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- Cat temp status to daily wages
Download Word Document In English. (Rs.75/-) Download PDF Document In Marathi. (Rs.75/-) Cat temp status to daily wages BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI O. A. No:_______/:______/:______ Applicants Versus Respondents Application under Section 19 of the Central Administrative Tribunals Act Chennai Applicant _______ Through, Advocate Respectfully Sheweth: Details of application: 1. Particulars of Orders Against Which this Application is Made: That this application is made against the impugned inaction of the respondents whereby they are not allowing the Ration Allowance to the applicants in accordance with the provisions of Govt of India instructions1 (Annexure A-1). 2. Jurisdiction of Tribunal: That the applicant declares that the subject matter of this application is within the jurisdiction of this Hon'ble Tribunal and it is competent to issue the directions to the respondents for full compliance. 3. Limitation: That the applicant further declares that the application is within the limitation period as prescribed in section 21 of the Central Administrative Tribunals Act 1985. 4. Facts of the Case: (4.1) That the applicants herein are working or have worked with the respondent department at __ in the capacity of ministerial staff, ie; as UDCs, AIs, Stenos and Peons etc. and all of the applicants have common grievance in as much as the respondent department is not allowing the Ration Allowance on the analogy the same is being granted to the Executive Staff in pursuance to the Govt instructions2 (A-1), despite the fact that the applicants as well as the executive staff are working at the similar locations under the similar circumstances and for the similar working hours and the nature of duties of both the categories are same and similar. (4.2) That the Govt of India has issued instructions (A-1) vide para 3 of which for some of the concessions the various hardship locations have been categorized as 'B' & 'C' stations as indicated in Annexure-II to this letter. However, if the Heads of the Departments feel at certain times that certain locations or assignments have become specially hazardous and there is a specific increase in the threat to the personnel and/or premises, they can determine on merits the criteria of hardship and the period for which such locations may be categorized as belonging to category 'B' & 'C' stations after recording the reasons in writing. (4.3) That accordingly the location where the present applicants are working or have worked, the same has been accordingly categorized as Category __ (Annexure A-2) for extending all the benefits as envisaged under the above instructions (A-1). However, the respondent department has drawn irrational and unreasonable classification between the categories of Ministerial and Executive staff working at the same place under the same and similar circumstances for grant of Ration Allowance in as much as the Ration Allowance is being granted to the Executive staff whereas the same has been denied to the Ministerial Staff and this classification drawn by the respondent department is a figment of their imagination without having any nexus to the object sought to be achieved by the Govt of India vide Annexure A-1. (4.4) That it is respectfully submitted that this arbitrary action of the respondent department was challenged by the staff of the same department at :______ before the Hon'ble Central Administrative Tribunal, :______ Bench in two OAs1, copies of the decision of the same are annexed herewith as (Annexure A-3) and (Annexure A-4) for kind perusal of your Lordships. (4.5) That it is also pertinent to submit herewith that in pursuance to (A-3 & A-4), the respondent No. 2 has moved the case vide communication dated :______ (Annexure A-5) to the respondent No. 1, for issuance of necessary orders authorizing grant of Ration Allowance to the applicants therein. In all morality, the respondent department should have now granted the benefit to all others similarly situated persons without putting them through the rigours of litigation. (4.6) That the applicant No. 1 as well as the other few applicants have also moved application to the respondent department on : ___ (Annexure A-6) to extend the similar benefit to them in view of (A-3 & A-4), but without any fruitful results. Hence this OA. 5. Grounds for Relief: That the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of other: (5.1) That the impugned action of the respondent department whereby they are not allowing __ Ration Allowance to the applicants is malafide, arbitrary, discriminatory and issued in utter violation of rules, regulations, and is violative of Article 14 and 16 of the Constitution of India and natural justice. (5.2) That the respondent department can not draw classification on fictional basis amongst the similarly placed employees and such a classification is arbitrary and illegal and bears no nexus with the object sought to be achieved by categorizing the places under category 'B' or 'C' for grant of all the benefits to all the persons working under those categorized locations. Such a discriminatory classification is not permissible under the law. (5.3) That para 3 of Annexure A-1 permits the head of departments to grant more concessions than those already prescribed in Annexure-I of the ibid letter. It no where permits the Head of Department to even curtail these concessions. Once a place has been categorized in category 'B' or 'C', the concessions are equally to be granted without curtailing the ones already mentioned in Annexure-I. Head of Department can grant more than those concessions under special circumstances and cannot curtail those already enumerated in Annexure-I. (5.4) That the applicants were legitimately expecting that the concessions enumerated in Annexure-I of the ibid letter will be equally extended to them. (5.5) That the respondents are estopped due to their own act, deed and conduct. The principle of promissory Estopple applies against the respondents. (5.6) That the impugned order of the respondents is also against the well settled principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Tribunal in catena of cases. 6. Details of Remedies Exhausted: That the applicant has exhausted all the remedies available to him. Moreover, the matter being of urgent nature, the applicant has no other way but to approach this Hon'ble Tribunal for speedy and efficacious remedy for staying and quashing the impugned order. 7. Matters not Previously Filed or Pending with any Other Court: The applicant further declare that he has not filed any application, writ petition or suit regarding the matter in respect of which this application has been made in any court, other authority or any other Bench of this Hon'ble Tribunal. No such application, writ petition or suit is pending before any of them. 8. Reliefs Sought: That in view of the facts in para 4 above and the grounds in para 5 supra, your Lordship's humble applicant prays for the following reliefs: (a) Quash the impugned inaction of the respondent department whereby they are not allowing __ Ration Allowance to the applicants, being arbitrary, malafide, discriminatory and illegal; (b) Direct the respondents to grant the Ration Allowance to the applicants wef issuance of the A-1, ie; wef : ____ along with arrears and interest @ 18% pa with all other consequential benefits; (c) Direct the respondents to produce all the records of the case along with their reply for perusal by this Hon'ble Tribunal; (d) Allow the cost of this application to the applicant. (e) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 9. Interim Orders: No interim orders are being prayed for at this moment. 10. N.A. 11. Particulars of Postal Order Towards Application Fees: 1. Postal Order Nos.: Dated:_______ 2. Issuing P.O. : :______ 3. Amount Rs : 50/- [Rs fifty only] 4. Payable at : :______ 12. List of Enclosures: As per index._______ Chennai Applicants _____ Through, Advocate Verification: I, _____________________________, do hereby verify that the contents of paras 1 to 5 are true to my personal knowledge and paras 6 to 12 believed to be true on legal advice and that I have not suppressed any material fact. Chennai _______ Applicant BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI O. A. No:_______/:________/:________ Applicant Versus UOI and others Respondents Affidavit I, ______________________________, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the O.A. are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the_____________________________ . Deponent BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI M. A. No:______/:______ in O. A. No::______/:______/:______ Applicants Versus Respondents/Non-applicants M. A. under Rule 4 (5) (a) of Central Administrative Tribunal (Procedure) Rules 1987 Respectfully Sheweth: 1. That the applicants have filed the above mentioned O. A. jointly. 2. That on perusal of the above O. A. and documents attached therewith it is amply evident that all the applicants have common cause of action and a common nature of relief has been prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the O. A. in the jointly in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA jointly. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicants ______ Through, Advocate Verification: I,___________________________, do hereby verify that the contents of para 1 to ________ are true on legal advice and that have not suppressed any material fact. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI M. A. No::______/:______ in O. A. No::______/:______/:______ Applicant Versus Respondents/Non-applicants Affidavit I,:_____________________________, do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying M. A. has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the M. A. are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chenai this the:______________ DEPONENT Annexure A-1 No. ________ Government of India Cabinet Secretariat, ___________________ Date:-_____________ To: The Director (Planning) Directorate General of Security, ________________________ Subject: Grant of concessions to the staff of SSB, SFP, CIOA and Directorate of Accounts. Sir, I am directed to convey the sanction of the President to the grant of concessions mentioned in the Annexure-I to the various categories of staff of SSB, SFF, CIO and Directorate of Accounts subject to the restrictions indicated therein on the pattern of the Research & Analysis Wing of this Secretariat. 2. These orders will take effect wef ________. 3. For some of the concessions the various hardship locations have been categorized as 'B' & 'C' stations as indicated in Annexure-II to this letter. However, if the Heads of the Departments feel at certain times that certain locations or assignments have become specially hazardous and there is a specific increase in the threat to the personnel and/or premises, they can determine on merits the criteria of hardship and the period for which such locations may be categorized as belonging to category 'B' & 'C' stations after recording the reasons in writing. 4. For the purpose of House Rent Allowance concessions to the various categories of staff, the deputation of posts as listed in Annexure 'A' toe the Cabinet Secretariats' Order No. __________________, dated ________, will also be applicable in respect of the staff of SSB, SFF, CIOA and Directorate of Accounts. 5. This issues with concurrence of the Ministry of Finance vide their UO No. ________________ dated ________ read with UO No. ________, dated ________. Yours faithfully, Encl: Annexure-I & II Sd/- (________) Deputy Secretary (SR) Copy to:- 1. ________, Director, SSB. 2. ________, PVSM, IG SBB. 3. ________, Dy. Director of Accounts. 4. ________, CIOA 5. ________, Director (IF) 6. ________, Dy. Director of Accounts (SW) 7. Order File. True Copy of Original Document Annexure A-5 COURT CASE/MOST IMMDT DIRECTORATE GENERAL OF SECURITY OFFICE OF THE DIRECTOR : SSB Subject: OA No. __________________ titled ____________ Vs _____________ Deputy Registrar, CAT, _______________has forwarded a certified copy of judgment dated ________ passed by the Bench of Hon'ble Tribunal CAT,______ ________. A copy of the judgment is enclosed along with a copy of OA No. ___________________dated _____________. 2. Hon'ble CAT, __________________ has directed the respondents to pay ration allowance to the applicants of OA No. ______________dated ________ titled ____________ Vs ___________ wef ____________________ onward within four months from the date of receipt of this order. 3. Respondent was declared category 'B' station with effect from _____________for the purpose of various concession vide this Directorate order No. _______________________ dated ___________ with reference to Cabinet Secretariat order No. __________________________ dated _____________. 4. As the payment of ration allowances are to be made to the applicants within ________ months from the date of receipt of CAT, _________________ order, Cabinet Secretariat are therefore, requested to issue necessary orders, authorising to drawl of ration allowances to all the ________________ applicants posted in __________________ Division with effect from _______________onward. In this connection also kindly refer to this Directorate UO No. _________________ dated ________ and even number ________ dated ________, requesting issue of orders for the grant of ration allowance to all non-executive personnel posted in Category 'B' & 'C' stations. Encls: As above. (________) Joint Deputy Director (FA) Cab. Secretary (________) SSB Directorate UO No. ________ dated ________ True Copy of the Original Document
