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06/04/2010

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) strikes down termination order of PGT teacher

CENTRAL ADMINISTRATIVE TRIBUNAL

CAT strikes down termination order of PGT teacher

The Central Administrative Tribunal has struck down the termination order given to a post graduate teacher by the Delhi Education Department, terming it as “cryptic and non-speaking”.

While directing the secretary, Education Department of Delhi, to consider the whole issue afresh, the Tribunal declined to confer any financial benefit to the teacher.

“Evidently, the termination order being cryptic and non-speaking is not in accordance with the stipulations of the basic scheme of re-employment. On this ground alone, we do not find the order in the present form as sustainable in law and strike it down as ultra-vires,” the Tribunal, comprising members Veena Chhotray and Shanker Raju, said.

Vijaya Kumar Mudgal, who was re-employed for a further period of two years after his superannuation in 2007, approached the Tribunal challenging the termination of his services with retrospective effect.

In 2009, the department passed the order terminating his services with a retrospective effect from July 2008.

While the department claimed that the termination was necessary as Mudgal went on leave for eight months without proper sanction and authorisation, the petitioner said he was “medically unfit” during the said period.

On perusing the documents, the Tribunal sent the matter back to the department for reconsideration.

“We are of the considered view that it would meet the ends of justice by remitting the matter back to respondents for reconsideration of the entire case at the senior-most level that is The Secretary, Department of Education for taking a fair and dispassionate view,” it said.

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PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.




Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.