#DoPT Guidelines

CAT Ernakulam ruled that the Administration's failure to maintain APARs during an employee's study leave cannot justify withholding MACP arrears from 2004. The Tribunal held that FR-24 mandates annual increments as a matter of course unless withheld through due process, and directed the Screening Committee to evaluate the claim on whatever records exist. The decision protects government servants from losing financial upgradation due to administrative lapses.

The Supreme Court has ruled that while the Central Government must give due consideration to the State's recommendation on Voluntary Retirement applications under Rule 16(2A), it is not bound by it and must independently evaluate pending disciplinary proceedings. This clarifies the legal duty of DoPT and ministries when balancing service efficiency with accountability, affecting all All India Services officers with pending inquiries.

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 Patna quashed the recovery of Rs. 1,62,473 from a retired Group-D employee’s DCRG, ruling that pre-retirement pay fixation errors cannot be rectified post-retirement without following DoPT O.M. dated 02.03.2016. The tribunal emphasized that recoveries from pensionary benefits violate natural justice and statutory protections for retired employees.

CAT Principal Bench holds that transfer orders under service law must comply with DoPT guidelines on spouse posting and personal hardship, requiring reasoned justification. The tribunal stayed an arbitrary transfer order pending consideration of the employee’s representation, reinforcing natural justice in administrative discretion.

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.