- Cat Application Reply
Cat Application reply BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI Contempt Petition No.:____________ of 2004 in O. A. No: _____________ Petitioner/Applicant Versus Respondents/Condemner Civil Contempt Petition under Section 17 of the Administrative Tribunals Act, 1985 read with Rules 18 of the Central Administrative Tribunals (Contempt of Court Rules) 1986 and Section 12 of the Contempt of Courts Act, 1971 for punishing the condemners/respondents for having willfully and deliberately disobeyed and not complied with the orders/directions passed by this Hon'ble Tribunal Chennai Applicant ______ Through, Advocate Respectfully Sheweth: 1. That the petitioner filed an OA No. _____________ titled as ___________Vs ___________ before this Hon'ble Tribunal and this Hon'ble Tribunal was pleased to pass the orders on __________________ (Annexure C-1) directing the respondents ______. 2. That it is apparent from the above directions passed by this Hon'ble Tribunal that the order was comprehensive, unambiguous and clear in directing the respondents/condemners to ___________ 3. That the above orders of this Hon'ble Tribunal were personally served by the applicant on the condemner on _________________. Service of the above orders were complete on the condemners. Despite this the condemner has not ___________________. 4. That it is evident from the foregoing that in this way the condemner has committed contempt of this Hon'ble Tribunal for which the condemner deserves to be punished severely in accordance with the law in the interest of justice. 5. That the condemner has purposely, willfully and knowingly disobeyed the sacrosanct orders of this Hon'ble Tribunal, thereby have conducted himself in the most reprehensible and unbecoming manner showing scant regard to the orders of this Hon'ble Tribunal which conduct on the part pf the condemner is palpably, manifestly and gravely contumacious and makes the condemner liable to be dealt with in accordance with the law and punished severely for willfully, deliberately and intentionally flouting, defying and disobeying the supreme authority of this Hon'ble Tribunal. 6. That it is apparent from the material placed on record that no iota of doubt is left regarding the condemners having scant regard and utter disregard to the sacrosanct orders of this Hon'ble Tribunal, and the condemner is prima facie guilty of the contempt of the Tribunal for having deliberately and willfully disobeyed the orders of this Hon'ble Tribunal and the condemner deserves to be dealt with and punished in accordance with the law as by such unbecoming act of the condemner, the condemner has tended to lower the authority of this Hon'ble Tribunal and tended to interfere with the due process of the judicial proceedings and administration of justice. 7. That interest of justice demands that the condemner is dealt with and punished severely in accordance with law for the willful, deliberate and intentional disobedience of the orders of this Hon'ble Tribunal. 8. It is, therefore, most respectfully prayed that My Lords be pleased to punish the condemner in accordance with law and direct the condemner to comply with the orders of this Hon'ble Tribunal dated ______________ immediately________________ in the interest of justice. Such other orders be also passed in favour of the petitioner as deemed fit and proper in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY. Chennai Applicant __________ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI Contempt Petition No.: _____________ of 2004 in O. A. No:_____________ Applicant Versus Respondents Affidavit in support of contempt petition I, ___________________________________, do hereby solemnly affirm and declare as under: - 1. That the accompanying contempt petition has been prepared under my instructions. 2. That the contents of paras 1 to _________ of the contempt petition are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the _________________. Deponent FORM NO. III (See Rule 13 (b) (i) CHARGE IN THE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI Contempt Petition (Civ/Cr) No.: _______of 2004 in OA No. :_______ Petitioner Versus Respondents/Condemners Central Administrative Tribunal, _______________ Bench, hereby charges you __________________as under:- That you, on_____________________, and thereby committed the contempt of this Tribunal punishable under Section 17 of Administrative Tribunal Act 1985, within our cognizance. You are hereby directed to be tried by this Tribunal for the aforesaid charge. (Signature of the Hon’ble Member) The charge was read over and explained to the alleged condemner and his plea was recorded as under:- Condemner No. 1: 1. Do you plead guilty to the charge? Answer: 2. Do you have anything else to say? Answer: Signature of the alleged Condemner Signature of the Hon’ble Member/s Presiding over The Bench Condemner No. 2: 1. Do you plead guilty to the charge? Answer: 2. Do you have anything else to say? answer: Signature of the alleged Condemner Signature of the Hon’ble Member/s Presiding over The Bench BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI Contempt Petition No: ____________of 2004 in OA No.: :_____________ Petitioner VERSUS Respondents KNOW ALL TO whom these presents shall come that I/We _________________________ the above named PETITIONER do hereby appoint: - ______________________ to be the advocate for the PETITIONER in the above mentioned case, to be all following acts, deeds and things or any of them that is to say: 1. To act, appear and plead in the above mentioned case in this Court or any Court in which the same may be tried or heard in the first instance or in Appeal or Letters Patent Appeal or Review or Revision or execution or in any other stage of its progress until its final decision. 2. To present Complaints, Pleadings, O.A., M. A. Appeals, Letters Patent Appeals, Petitions for Appeal to High Court/Supreme Court, Cross-objections or Petition for execution, review, revision withdrawal compromise or other petitions or affidavit or other documents as may be deemed necessary or advisable for the prosecution of the said case in all it's stages. 3. To withdraw or compromise the said case or submit to arbitration any difference or disputes that shall arise touching or in any manner relating to the said cause. 4. To receive moneys and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in course of the prosecution of the said case. 5. To employ and instruct any other Legal Practitioner authorizing him to exercise the powers and authorities hereby conferred on the Advocate whenever he may think fit to do so. AND I/We hereby agree to ratify whatever the advocate or his substitute shall do in the premises. AND I/We hereby agree not to hold the advocate or his substitute responsible for the result of the said cause in consequence of his absence from the court when the said cause is called up for hearing. AND I/We hereby agree that in the event of the whole or any part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said cause until the same is paid. IN WITNESS WHEREOF I/We here up to set my/our hands to these presents the contents of which have been explained to me/us and understood by me/us the :_____________________ Accepted Advocate Client Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-)
- Cat standard application
Download Word Document In English. (Rs.55/-) Download PDF Document In Marathi. (Rs.55/-) Cat standard application BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI OA No.:______ /______/______ Applicant Versus Respondents Application under Section 19 of the Central Administrative Tribunals Act Chennai Applicant ______ Through, Advocate Respectfully Sheweth: Details of application: 1. Particulars of Orders Against Which this Application is Made: That this application is made against the order of the respondent 2. Jurisdiction of Tribunal: That the applicant declares that the subject matter of this application is within the jurisdiction of this Hon'ble Tribunal and it is competent to issue the directions to the respondents for full compliance. 3. Limitation: That the applicant further declares that the application is within the limitation period as prescribed in section 21 of the Central Administrative Tribunals Act 1985. 4. Facts of the Case: (4.1) That the applicant _____ 5. Grounds for Relief: That the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of other: (5.1) That the impugned order is malafide, arbitrary, discriminatory and issued in utter violation of rules, regulations, and is violative of Article 14 and 16 of the Constitution of India and natural justice. (5.2) hat the respondents are estopped due to their own act, deed and conduct. The principle of promissory Estopple applies against the respondents. (5.3) That the impugned order of the respondents is also against the well settled principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Tribunal in catena of cases. 6. Details of Remedies Exhausted: That the applicant has exhausted all the remedies available to him. Moreover, the matter being of urgent nature, the applicant has no other way but to approach this Hon'ble Tribunal for speedy and efficacious remedy for staying and quashing the impugned order. _____ 7. Matters not Previously Filed or Pending with any Other Court: The applicant further declare that he has not filed any application, writ petition or suit regarding the matter in respect of which this application has been made in any court, other authority or any other Bench of this Hon'ble Tribunal. No such application, writ petition or suit is pending before any of them. _______ 8. Reliefs Sought: That in view of the facts in para 4 above and the grounds in para 5 supra, your Lordship's humble applicant prays for the following reliefs: (a) Quash the impugned order ______ being arbitrary, malafide, discriminatory and illegal; (b) Direct the respondents ______ (c) Direct the respondents to produce all the records of the case along with their reply for perusal by this Hon'ble Tribunal; (d) Allow the cost of this application to the applicant. (e) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 9. Interim Orders: It is, therefore, most respectfully prayed that during the pendency of this O.A. the operation of impugned order A-______ may kindly be stayed in the interest of justice. 10. N.A. 11. Particulars of Postal Order Towards Application Fees: 1. Postal Order Nos:_______ dated:_______ 2. Issuing P.O. : _______ 3. Amount Rs : 50/- [Rs fifty only] 4. Payable at : _______ 12. List of Enclosures: As per index. Chennai Applicant ______ Through, Advocate Verification: I,__________________________________, do hereby verify that the contents of paras 1 to 5 are true to my personal knowledge and paras 6 to 12 believed to be true on legal advice and that I have not suppressed any material fact. Verified here at Chennai this___________________________ Chennai ______ Applicant BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI OA No.: ______/______/______ Applicant Versus Respondents Affidavit I, ______________________________, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the O.A. are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______________________ Deponent BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No.: ______/______ in OA No.:______/______/______ Applicants Versus Respondents/Non-applicants MA under Rule 4 (5) (a) of Central Administrative Tribunal (Procedure) Rules 1987 Respectfully Sheweth: 1. That the applicants have filed the above mentioned OA jointly. 2. That on perusal of the above OA and documents attached therewith it is amply evident that all the applicants have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the OA in the jointly in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA jointly. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicant ______ Through, Advocate Verification: I, _________________________, do hereby verify that the contents of para 1 to ______are true on legal and that have not suppressed any material fact. Verified here at Chennai this ______ Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No.: _______/_______ in OA No.:_______/_______/_______ Applicant Versus Respondents/Non-applicants Affidavit I, ____________________________, do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying MA has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the MA are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the____________________. Deponent BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No.: _______/_______ in OA No.:_______ /_______/_______ Applicants Versus Respondents/Non-applicants MA under Rule 4 (5) (b) of Central Administrative Tribunal (Procedure) Rules 1987 Respectfully Sheweth: 1. That the applicants have filed the above mentioned OA jointly. 2. That on perusal of the above OA and documents attached therewith it is amply evident that all the members of the applicant association have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the OA through their Association in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA through their Association. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicant ______ Through, Advocate Verification: I, ______________________, do hereby verify that the contents of para 1 to ______ are true on legal advice and that have not suppressed any material fact. Verified here at Chennai this _______. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No: ______ /______ in OA No:______/______/______ Applicant Versus Respondents/Non-applicants Affidavit I, ,_____________________ do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying MA has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the MA are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______ Deponent
