Central Administrative Tribunal judgments

CAT Kolkata rules that denial of No Objection Certificate (NOC) to government servants for external job interviews without statutory grounds violates their right to career progression. The tribunal mandates compliance with DoPT guidelines, holding arbitrary refusals as unconstitutional.

The Central Administrative Tribunal, Cuttack, ruled that 25 years of uninterrupted casual service entitles an employee to regularization, as denying it while regularizing similarly situated workers constitutes arbitrary discrimination under Article 14. The judgment reinforces that constitutional equity demands uniform treatment for employees performing identical duties over decades, especially when they are barred by age from seeking other government employment.

CAT Hyderabad holds that suspension of a government servant lapses automatically if charge sheet is not issued within 90 days, reinforcing DOPT guidelines and Ajay Kumar Choudhary precedent.

Central Administrative Tribunal holds that widow's right to family pension cannot be denied due to pending litigation or non-inclusion in service records.

CAT Patna holds that employees cannot be penalized for retaining government quarters without explicit notice of unauthorized occupation, especially during COVID-19.

CAT Allahabad holds that second marriage during subsistence of first marriage is void; family pension payable only to legally wedded wife under Railway Pension Rules.

CAT Allahabad holds that mere negligence without dishonest intent or financial loss cannot justify major penalty; sets precedent for disciplinary proceedings against government servants.

CAT holds that Women's Complaint Committee lacks jurisdiction to investigate non-sexual harassment complaints and cannot initiate disciplinary proceedings. Key natural justice violations identified.

CAT holds that BSNL must regularize casual workers engaged before corporatization, citing Supreme Court precedents on Article 14, in rem judgments, and non-applicability of delay.

CAT quashes disciplinary proceedings against Gramin Dak Sevaks for strike-related absence, holding that Rule 23 requires proof of incitement, violence or sabotage for major penalties.

CAT holds that AICTE Regulations on retirement age do not bind defence establishments; Central Government employees governed by Fundamental Rules, not statutory education regulations.

CAT Allahabad holds that reinstatement under Section 17-B IDA requires full regularisation, not daily wage engagement. Key precedent for public sector employment disputes.

CAT holds that withholding retirement gratuity for unvacated railway quarters is invalid if the accommodation was condemned and uninhabitable; damage rent limited to last meter reading.

CAT Allahabad holds that courts cannot reappreciate evidence in service disciplinary cases; interference permitted only for natural justice violations or no-evidence findings.

Central Administrative Tribunal holds that reverting a teacher after seven years of service under KVS violates principles of natural justice and legitimate expectation.

CAT holds recovery of excess MACP benefits after a decade is iniquitous; reaffirms Supreme Court's Rafiq Masih doctrine protecting retired employees from retrospective deductions.

The Central Administrative Tribunal holds that formal enquiry under Rule 16 CCS(CCA) Rules is discretionary unless penalty exceeds three years or impacts pension, clarifying procedural safeguards for departmental proceedings.

Central Administrative Tribunal holds that compassionate appointment cannot be denied due to unproven criminal allegations against deceased government servant, reinforcing presumption of innocence and non-vicarious liability.

CAT Ranchi holds that denial of spouse-based transfer must be accompanied by specific, speaking reasons; mere public interest assertion violates natural justice.

CAT Ranchi holds that long-serving casual labourers with continuous service over decades cannot be denied regularization under CBIC 2020 Scheme merely due to lack of formal education, if their appointments were not illegal.

CAT holds that arrears must be granted for wrongful denial of promotion even under notional promotion policy, aligning with equity and binding precedent in similar cases.

CAT holds that a valid benchmark disability certificate with limited validity cannot be rejected for direct recruitment under RPwD Act, 2016. Key precedent for PwBD candidates.

CAT Jammu holds pension cannot be reduced post-retirement without fraud or misrepresentation; last drawn pay is decisive under Rule 242 CSR.

CAT Jammu holds that once suspension is stayed by court, employee must be treated as on duty; denial of salary and benefits violates Articles 14 and 16.