.

CAT Cuttack holds that cancelling a departmental selection process after completion of written exams-without valid justification-breaches principles of natural justice and Railway Board directives. The ruling reinforces that administrative discretion cannot override procedural fairness in promotions, impacting railway employees' career progression rights.

CAT Jammu rules that denying promotion benefits to a senior employee while granting them to a junior in identical circumstances violates constitutional guarantees of equality. The tribunal directs the respondents to extend the same benefits to the applicant as granted to respondent No. 5, ensuring parity in compassionate appointments under service law.

CAT Cuttack ruled that General Assistants in Doordarshan and All India Radio hold distinct promotional avenues separate from the LDC/UDC cadre, quashing erroneous promotion orders. The judgment reinforces that cadre-specific promotional rules must be adhered to, ensuring fair career progression for affected employees.

CAT Jammu rules that executive orders cannot override statutory recruitment rules to grant retrospective promotions, safeguarding the seniority rights of direct recruits. The judgment reinforces that promotions must align with prescribed rules, preventing arbitrary administrative actions that disrupt service hierarchies.

CAT Jammu rules that permanent absorption in a post mandating Public Service Commission selection cannot bypass statutory recruitment rules, even for employees with long temporary service. The judgment reinforces that lateral entry or absorption must comply with prescribed selection processes, impacting government hiring policies and service law compliance.

CAT Kolkata ruled that disciplinary proceedings under CCS (CCA) Rules cannot extend to alleged irregularities in external examinations, as these fall outside departmental jurisdiction. The tribunal quashed a major penalty charge sheet against a government employee for purportedly irregular candidature in the Bihar School Examination, reinforcing the boundaries of natural justice in service law.

CAT Jammu dismisses a plea seeking inclusion of 39-week pre-appointment training as qualifying service for pension, citing a 32-year delay and non-compliance with Rule 22 of CCS (Pension) Rules, 1972. The ruling reinforces that undue delay in raising service-related claims can bar pensionary benefits, impacting retired government employees.

CAT Principal Bench ruled that arbitrary withholding of retiral dues, including leave encashment, without statutory backing constitutes a violation of Article 300-A. The Tribunal directed the respondent corporation to release the withheld amount along with GPF interest, reinforcing constitutional protections for retired employees' property rights.

CAT Delhi ruled that government employees with children in Class 10 or 12 are entitled to protected status under transfer policies, directing reconsideration of transfer orders that disregard this safeguard. The judgment reinforces natural justice principles for government servants, ensuring transfers do not disrupt their children's critical academic years.

CAT Allahabad rules that compassionate appointment under DoPT OM 16.01.2013 cannot be denied based on unproven criminal allegations or family objections. The tribunal emphasizes financial dependency as the primary criterion, overriding procedural disputes where no conviction exists.

CAT Kolkata quashes disciplinary proceedings against a retired Group 'A' officer, ruling that once the disciplinary authority accepts an inquiry report under CCS (CCA) Rules 1965, it cannot later issue a disagreement note. The decision reinforces natural justice principles, protecting government employees from arbitrary post-facto revisions in disciplinary actions.

CAT Ernakulam rules that promotee IPS officers cannot draw lesser pay than their juniors, ensuring strict compliance with seniority-based pay fixation under the IPS (Pay) Rules. The tribunal caps arrears to three years, balancing equity and administrative feasibility for retired officers.