- Sat appoint selection 100 per cent reserve
Sat appoint selection 100 per cent reserve BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI OA No.:______ of 2004 Applicant Versus Respondents Application Under Section 19 of the Administrative Tribunals Act, 1985 Chennai Applicant ______ Through, Advocate Respectfully Sheweth : 1. Particulars of the Applicant As given in the Memo of Parties. 2. Particulars of the Respondents As given in the Memo of Parties. 3. Impugned Order: That the applicant is aggrieved by the impugned order of the respondents whereby they have selected and appointed the respondent No. ________________ as Para Teacher Primary for GPS ___________. 4. Jurisdiction That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal. 5. Limitation: That the applicant further declares that the application is within the limitation. 6. Facts of the Case: 6.1 That the applicant submits that he has applied for the post of Para Teacher Primary in Govt Pry School _____________, under Block Primary Education Officer _______ and under Gram Panchayat . The applicant also belongs to the same Gram Panchayat. 6.2 The applicant possesses the following qualifications and certificates which were duly annexed along with the application and the last date of submissions of application was ___:- - Matriculation % marks A- - Plus Two % marks A- - BA % marks A- - MA %marks A- - B. Ed. % marks A- - SC A-__ - ST A-__ - OBC A-__ - Handicap A-__ - Widow A-__ - Land Donation A-__ - Ex-Servicemen A-__ - IRDP A-__ 6.3 That the interview for the said posts were held at ____ on ____ in which the applicant along with the respondent No. ____ and other candidates participated. ____ 6.4 That the marks are to be allocated in the manner prescribed in the Vidya Upasak Yojna, as per which the applicant viz-a-viz Respondent No. ____ scores the marks as follows:- S.No . Qualification Applicant Respondent - Plus Two (50) (for % marks) (For % marks) - BA & above (10) - (One Year Teaching Course) (5) - SC/ST/OBC (5) - Handicap/Widow/ESM (5) - IRDP (5) - Un-employed (5) - Marks in Viva (15) Total Marks 6.5 That from above it is amply evident that the applicant scored more marks than the respondent No. due to higher academic qualifications and standard. However, there are 15 marks for viva which are to be given by the Chairman and the members (------------------------). 6.6 That _____ GROUNDS 6.7 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :- (a) That the impugned orders of selection and appointment issued by the respondent department are arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice. (b) That the respondent State has formulated TN Primary Assistant Teacher (PAT) Scheme 2003 on the lines of Vidya Upasak Yojna-2001 for selection/appointment of Para Teachers with the underlying rationale that "task of universalisation of Elementary Education is gigantic keeping in view the tough geographical conditions in TN and the non-availability of trained teaching man power. The trained teachers available in the urban and other developed areas are not willing to serve in the remote places as a result of which most of our schools in such areas are without teachers. (c) __That as is evident from the above, the Scheme envisages maximum of 6 marks for Graduate and above. As such where one of the candidate is barely graduate and the other candidate is MA or above, the marks are to be given differently for both, ie; the candidate possessing qualification higher than BA is to be given more marks and a simple graduate is to be given lesser marks out of 6 marks. It is also pertinent to submit herewith that simple graduate qualifies for no post of teaching, whereas on the contrary a candidate possessing MA qualifies to be appointed as Lecturer in 10+2 Schools and as such also different marks are to be given for BA and MA or higher qualifications, which was not done in the instant case and thus the action of the selection board is arbitrary, illegal and contrary to the objective of the Yojna. (d) That the allocation of marks is totally wrong, arbitrary and illegal and has no nexus with the rationale and objective of the Yojna. The rationale and objective is to recruit best available teachers. __However, by allocating marks for handicapped and ST/OBC, the end result will be that there will be 100% recruitment of the candidates belonging to these categories. Such an allocation of marks is unconstitutional and ultra vires. (e) That the respondent department has not conducted selection in consonance with the above guidelines. (f) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents. (g) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases. 7. Reliefs Sought: That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:- (a) Quash the impugned selection and appointment order A-__ whereby the respondent department has selected the respondent No. __, being issued arbitrarily, malafide and illegally by the respondents; (b) Direct the respondents to select and appoint the applicant against the post of Primary Assistant Teacher on the basis of merit __, with all the consequential benefits; (c) __Quash the TN Primary Assistant Teacher (PAT) Scheme 2003 to the extent it allocates marks for ST/handicapped persons as it will bring about undue un-equilibrium in recruitment as there will be 100% induction of the persons belonging to the categories of SC/handicapped; (d) Direct the respondents to produce all the relevant documents along with their reply for perusal by this Hon'ble Tribunal; (e) Allow the cost of this OA; (f) Pass such other order or directions as deemed fit and proper in favour of the applicant. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 8. Interim Orders, If Prayed: That it is most respectfully prayed that during the pendency of this OA the operation of the impugned order/action of selection and appointment ________________ of the respondents whereby they are going to appoint the respondent No. ______________, may kindly be stayed during the pendency of this OA in the interest of justice. 9. Details of Remedies Exhausted: That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal. 10. Matter not Pending with any Other Courts Etc: That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal. 11. Particulars of Court Fees: Court fees worth Rs 50/- is attached herewith. 12. Details of Index: An index containing the details of the documents to be relied upon is enclosed herewith. Chennai Applicant ______ Through, Advocate Verification: I,___________________, do hereby verify that the contents of paras 1 to 12 of the above OA are correct and true and no part of it is false and nothing material has been concealed therein. Verified here at Chennai this ______. BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI OA No.:______ of 2004 Applicant Versus Respondents Affidavit I,_________________________, do hereby solemnly, affirm and declare as under :- 1. That the accompanying OA has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ________________. Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-)
- Sat against disciplinary action
Download Word Document In English. (Rs.55/-) Download PDF Document In Marathi. (Rs.55/-) Sat against disciplinary action BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL TN AT CHENNAI OA No:_____ of 2004 Applicant Versus Respondents OA Under Section 19 of the Administrative Tribunals Act, 1985 Chennai Applicant ______ Through, Advocate Respectfully Sheweth: 1. Particulars of the Applicant: As given in the Memo of Parties. 2. Particulars of the Respondents: As given in the Memo of Parties. 3. Impugned Order: That the applicant is aggrieved by the impugned action of the respondents whereby they ____. The said impugned action is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power. 4. Jurisdiction: That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal. 5. Limitation: That the applicant further declares that the application is within the limitation. 6. Facts of the Case: (a) That the facts leading to filing of the present case and the relevant facts are furnished hereunder in chronological order for the convenience of this Hon’ble court: - ---------------------------------------------------------------------------------------------------------- (b) That _______ GROUNDS (c) That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others: - (i) That the impugned action of the respondent is arbitrary, malafide, illegal, ultra vires, against the Article 39 (d) read with 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice. (ii) That_____________________ _____ (iii) ____________________That as per the settled principle of law, the alleged misconducts pertaining to the period prior to the promotion of the applicant stands condoned. As such the misconducts in Articles of Charges Nos. _______________________ cannot be made grounds for punishment of the applicant. The Disciplinary Authority was prejudiced against the applicant and due to malafide intention and for the extraneous reasons has awarded impugned punishments on the applicant. (iv) __________________That on ________________ (Annexure A-_____), the applicant was served with charge sheet by the Disciplinary Authority for the following four charges:- (v) _________That the applicant submits that on __________ (Annexure A-____) the applicant has prayed for copy of _______________ mentioned in the Annexure A-III with the Charge Sheet so as to enable the applicant to submit his written statement of defense as sought for by the Disciplinary Authority. (vi) ____________ That it is against well established principles of law, rules and regulations that the person who happens to be witness cannot be appointed as Presenting Officer and vice versa. (vii) __________________That the applicant submits that on ____________ (Annexure A-____) the applicant made a representation to the Disciplinary Authority with a copy of the same endorsed to and got received on the same date by the Inquiry Officer, praying therein that the applicant is entitled to seek assistance of a defense assistant in his disciplinary case as per the relevant provisions and therefore the applicant may be granted permission to engage Defense Assistant, Sh. _______________________, who is an advocate. It was also stated therein that Sh. __________________________ has also consented to assist the applicant in the afore-mentioned case in the inquiry. It was obligatory on the part of the Disciplinary Authority to allow Defense Assistant to the applicant and further proceedings could be proceeded only after the Defense Assistant has been allowed to the applicant. (viii) ______________________That the applicant further submits that the said charge sheet was further amended on ____________ (Annexure A-_____) without affording the opportunity to the applicant to file reply to the said amendment. The Disciplinary Authority has not observed the mandatory principles of law, rules and regulations to seek the further written statement from the applicant with regard to the amended charge sheet. (ix)__________ ____That on ________________, (Annexure A-_______) the applicant made a detailed reply to the show cause notice, raising therein various legal objections to the enquiry. Non-consideration of those points is indicative of non-application of mind by the Disciplinary Authority. (x) __________________That the penalty of ______________ imposed by the Disciplinary Authority on the applicant is disproportionate to the alleged misconduct and shocking the conscience as well as indicative of arbitrariness and malafide intention on the part of the Disciplinary Authority. (xi) That the Applicant further submits that on ___________ (Annexure A-_____________) the applicant applied to the Disciplinary Authority to supply day-to-day proceedings of order sheet, witnesses examined in the inquiry and other documents related to inquiry placed on the file so that the applicant could file the appeal. The Disciplinary Authority has flatly denied the same to the applicant on ___________ (Annexure A-_____________). The applicant submits that such denial amounts to denial of natural justice to the applicant and such an action on the part of the respondent Disciplinary Authority is against the well-settled principle of law, rules and regulations. (xii) ______That the inquiry officer is stated to have conducted the hearings in the case on __ without any Defense Assistant having been allowed to the applicant and without giving notice to the applicant, which is against the provisions of Rule 14 of the CCS (CCA). (xiii) ________ That the applicant has thus been deprived of his legitimate rights of cross-examining the witnesses and put his own defense and give defense witnesses. The witnesses were thus examined at the back of the applicant without affording opportunity to the applicant to establish the veracity of their false statements. The witnesses were tutored on the behest of the Disciplinary Authority as they all are the subordinates of the Disciplinary Authority. (xiv) ___________That the applicant was legitimately expecting that after the application of the applicant for Defense Assistant is decided by the Disciplinary Authority, the further disciplinary proceedings will be proceeded in accordance with the law. (xv) ___________That the defense of the presenting officer was recorded in utter violation of Rules 14 (15) of CCS (CCA) Rules 1965, which interalia provides that Presenting Officer appointed in a case cannot be examined as a witness at the enquiry. (xvi) The Disciplinary Authority was required to entrust the enquiry to the Director Departmental Enquiries HP Govt as per State Govt. orders vide notification No. Per(AP-II)(A)(3)1/79/PET dated 22.10.1997 (Annexure A-__) and 01.07.1999 (Annexure A-__). Vide Annexure A-__, it is clearly envisaged that:- “All fresh inquiries in disciplinary proceedings to be initiated against Gazetted Officers (Class-I & Class- II) will be entrusted to the Commissioner Departmental Enquiries and those against the Non-Gazetted Officers/officials will be entrusted to the Director of Departmental inquiries.” (xvii) _______That it is apparent from the above that the Disciplinary Authority has purposely and malafidely violated the above instructions of the state Government. (xviii) ______That the day to day proceedings including copies of depositions of witnesses and the written briefs of the Presenting Officer were not supplied to the applicant as required under Rule 14 Note 6 of CCS (CCA) Rules 1965. (xix) ______That the Disciplinary Authority has not indicated the proposed penalty in the show cause notice which is mandatory requirement. (xx) ______That the Inquiry Officer has never served the applicant with the notice of ex-parte proceedings, which was obligatory on the part of the Inquiry Officer. It is mandatory under the Government Instructions that the notices of all hearings should be served on the accused or communicated to him unless the first notice says that the inquiry will continue from day to day. (xxi) _______That the respondents have not even afforded opportunity to the applicant to see the relevant record being used against the applicant before starting of inquiry. Neither has the applicant been supplied with the Presenting Officer's briefs. (xxii) ___________ That the punishment as awarded by the Disciplinary Authority is not competent as much as the Disciplinary Authority is not the appointing authority of the applicant. (xxiii) That the conclusions arrived at by the disciplinary authority is not reasonably borne from available material/evidence. (xxiv) ______That the Charge sheet has been issued by the incompetent authority. No tenable oral or documentary evidence was brought on record before the Disciplinary Authority. Disciplinary Authority has based its decision on extraneous matters. Similarly the Appellate Authority has rested its decision on the extraneous matters. The Appellate Authority has not applied its own mind. The appellate authority has not supplied the copy of comments sought for from the department to the applicant and thus the decision of the appellate authority has been prejudiced and vitiated. (xxv) ______That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents. (xxvi) _______That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases. 7. Reliefs Sought: That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice: - (a) Quash the impugned _____ being arbitrary, malafide and illegal; (b) Direct the respondents to _____; (c) Allow the cost of this O.A.; (d) Pass such other order or directions as deemed fit and proper in favour of the applicant. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 8. Interim Orders, If Prayed: It is prayed that during the pendency of this OA, the operation of the impugned order A-______ may kindly be stayed in the interest of justice. 9. Details of Remedies Exhausted: That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal. 10. Matter not Pending with any Other Courts Etc: That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal. 11. Particulars of Court Fees: Court fees worth Rs 50/- is attached herewith. 12. Details of Index: An index containing the details of the documents to be relied upon is enclosed herewith. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL TN AT CHENNAI O.A. No:______ of 2004 Applicant Versus Respondents Affidavit I,____________________________, do hereby solemnly, affirm and declare as under: - 1. That the accompanying O.A. has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this ________________________. Deponent BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL TN AT CHENNAI Case No: ______ of 2004 Petitioner VERSUS Respondents KNOW ALL TO whom these presents shall come that I/We __________________ the above named _________________PETITIONER/RESPONDENT do hereby appoint: - _______________ to be the advocate for the ________________ PETITIONER/RESPONDENT in the above mentioned case, to be all following acts, deeds and things or any of them that is to say: 1. To act, appear and plead in the above mentioned case in this Court or any Court in which the same may be tried or heard in the first instance or in Appeal or Letters Patent Appeal or Review or Revision or execution or in any other stage of its progress until its final decision. 2. To present Complaints, Pleadings, O.A., M. A. Appeals, Letters Patent Appeals, Petitions for Appeal to High Court/Supreme Court, Cross-objections or Petition for execution, review, revision withdrawal compromise or other petitions or affidavit or other documents as may be deemed necessary or advisable for the prosecution of the said case in all it's stages. 3. To withdraw or compromise the said case or submit to arbitration any difference or disputes that shall arise touching or in any manner relating to the said cause. 4. To receive moneys and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in course of the prosecution of the said case. 5. To employ and instruct any other Legal Practitioner authorising him to exercise the powers and authorities hereby conferred on the Advocate whenever he may think fit to do so. AND I/We hereby agree to ratify whatever the advocate or his substitute shall do in the premises. AND I/We hereby agree not to hold the advocate or his substitute responsible for the result of the said cause in consequence of his absence from the court when the said cause is called up for hearing. AND I/We hereby agree that in the event of the whole or any part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said cause until the same is paid. IN WITNESS WHEREOF I/We here up to set my/our hands to these presents the contents of which have been explained to me/us and understood by me/us the ______ Accepted ______Advocate Client
- Cat daily wager temprary status
Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) Cat daily wager temprary status BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI O. A. No:________/:_________/:________ Applicant Versus Respondents Application under Section 19 of the Central Administrative Tribunals Act Chennai Applicant ______ Through, Advocate Respectfully Sheweth: Details of application: 1. Particulars of Orders Against Which this Application is Made: That this application is made against the action, rather inaction of the respondents whereby they are not conferring the temporary status on the applicant wef __________________, ie; on completion of 206 days in a given calendar year and not granting other consequential benefits as prayed for herein below. The application is also against the arbitrary and unconstitutional clause in the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993 (A-1). 2. Jurisdiction of Tribunal: That the applicant declares that the subject matter of this application is within the jurisdiction of this Hon'ble Tribunal and it is competent to issue the directions to the respondents for full compliance. 3. Limitation: That the applicant further declares that the application is within the limitation period as prescribed in section 21 of the Central Administrative Tribunals Act 1985. 4. Facts of the Case: (4.1) That the applicant submits that he was initially engaged by the respondent department as _____________ wef __________ (A-2 & A-3) in the exigencies of service initially for spell of one months thereafter giving extensions of 29 days and in such manner the applicant has completed more than 206 days in any given year as per the details annexed as Annexure A-4. It is humbly submitted that the applicant was engaged to perform the duties of regular nature and the applicant was recruited against the existing permanent post. (4.2) That ever since the appointment of the applicant, the applicant is performing his duties with the utmost devotion and sincerity to the entire satisfaction of his superior officers. (4.3) That it is also pertinent to mention here that the appointment of the applicant is against the permanent sanctioned post and the sanction for the said post is being granted by the competent authority from time to time (A-5). It is also respectfully submitted that the duties being performed by the applicant are same and similar to the duties of the regular hands. (4.4) That with the efflux of time the applicant has got vested rights to be conferred upon a temporary status in accordance with the rules and regulations and thereafter to be granted consequential benefits as well as to be regularized. (4.5) That accordingly the applicant as well as the other similarly situated persons have applied on :______ (A-6) to the respondent department to grant temporary status as well as other consequential benefits. The said representation of the applicant was further routed to the appropriate authority by the respondent department. (A-7). (4.6) That however, the competent authority has turned down the representation of the applicant on _____________ (A-8) and other similarly situated persons with the objection that the temporary status could be granted to only those casual workers who were in employment on the date of issue of the OM (A-1). (4.7) That it is also pertinent to submit here with that in the meantime some of the similarly situated persons have filed an OA No. :_________ titled as :___________ Vs :___________, wherein this Hon'ble Tribunal was pleased to direct the respondents to consider the representations of the applicants therein. As such the applicant was also waiting for the outcome of the consideration of the representations of those applicants. (4.8) That it is also pertinent to submit herewith that the respondent department has conferred benefits envisaged as under the annexure A-1 to the similarly situated persons at :_________ (A-9) and at :______ (A-10). Thus the applicant can not be discriminated upon in such manner for grant of temporary status as well as the other consequential benefits. 5. Grounds for Relief: That the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of other: (5.1) That the clause 3 of the impugned OM (A-1) and the impugned orderA-8 are malafide, arbitrary, discriminatory and issued in utter violation of rules, regulations, and is violative of Article 14 and 16 of the Constitution of India and natural justice. (5.2) That the clause 3 of the Scheme (A-1) is arbitrary and unconstitutional and ultravires to the extent it makes the scheme applicable only to those casual labourers who were in employment on the date of issuance of the said scheme, ie; :_________________________.. (5.3) That the impugned cut-off date is unconstitutional and ultra vires and creates unreasonable classification between the Casual Labourers and has no nexus with the object of granting temporary status to the similarly situated casual labourers so as to avoid their exploitation and unfair labour practice. (5.4) That the respondent Union of India has created distinction between the Casual Labourers which is not based on any intelligible differentia which can distinguish Casual Labourers grouped together for the purpose of extending the benefits under the Scheme and has no nexus with the object of stopping unfair labour practice sought to be achieved, by the Scheme of 1993. (5.5) That the differentia on which the classification is founded is lacking in rational relation to the object sought to be achieved by the impugned scheme and the order under challenge. (5.6) That the impugned clause does not sub serve the purpose sought to be achieved. (5.7) That the classification in the impugned definition is against well settled principles laid down by the Hon'ble Supreme Court and other Hon'ble High Courts and this Hon'ble Tribunal in catena of cases. (5.8) That otherwise also it was incumbent upon the respondents to review and revise the it strength position of regular and permanent employee as the applicant has continued for a considerably long period justifying his regularization against the regular post which is existing in the respondent department as is clear from A-5. (5.9) That the respondent Union of India to is arbitrarily not amending or relaxing the provision of the Clause No. 4 under the provisions of clause No. 11 of the said Scheme, so as to make it applicable to all casual employees/labourers who have been engaged after the date of issuance of this scheme so as to bring the scheme in consonance with the Articles 14 and 16 of the Constitution of India; (5.10) That the respondents are stopped due to their own act, deed and conduct. The principle of promissory Stopple applies against the respondents. (5.11) That the impugned order of the respondents is also against the well settled principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Tribunal in catena of cases. 6. Details of Remedies Exhausted: That the applicant has exhausted all the remedies available to him. Moreover, the matter being of urgent nature, the applicant has no other way but to approach this Hon'ble Tribunal for speedy and efficacious remedy for staying and quashing the impugned order. 7. Matters not Previously Filed or Pending with any Other Court: The applicant further declare that he has not filed any application, writ petition or suit regarding the matter in respect of which this application has been made in any court, other authority or any other Bench of this Hon'ble Tribunal. No such application, writ petition or suit is pending before any of them. 8. Reliefs Sought: That in view of the facts in para 4 above and the grounds in para 5 supra, your Lordship's humble applicant prays for the following reliefs: (a) Quash the impugned action of the respondents whereby they are not conferring the temporary status on the applicant wef _____________, being arbitrary, malafide, discriminatory and illegal; (b) Direct the respondents to confer temporary status on the applicant wef ___________, ie; on which date the applicant has completed more than minimum requisite numbers of days; (c) Direct the respondents to pay wages at daily rates with reference to the minimum of the pay scale (including DA, HRA and CCA and taking into account the benefits of increments at the same rate as applicable to a Group D employee for calculating pro-rata wages for every one year of service) for a corresponding regular Group D officials wef ______________ along with arrears and interest thereon @ 18% pa till realization of the whole payments; (d) Direct the respondents grant the leave to the applicants on a pro-rata basis at the rate of one days for every 10 days of work as well as maternity/paternity leave; (e) Direct the respondents to treat the applicant at par with the Group D employees wef______ after granting temporary status wef ______________ and counting three years there from; for the purpose of contribution to the General Provident Fund and also pay festival advance etc; (f) Direct the respondents to pay productivity linked bonus to the applicant; (g) Quash the Clause 3 of the Department of Personnel & Training Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993 to the extent it is made applicable to the casual labourers in employment of the Ministries/Departments of Government of India and their attached and subordinate officers, "on the date of issue of these orders", being arbitrary, irrational and unconstitutional by applying the principle of severability; (h) Direct the respondents to regularize the services of the applicant against the regular Group D posts against they are working for considerably long number of years; (i) Direct the respondent Union of India to amend or relax the provision of the Clause No. 4 under the provisions of clause No. 11 of the said Scheme, so as to make it applicable to all casual employees/labourers who have been engaged after the date of issuance of this scheme so as to bring the scheme in consonance with the Articles 14 and 16 of the Constitution of India; (j) Direct the respondents to produce all the records of the case along with their reply for perusal by this Hon'ble Tribunal; (k) Allow the cost of this application to the applicant. (l) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent . AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 9. Interim Orders: No interim orders are being prayed for at this time. 10. N.A. 11. Particulars of Postal Order Towards Application Fees: 1. Postal Order Nos.:_____ Dated:______ 2. Issuing P.O. : :______ 3. Amount Rs : 50/- [Rs fifty only] 4. Payable at: :______ 12. List of Enclosures: As per index. Chennai Applicants ______ Through Advocate Verification: I, ___________________________, do hereby verify that the contents of paras 1 to 5 are true to my personal knowledge and paras 6 to 12 believed to be true on legal advice and that I have not suppressed any material fact. Verified here at Chennai this ________________ Applicant BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI O. A. No: ______/:________/:________ Applicant Versus Respondents Affidavit I, _____________________, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the O.A. are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein Affirmed at Chennai this the ______________________ . Deponent BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI M. A. No:_______/:______ in O. A. No:_____ /:______/:______ Applicants Versus Respondents/Non-applicants M. A. under Rule 4 (5) (a) of Central Administrative Tribunal (Procedure) Rules 1987 Respectfully Sheweth: 1. That the applicants have filed the above mentioned O. A. jointly. 2. That on perusal of the above O. A. and documents attached therewith it is amply evident that all the applicants have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the O. A. in the jointly in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA jointly. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicants ______ Through, Advocate Verification: I, _____________, do hereby verify that the contents of para 1 to _______ are true on legal advice and that have not suppressed any material fact. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI M. A. No: _______/:______ in O. A. No:_______/:______/:______ Applicant Versus Respondents/Non-applicants Affidavit I, ________________________________, do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying M. A. has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the M. A. are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the________________________________. DEPONENT BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI M. A. No:_______/:______ in O. A. No:_______/:______/:______ Applicants Versus Respondents/Non-applicants M. A. under Rule 4 (5) (b) of Central Administrative Tribunal (Procedure) Rules 1987 Respectfully Sheweth: 1. That the applicants have filed the above mentioned O. A. jointly. 2. That on perusal of the above O. A. and documents attached therewith it is amply evident that all the members of the applicant association have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the O. A. through their Association in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA through their Association. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicants _______ Through, Advocate Verification: I, __________________, do hereby verify that the contents of para 1 to _______are true on legal advice and that have not suppressed any material fact. Chennai Applicant _ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI M. A. No:_______/:______ in O. A. No:_______/:______/:______ Applicant Versus Respondents/Non-applicants Affidavit I, _____________________________, do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying M. A. has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the M. A. are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the_______________________. DEPONENT
- Sat Appoint Selection Panchayat Favouritism
Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) Sat Appoint Selection Panchayat Favouritism BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI O. A. No:______ of 2004 Applicant Versus Respondents Application Under Section 19 of the T.N. Administrative Tribunals Act, 1985 Chennai Applicant _____ Through, Advocate Respectfully Sheweth : 1. Particulars of the Applicant As given in the Memo of Parties. 2. Particulars of the Respondents As given in the Memo of Parties. 3. Impugned Order: That the applicant is aggrieved by the impugned order issued by the respondent No. 4, (Annexure A ) whereby he has appointed the respondent No. 5 as Gram Panchayat Sahayak, being his relative in as much as the respondent No. 5 is _________ of the respondent No. 4. The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power. 4. Jurisdiction That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal. 5. Limitation: That the applicant further declares that the application is within the limitation. 6. Facts of the Case: 6.1 That the applicant submits that ______ 6.2 That the respondent state vide its notification No. __________ dated _____ has authorized Gram Panchayat Assistant's post to the respondent No. _____ Panchayat, to be filled in by the concerned Gram Pradhan. (Annexure A-2) 6.3 That the respondent No. _____ vide letter No. _____ dated _____ (A-1) has even specifically informed the respondent No. 4 that while appointing the Gram Panchayat Assistants the special care be taken that the candidate for the above post should not be a father, grand father, in-laws, uncle, son, daughter, grand-son, brother, nephew, brother-in-law or sister-in-law, wife, sister, son-in-law of any of the officials/members of the Panchayat. The main reason behind the A-1 is to avoid nepotism and favouritism and ensure transparency and fair play in the matter of appointment as Gram Panchayat Sahayaks. The above instructions are therefore in keeping with the Articles 14 and 16 of the Constitution of India. GROUNDS 6.4 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :- (a) That the impugned action of the respondent No. 4 whereby he has selected and appointed the respondent No. 5 as Gram Panchayat Sahayak is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice. (b) That the applicant has not been selected and appointed in accordance with the provisions laid down in A-2 after following the due process. (c) That the action of the respondent No. 4 in selecting and appointing the respondent No. 5 as Gram Panchayat Sahayak is bereft of transparency and fair play and smacks of nepotism and favouritism. (d) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents. (e) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases. 7. Reliefs Sought: That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:- (a) Quash the impugned order issued arbitrarily, malafidely and illegally by the respondents; (b) Direct the respondent No. 4 to select and appoint the applicant for the post of Gram Panchayat Sahayak and send the applicant for the training in accordance with the provisions of A-2; (c) Direct the respondents to produce all the relevant documents for perusal by this Hon'ble Tribunal; (d) Allow the cost of this O.A.; (e) Pass such other order or directions as deemed fit and proper in favour of the applicant. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 8. Interim Orders, If Prayed: It is, therefore, most respectfully prayed that during the pendency of the OA the respondent No. 4 be restrained from continuing the respondent No. 5 in service as Gram Panchayat Sahayak. 9. Details of Remedies Exhausted: That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal. 10. Matter not Pending with any Other Courts Etc: That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal. 11. Particulars of Court Fees: Court fees worth Rs 50/- is attached herewith. 12. Details of Index: An index containing the details of the documents to be relied upon is enclosed herewith. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI O. A. No:______ of 2004 Applicant Versus Respondents Affidavit I,_________________________, do hereby solemnly, affirm and declare as under :- 1. That the accompanying O. A. has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent Annexure A-2/T No. _______ Office of Block Development Officer Development Block _______ Dated: _________. To: Pradhan Gram Panchayat_______ Subject: Directions regarding appointment of Gram Panchayat Sahayak In compliance to the Director, Rural Development and Panchayati Raj Department vide his office letter No._________ _______ dated _____________, you are hereby informed that you will take special care while appointing Gram Panchayat Sahayak that the candidate is not father, grand father, in-laws, uncle, son, daughter, grand-son, brother, nephew, brother-in-law or sister-in-law, wife, sister, son-in-law of any of the officials/members of the Panchayat and should not be aged more than 58 years of age. Assistant Commissioner (Development) & Block Development Officer Development Block _______ Endst No. _______ dated _______ Copy forwarded to: Gram Panchayat & Development Officer, Gram Panchayat ___________ with the instructions that he will send the information to the undersigned after confirming from the Parivar Register. Assistant Commissioner (Development) & Block Development Officer Development Block _________________ True Translation Annexure A-2/T True Translation Government of _______ Rural Development Department No. _______ dated _______ Notification 1.0 WHEREAS after the bringing into force the Tamil Nadu Panchayat Raj Act, 1994, in accordance with the 73rd amendment of the Constitution, the process the grant more powers and responsibilities to the Panchayat Raj Organisations, and as a result of this the powers and responsibilities of 15 departments have been transferred to the Gram Panchayats, because the number of the Gram Panchayats is far more than the availability of the Gram Panchayat and Development Officials in the Department and therefore the Panchayat Assistant Scheme to grant the services of part-time persons to the Gram Panchayats was under consideration. 1.1 Therefore, the Government of Tamil Nadu has taken this decision that 50% of the Gram Panchayats notified by the Government of Tamil Nadu, which comes to 1461, one Gram Panchayat Sahayak can be appointed on contract on the following conditions:- I. The minimum qualification of the candidate should be matriculate. II. The candidate should belong to the same Gram Panchayat. III. For this work, the panchayat will appoint only such mature person who has knowledge of working in that area and does not consider this only as a means of employment. IV The minimum age limit will be 18 years. V. Such person only should be appointed as Assistant who can spare time to do the work of that Panchayat. 2.0 The Selection Process and Appointment. 2.1 For the appointment of Gram Panchayat Assistant, the concerned Gram Panchayat will ask for the applications from the eligible candidates and this notice will be displayed on the notice board of the Gram Panchayat. 2.2 The application should be on the plain paper stating educational qualification and other qualifications etc. The selection and appointment of the Gram Panchayat Sahayak will be done by the concerned Gram Panchayat. 2.4 If the selected candidate does not report on duty within 10 days, then the next candidate in the Waiting List will be selected. 2.5 The candidate appointed under this scheme will be part-time employee of the concerned Gram Panchayat and he will be known as the Gram Panchayat Sahayak of the concerned Gram Panchayat. 2.6 The selected candidate will be issued appointment letter by the Pradhan of the concerned Gram Panchayat. One copy of the appointment letter will be forwarded to the concerned Block Development Officer for his record. 2.7 The appointment of the Gram Panchayat Assistant will be on the basis of contract initially for one year, which will be renewed from time to time by the concerned Gram Panchayat after evaluating the work proficiency of the candidate. 2.8 The Gram Panchayat will have complete administrative control over the Gram Panchayat Assistant. In case of any negligence/irregularity in duty, the Gram Panchayat will take disciplinary action against him. If the work of the Gram Panchayat Sahayak is not found satisfactory, then his services will be terminated by the Gram Panchayat after giving him opportunity of personal hearing. 2.9 The Gram Panchayat Assistant appointed under this scheme will work for 3 hours in the office of the Gram Panchayat. The time schedule will be fixed for him by the concerned Panchayat. 3.0 The Duties of Panchayat Assistant The Gram Panchayat Assistant will carry on the work and responsibilities given by the concerned Gram Panchayat, like:- 1. Assistance in the Work of Gram Panchayat and Development Officer (a) In preparation of records of Gram Panchayat. (b) In maintenance of the Pariwar and Marriage Register. (c) In issuance of Birth-Death, IRDP or marriage certificates. (d) In collection of fees/penalty and in giving the copies of the decisions etc taken by the panchayat in accordance with the rules. (e) In writing the proceedings of the Gram Panchayat/Sabha meetings and in giving the copies of resolutions of these meetings to the concerned. (f) In preparation of voter lists during the elections. II. Assistance of the (a) In issuance of Ration cards. (b) In issuance of summons in civil/criminal matters to the concerned. II (a) In other matters entrusted by the Gram Panchayat. 3.2 Every Gram Panchayat Assistant will inform to the to the concerned Gram Panchayat & Development Officer the works given under the provisions of Panchayat Raj Act. The Gram Panchayat & Development Officer will also inspect the work of the Gram Panchayat Assistant. 4.0 Honorarium 4.1 Every Gram Panchayat, where the Gram Panchayat Assistant has been appointed , will give to the Gram Panchayat Assistant an honorarium of Rs. 600/- per month out of the aid given by the state government. 4.2 Where the Panchayat feels that the services of the Gram Panchayat Sahayak are to be taken for more time, then the concerned panchayat will pay him more from its own resources. 5.0 Training 5.1 The Gram Panchayat Assistants appointed by the Gram Panchayat will be given minimum 30 days training by the Panchayat Raj Department. 5.2 If any selected candidate does not participate in the training given by the Panchayat Raj Department, then the appointment letter issued by the concerned Gram Panchayat will be canceled. 6.0 Selection of Gram Panchayats for appointment of Gram Panchayat Assistants6.1 Every Panchayat Samiti will keep in view that the Gram Panchayats under where the Gram Panchayat and Development Officers are appointed, the decision to appoint the Gram Panchayat Assistants will be taken under this scheme only for those Panchayats the population of which is less and will be given to the Panchayat Sahayaks. Such Development Blocks where the number of panchayats is odd, ie; 39, 41, 59, 61 etc. two panchayats will be handedover to the Gram Panchayat & Development Officers, and in one Panchayat the Gram Panchayat Assistant will be appointed. Under no circumstances the number of Panchayats should be more than half of the total number of the Panchayats. For the appointments of Gram Panchayat Sahayaks, the union of the Panchayats will be only once and under no circumstances will not be changed or repeated under any circumstances. 7.0 Removal of Difficulties If there is any difficulty in implementation of this scheme, the state government will make appropriate amendments to remove the same. By the order of (--------------------) Commr.-cum-Secretary (Rural Development) Government of Tamil Nadu Endst No. ______ dated ______. Copy to:- 1. All Gram Panchayat Pradhans, Development Block ______. 2. All Gram Panchayat & Block Development Officers, Development Block, ______ Assistant Commissioner, (Development) & Block Development Officer, ______ True Translation
- Sat appoint panchayat wrongful termination
Download Word Document In English. (Rs.55/-) Download PDF Document In Marathi. (Rs.55/-) Sat appoint panchayat wrongful termination BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI OA No.:_____ of 2004 Applicant Versus Respondents Application Under Section 19 of the Administrative Tribunals Act, 1985 Chennai Applicant _____ Through, Advocate Respectfully Sheweth : 1. Particulars of the Applicant As given in the Memo of Parties. 2. Particulars of the Respondents As given in the Memo of Parties. 3. Impugned Order: That the applicant is aggrieved by the impugned order issued by the respondent No. 3, (Annexure A-1) whereby he has directed the respondent No. 4 to sponsor the name of some other candidate for the post of Gram Panchayat Sahayak at Gram Panchayat Satog and terminate the services of the applicant arbitrarily and illegally. The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power. 4. Jurisdiction That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal. 5. Limitation: That the applicant further declares that the application is within the limitation. 6. Facts of the Case: 6.1 That the applicant submits that _______ 6.2 That the respondent state vide its notification No. _____________ dated _____________ has authorized Gram Panchayat Assistant's post to the respondent No. 4 Panchayat, to be filled in by the concerned Gram Pradhan. (Annexure A-2) 6.3 That now the respondent No. 3 vide letter No. _________________ dated ______________ (A-1) has informed the respondent No. 4 that while appointing the Gram Panchayat Assistants the special care be taken that the candidate for the above post should not be a father, grand father, in-laws, uncle, son, daughter, grand-son, brother, nephew, brother-in-law or sister-in-law, wife, sister, son-in-law of any of the officials/members of the Panchayat. GROUNDS 6.4 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :- (a) That the impugned order A-1 issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice. (b) That the applicant has been selected and appointed in accordance with the provisions laid down in A-2 after following the due process. The provisions of A-2 cannot be over-ridden by an executive order A-1 and the A-1 is thus ultra vires. Moreover, no such embargo can be imposed by the respondent No. 2 or 3 on the appointment of the applicant as it clearly violates the provisions of Articles 14 and 16 of the Constitution of India. (c) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents. (d) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases. 7. Reliefs Sought: That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:- (a) Quash the impugned order issued arbitrarily, malafidely and illegally by the respondents; (b) Direct the respondents to permit the applicant to continue in service as Gram Panchayat Sahayak and send the applicant for the training in accordance with the provisions of A-2; (c) Direct the respondents to produce all the relevant documents for perusal by this Hon'ble Tribunal; (d) Allow the cost of this O.A.; (e) Pass such other order or directions as deemed fit and proper in favour of the applicant. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 8. Interim Orders, If Prayed: It is, therefore, most respectfully prayed that during the pendency of the OA the operation of A _____ may kindly be stayed and the respondents be restrained from terminating the service of the applicant and the respondents be further restrained from selecting and appointing any other candidate in place of the applicant. 9. Details of Remedies Exhausted: That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal. 10. Matter not Pending with any Other Courts Etc: That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal. 11. Particulars of Court Fees: Court fees worth Rs 50/- is attached herewith. 12. Details of Index: An index containing the details of the documents to be relied upon is enclosed herewith. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI OA No.:______ of 2004 Applicant Versus Respondents Affidavit I,__________________________, do hereby solemnly, affirm and declare as under :- 1. That the accompanying O.A. has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent Annexure A-2/T No. ______ Office of Block Development Officer Development Block ______, ______; ______ Dated: ____________. To: Pradhan Gram Panchayat______________________________ Subject: Directions regarding appointment of Gram Panchayat Sahayak In compliance to the Director, Rural Development and Panchayati Raj Department vide his office letter No. ________________ dated ________________, you are hereby informed that you will take special care while appointing Gram Panchayat Sahayak that the candidate is not father, grand father, in-laws, uncle, son, daughter, grand-son, brother, nephew, brother-in-law or sister-in-law, wife, sister, son-in-law of any of the officials/members of the Panchayat and should not be aged more than 58 years of age. Assistant Commissioner (Development) & Block Development Officer Development Block ______. Endst No. ______ dated ______ Copy forwarded to: Gram Panchayat & Development Officer, Gram Panchayat _______ with the instructions that he will send the information to the undersigned after confirming from the Parivar Register. Assistant Commissioner (Development) & Block Development Officer Development Block ______. True Translation Annexure A-2/T True Translation Government of ______ Rural Development Department No. __________________ dated ____________. Notification 1.0 WHEREAS after the bringing into force the Tamil Nadu Panchayati Raj Act, 1994, in accordance with the 73rd amendment of the Constitution, the process the grant more powers and responsibilities to the Panchayati Raj Organisations, and as a result of this the powers and responsibilities of 15 departments have been transferred to the Gram Panchayats, because the number of the Gram Panchayats is far more than the availability of the Gram Panchayat and Development Officials in the Department and therefore the Panchayat Assistant Scheme to grant the services of part-time persons to the Gram Panchayats was under consideration. 1.1 Therefore, the Government of Tamil Nadu has taken this decision that 50% of the Gram Panchayats notified by the Government of Tamil Nadu, which comes to 1461, one Gram Panchayat Sahayak can be appointed on contract on the following conditions:- I. The minimum qualification of the candidate should be matriculate. II. The candidate should belong to the same Gram Panchayat. III. For this work, the panchayat will appoint only such mature person who has knowledge of working in that area and does not consider this only as a means of employment. IV The minimum age limit will be 18 years. V. Such person only should be appointed as Assistant who can spare time to do the work of that Panchayat. 2.0 The Selection Process and Appointment. 2.1 For the appointment of Gram Panchayat Assistant, the concerned Gram Panchayat will ask for the applications from the eligible candidates and this notice will be displayed on the notice board of the Gram Panchayat. 2.2 The application should be on the plain paper stating educational qualification and other qualifications etc. The selection and appointment of the Gram Panchayat Sahayak will be done by the concerned Gram Panchayat. 2.4 If the selected candidate does not report on duty within 10 days, then the next candidate in the Waiting List will be selected. 2.5 The candidate appointed under this scheme will be part-time employee of the concerned Gram Panchayat and he will be known as the Gram Panchayat Sahayak of the concerned Gram Panchayat. 2.6 The selected candidate will be issued appointment letter by the Pradhan of the concerned Gram Panchayat. One copy of the appointment letter will be forwarded to the concerned Block Development Officer for his record. 2.7 The appointment of the Gram Panchayat Assistant will be on the basis of contract initially for one year, which will be renewed from time to time by the concerned Gram Panchayat after evaluating the work proficiency of the candidate. 2.8 The Gram Panchayat will have complete administrative control over the Gram Panchayat Assistant. In case of any negligence/irregularity in duty, the Gram Panchayat will take disciplinary action against him. If the work of the Gram Panchayat Sahayak is not found satisfactory, then his services will be terminated by the Gram Panchayat after giving him opportunity of personal hearing. 2.9 The Gram Panchayat Assistant appointed under this scheme will work for 3 hours in the office of the Gram Panchayat. The time schedule will be fixed for him by the concerned Panchayat. 3.0 The Duties of Panchayat Assistant The Gram Panchayat Assistant will carry on the work and responsibilities given by the concerned Gram Panchayat, like:- 1. Assistance in the Work of Gram Panchayat and Development Officer (a) In preparation of records of Gram Panchayat. (b) In maintenance of the Pariwar and Marriage Register. (c) In issuance of Birth-Death, IRDP or marriage certificates. (d) In collection of fees/penalty and in giving the copies of the decisions etc taken by the panchayat in accordance with the rules. (e) In writing the proceedings of the Gram Panchayat/Sabha meetings and in giving the copies of resolutions of these meetings to the concerned. (f) In preparation of voter lists during the elections. II. Assistance of the (a) In issuance of Ration cards. (b) In issuance of summons in civil/criminal matters to the concerned. II (a) In other matters entrusted by the Gram Panchayat. 3.2 Every Gram Panchayat Assistant will inform to the to the concerned Gram Panchayat & Development Officer the works given under the provisions of Panchayati Raj Act. The Gram Panchayat & Development Officer will also inspect the work of the Gram Panchayat Assistant. 4.0 Honorarium 4.1 Every Gram Panchayat, where the Gram Panchayat Assistant has been appointed , will give to the Gram Panchayat Assistant an honorarium of Rs. 600/- per month out of the aid given by the state government. 4.2 Where the Panchayat feels that the services of the Gram Panchayat Sahayak are to be taken for more time, then the concerned panchayat will pay him more from its own resources. 5.0 Training 5.1 The Gram Panchayat Assistants appointed by the Gram Panchayat will be given minimum 30 days training by the Panchayati Raj Department. 5.2 If any selected candidate does not participate in the training given by the Panchayati Raj Department, then the appointment letter issued by the concerned Gram Panchayat will be canceled. 6.0 Selection of Gram Panchayats for appointment of Gram Panchayat Assistants6.1 Every Panchayat Samiti will keep in view that the Gram Panchayats under where the Gram Panchayat and Development Officers are appointed, the decision to appoint the Gram Panchayat Assistants will be taken under this scheme only for those Panchayats the population of which is less and will be given to the Panchayat Sahayaks. Such Development Blocks where the number of panchayats is odd, ie; 39, 41, 59, 61 etc. two panchayats will be handed over to the Gram Panchayat & Development Officers, and in one Panchayat the Gram Panchayat Assistant will be appointed. Under no circumstances the number of Panchayats should be more than half of the total number of the Panchayats. For the appointments of Gram Panchayat Sahayaks, the union of the Panchayats will be only once and under no circumstances will not be changed or repeated under any circumstances. 7.0 Removal of Difficulties If there is any difficulty in implementation of this scheme, the state government will make appropriate amendments to remove the same. By the order of (------------------------) Commr.-cum-Secretary (Rural Development) Government of Tamil Nadu Endst No. ______ dated ______. Copy to:- 1. All Gram Panchayat Pradhans, Development Block ______. 2. All Gram Panchayat & Block Development Officers, Development Block, ______ Assistant Commissioner, (Development) & Block Development Officer, ______ True Translation Before the Hon'ble State Administrative Tribunal at Chennai O. A. No.: _____ of 2004 Applicant Versus Respondents Court Fees Rs. 50/- Chennai Applicant ______ Through, Advocate
- Cat reply 1
Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) Cat reply 1 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI OA No.:______ /______/______ Applicant Versus Respondents Application under Section 19 of the Central Administrative Tribunals Act Chennai Applicant ______ Through, Advocate Respectfully Sheweth: Details of application: 1. Particulars of Orders Against Which this Application is Made: That this application is made against the order of the respondent 2. Jurisdiction of Tribunal: That the applicant declares that the subject matter of this application is within the jurisdiction of this Hon'ble Tribunal and it is competent to issue the directions to the respondents for full compliance. 3. Limitation: That the applicant further declares that the application is within the limitation period as prescribed in section 21 of the Central Administrative Tribunals Act 1985. 4. Facts of the Case: (4.1) That the applicant ____________________ 5. Grounds for Relief: That the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of other: (5.1) That the impugned order is malafide, arbitrary, discriminatory and issued in utter violation of rules, regulations, and is violative of Article 14 and 16 of the Constitution of India and natural justice. (5.2) hat the respondents are estopped due to their own act, deed and conduct. The principle of promissory Estopple applies against the respondents. (5.3) That the impugned order of the respondents is also against the well settled principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Tribunal in catena of cases. 6. Details of Remedies Exhausted: That the applicant has exhausted all the remedies available to him. Moreover, the matter being of urgent nature, the applicant has no other way but to approach this Hon'ble Tribunal for speedy and efficacious remedy for staying and quashing the impugned order. _______________ 7. Matters not Previously Filed or Pending with any Other Court: The applicant further declare that he has not filed any application, writ petition or suit regarding the matter in respect of which this application has been made in any court, other authority or any other Bench of this Hon'ble Tribunal. No such application, writ petition or suit is pending before any of them. ______________________ 8. Reliefs Sought: That in view of the facts in para 4 above and the grounds in para 5 supra, your Lordship's humble applicant prays for the following reliefs: (a) Quash the impugned order ______________________ being arbitrary, malafide, discriminatory and illegal; (b) Direct the respondents ______________________ (c) Direct the respondents to produce all the records of the case along with their reply for perusal by this Hon'ble Tribunal; (d) Allow the cost of this application to the applicant. (e) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 9. Interim Orders: It is, therefore, most respectfully prayed that during the pendency of this O.A. the operation of impugned order A-_________________________ may kindly be stayed in the interest of justice. 10. N.A. 11. Particulars of Postal Order Towards Application Fees: 1. Postal Order Nos:_______ dated:_______ 2. Issuing P.O. : _______ 3. Amount Rs : 50/- [Rs fifty only] 4. Payable at : _______ 12. List of Enclosures: As per index. Chennai Applicant ______ Through, Advocate Verification: I,_______________________, do hereby verify that the contents of paras 1 to 5 are true to my personal knowledge and paras 6 to 12 believed to be true on legal advice and that I have not suppressed any material fact. Verified here at Chennai this______ Chennai ______ Applicant BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI OA No.: ________/________/________ Applicant Versus Respondents Affidavit I, __________________________________, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 12 of the O.A. are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______ Deponent BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No.: ______/______ in OA No.:______/______/______ Applicants Versus Respondents/Non-applicants MA under Rule 4 (5) (a) of Central Administrative Tribunal (Procedure) Rules 1987 Respectfully Sheweth: 1. That the applicants have filed the above mentioned OA jointly. 2. That on perusal of the above OA and documents attached therewith it is amply evident that all the applicants have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the OA in the jointly in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA jointly. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicant ______ Through, Advocate Verification: I, _________________________, do hereby verify that the contents of para 1 to ______are true on legal and that have not suppressed any material fact. Verified here at Chennai this ____________________________________________ Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No.: _______/_______ in OA No.:_______/_______/_______ Applicant Versus Respondents/Non-applicants Affidavit I, __________________________________, do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying MA has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the MA are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the_______. Deponent BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No.: _______/_______ in OA No.:_______ /_______/_______ Applicants Versus Respondents/Non-applicants MA under Rule 4 (5) (b) of Central Administrative Tribunal (Procedure) Rules 1987 espectfully Sheweth: 1. That the applicants have filed the above mentioned OA jointly. 2. That on perusal of the above OA and documents attached therewith it is amply evident that all the members of the applicant association have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter. 3. That interest of justice demands that the applicants are allowed to file the OA through their Association in the interest of justice. 4. It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA through their Association. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. Chennai Applicant ______ Through, Advocate Verification: I, _________________________, do hereby verify that the contents of para 1 to ______ are true on legal advice and that have not suppressed any material fact. Verified here at Chennai this _______. Chennai Applicant ______ Through, Advocate BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI MA No: ______ /______ in OA No:______/______/______ Applicant Versus Respondents/Non-applicants Affidavit I, ,_______________________ do hereby solemnly affirm and declare as under:- 1. That I am duly authorized by the other applicants to file the present MA and am fully conversant with the facts of the case. 2. That the accompanying MA has been drafted under my instructions. 3. That the contents of paras 1 to 4 of the MA are correct and true to the best of my knowledge. 4. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______ Depone nt
- APPOINTMENT OF DIRECTORS RELATIVES [SECTION 314(1B)]
APPOINTMENT OF DIRECTORS RELATIVES [SECTION 314(1B)] "RESOLVED THAT subject to the approval of the Central Government pursuant to provisions of section 314(1B) of the Companies Act, 1956, the authority be and is hereby accorded to the Board of Directors to appoint Mr._______________ as _____________ holding office of profit under the company, he being a relative of the Whole-time Director, Mr.___________________, of the Company, for a period of ____ years with effect from ________________, 200__, pursuant to the terms and conditions including relating to the remuneration as contained in an agreement between the company of the one part and the said Mr. ________________ of the other part, a copy whereof initialed by the Chairman was placed before this meeting. RESOLVED FURTHER THAT Mr. _________________, Director of the Company be and is hereby authorized to all acts, deeds and things as he may deem necessary in this regard. RESOLVED FURTHER THAT a draft of the resolution together with the explanatory statement, a draft of which is tabled before the meeting be included in the notice to be issued for convening of Extra Ordinary General Meeting." Download Word Document In English. (Rs.5/-)
- AGREEMENT FQR TRANSPORTING GOODS ON REGULAR BASIS
AGREEMENT FQR TRANSPORTING GOODS ON REGULAR BASIS Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/) AN AGREEMENT made on the day of ………..20………. Between STC Co. Ltd., a Company registered under the Companies Act, 1956 and having its registered office at Delhi, (hereinafter referred to as the Manufacturing Company, which expression shall, where the context so admits include its Successors and Assigns) of the ONE PART And Gati Transport Co. Ltd., a Company registered under the Companies Act, 1956 and having its registered office at …………………………………………………................. (hereinafter referred to as the Transport Company, which expression shall, where the context so admits include its Successors and Assigns)of the OTHER PART. WHEREAS the Manufacturing Company is the manufacturer of Electronic goods at its factory at Delhi and has appointed distributors throughout the country; AND WHEREAS the Manufacturing Company sends the goods manufactured by it to its distributors regularly; AND WHEREAS the Manufacturing Company was in lookout for appointing a transport company, who can undertake the transportation of its products to its distributors regularly and invited tenders for the said purpose through leading newspapers; AND WHEREAS the Manufacturing Company received a number of tenders from various transporters and found the transport company as suitable for its purposes; AND WHEREAS the Manufacturing Company has accepted the tender of the transport company vide its letter dated and advised the Transport Company to deposit a sum of Rs . ……………………………..as security for the due performance of the contract, and the Transport Company has deposited the said sum on ………………………………………..with the Manufacturing Company. A copy of the tender and acceptance letter is annexed hereto and marked Annexure A; AND WHEREAS the parties have agreed to enter into an agreement herein contained. NOW IT IS HEREBY AGREED BETWEEN BOTH PARTIES AS FOLLOWS: (1) The Manufacturing Company appoints Gati Transport Company Ltd. as its sole transport company for a period of one year commencing from……………………………….. or an sporting its products from its factory at ………………………..............to its distributors situated in different cities of India. A list of the distributors along with their addresses and tentative quantity to be sent to them monthly has been given in the Schedule hereunder written. (2) The Transport Company agrees that it shall transport the products manufactured by the Manufacturing Company from its factory to the distributors mentioned in the Schedule hereunder written. (3) The Transport Company agrees that it shall make available to the manufacturing company every day the number of trucks required by it for transporting the manufacturing company's products. However, the number of trucks to be provided by the transport company will not be more than trucks per day. (4) The Manufacturing Company will pay to the Transport Company transport charges in respect of each truck at the rate of Rs ……………………….. ………..per km. for the distance between the factory and the distributor to whom the products will be transported. The manufacturing company will also reimburse to the transport company any octroi duty, toll tax and other tax of a similar nature paid by the transport company in respect of the manufacturing company's products. The manufacturing company will not be liable for any other charge or expenses of any nature whatsoever. (5) The Sales Manager of manufacturing company shall indicate to the transport company in the evening by 5 PM, how many trucks will be required to be sent in the morning by 8 AM, so that loading of the products may start immediately. If any truck is returned back by the manufacturing company on any day on any ground, the manufacturing company will pay Rs ……………………………..per day per truck sent back, if the truck is sent by 12 noon, but if it is sent back after 12 noon, the charges paid will be Rs .………………..per day per truck. (6) The Transport Company undertakes that it will provide trucks of good condition with the drivers having valid driving licences. The officers of the manufacturing company will be authorised to inspect the condition of the truck, permits, insurance books of each truck, up to date vehicle tax paid receipts and driving licences of the drivers and the transport company will produce the said documents for inspection to the officers of the manufacturing company whenever required to do so. If the officer of the manufacturing company comes to the conclusion that any truck is not of good condition or lacking in any other respect, he can require the transport company to take back the said truck for which the transport company shall not be entitled to any charges. However, the officer will intimate to the Transport Company the reasons for requiring the truck to be taken back. (7) The products will be loaded by the workers of the manufacturing company. The products will be packed in big boxes, with suitable packing material, so that the products may not be damaged in transit. The details of the products and the time required to reach its destination will be given in the consignment note by the manufacturing company in four copies, which will be signed by the representatives of the manufacturing company and transport company. The manufacturing company will deliver two copies of the said consignment note to the transport company, and one copy to the distributor, to whom the products are sent and retain one copy with it. (8) The transport company will deliver the products to the distributors and obtain delivery certificate/challan in duplicate from the distributor. The products will be unloaded by the distributor's workers. The distributor will receive packed boxes, from the transport company. (9) During the transport, the transport company's representatives will take proper care and precautions for the protection of the products, so that the products may be delivered to the distributors in good condition. (10) If during the transit, the products are lost or damaged due to accident or any other reason whatsoever, the transport company will be liable for the loss or damage to the products. If the products are lost or damaged in transit, the transport company will immediately inform about the loss or damage along with the place where the trucks are kept to the manufacturing company and the manufacturing company will send its representative to assess the damages, before the consignment is delivered to the distributor. The loss along with the expenses incurred by the manufacturing company due to the loss or damages will be recovered from the money payable to transport company. (11) In case the transport company does not deliver the products within the period stipulated in the consignment note, the transport company will be liable to pay damages @ Rs . ……….. per day of delay beyond the stipulated period and the same shall be recovered from the bills of the transport company. However, if the delay is on account of accident, or force majeure such as flood, heavy rains, earthquake or blocking of road by reason of any strike, the transport company will not be liable to pay the damages for the delay. (12) The transport company will not transport goods of any other person in the trucks carrying the manufacturing company products. (13) The transport company will submit a bill along with the copies of the consignments and statement of the products transported in the week to the Accounts Manager, of the manufacturing company. The manufacturing company will make the payment of the bill after verification about the products transported and deducting the amounts recoverable, if any from the transport company. The payment of the bill will be made within a period of seven days from the date of the receipt of the bill. In case of delay in payment of the bill, the manufacturing company will pay interest @………..per month to the transport company for the delayed payment. (14) The transport company has deposited a sum of Rs……………………………on…………………………with the manufacturing company for the due performance of the contract for the entire contract period. The said sum will not carry any interest and will be refunded on the termination of this contract after deduction of claims of the manufacturing company against the transport company, if any. (15) This contract is for a period of one year commencing from………………………………However, the contract can be renewed for a further period of one year on the terms and conditions to be mutually agreed upon between the parties. The contract can be terminated by the manufacturing company before the term of the contract by giving fifteen days' notice to the transport company and in case of earlier termination, the transport company will have no claim against the manufacturing company. (16) This contract will be subject to the provisions of the Carriers Act, 1865. (17) In case any dispute, difference or question arises between the parties touching the construction, meaning or effect of this Agreement or any clause or thing herein contained or the rights or obligations of the parties hereto or their respective successors or assigns or any of them under this Agreement or otherwise howsoever in relation to this Agreement, shall be referred to two arbitrators, one to be appointed by each party, who shall appoint third arbitrator, who shall act the Presiding Arbitrator before taking upon themselves the burden of reference, and the provisions of Arbitration and Conciliation Act, 1996 and any statutory modification thereof for the time being in force shall apply to such arbitration. (18) This Agreement shall be executed in duplicate. The original shall be retained by the manufacturing company and the duplicate by the transport company. IN WITNESS WHEREOF the parties have caused their common seal to be affixed to these presents and a duplicate hereof, the day and year first hereinabove written. The Schedule above referred to Annexure A The common seal of STC Co. Ltd., the manufacturing company within named hereunto affixed pursuant to the Resolution of its Board of Directors dated the 1 ……………day of ……………20……………in the presence of Shri …………… Director of the Company authorised to affix the seal and sign 2.The common seal of Gati Transport Co. Ltd., the within named transport company is hereunto affixed pursuant to the Resolution of its Board of Directors dated ……………………..…………the……………day of……………20……………in the presence of S/Shri ……………and ...........................Directors of the Company authorised to affix the seal and sign WITNESSES
- DEED OF ASSIGNMENT OF A TRADE MARK (WITH GOODWILL)
DEED OF ASSIGNMENT OF A TRADE MARK (WITH GOODWILL) THIS DEED OF ASSIGNMENT made on this _______ day of __________ between _________________ M/s _______________________________, a Partnership firm having its principal office at _________________________ hereinafter referred to as "the Assignor" (which expression shall unless contrary to the context or meaning thereof include the partners for the time being or any change thereof, their successors, executors, administrators, legal representatives and assigns) of the one part. AND Sh. ____________________________ S/o ____________________________ r/o _____________________________________ hereinafter referred to as "the Assignee" (which expression shall unless contrary to the context or meaning thereof including his successors, executors, administrators, legal representatives and assigns) of the other part. WHEREAS 1. The Assignor being proprietor of certain Registered Trade Mark, the details whereof are given in schedule annexed hereto (hereinafter referred to as "the trade marks"). 2. The Assignee has asked the Assignor and the Assignor has consented to transfer the said trade marks to the Assignee with goodwill of the business in the goods under which the said trade marks have been registered on the terms /conditions hereinafter appearing. NOW THIS DEED WITNESSETH AS FOLLOWS: That per the said agreement and in consideration of the sum of Rs.__________(Rupees _________________________________ only) paid by the transferee to the assignor (which receipt is acknowledged by assignor) the assignor being proprietor of the said trade marks hereby transfers to the assignee the same trade marks more specifically stated in the schedule annexed hereto with the goodwill of the trade in the goods under which the said trade marks have been registered and TO HOLD the same unto the transferee. IN WITNESS WHERE OF, the parties hereunto have signed this __________ day of _________________. (The Schedule here in above referred to) The Assignor The Assignee Witness: 1. 2. Download Word Document In English. (Rs.10/-)









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