Child Care Leave Compliance

Summary

Rule 4 (5) (b) of the Central Administrative Tribunal (Procedure) Rules, 1987, allows for modification or clarification of an earlier order. In your case, it is applicable as you seek further compliance with the original CAT order for child care leave. The CAT Kolkata directed the respondent to sanction CCL from 2/1/2024 to 30/04/2024, but the authority only sanctioned leave from 18/01/2024 to 17/03/2024 and did not pay the salary for the period from 2/1/2024 to 17/01/2024. You filed a contempt petition, which was rejected, and were advised to file a Miscellaneous Application for further compliance.

Full Conversation

MA under Rule * (*) (b) of Central Administrative Tribunal (Procedure) Rules * what is this rule
Rule * (*) (b) of the Central Administrative Tribunal (Procedure) Rules, *, deals with the procedure for filing Miscellaneous Applications (MA). Specifically, it allows for the modification or clarification of an earlier order or direction given by the CAT.
This rule may be invoked when a party seeks further compliance or clarification on an order previously issued by the Tribunal.
Would you need more details on how to draft the Miscellaneous Application under this rule?
yes. I want to know in above case is this rule applicable
Rule * (*) (b) of the Central Administrative Tribunal (Procedure) Rules, *, is applicable in your case as it deals with seeking modification or clarification of an earlier order. Since you need further compliance with the original CAT order, invoking this rule is appropriate.
Would you like assistance with drafting the specific points for your Miscellaneous Application?
yes
Sure, let's draft the specific points for your Miscellaneous Application (MA):
*. Background:
- Original order by CAT Kolkata directing the respondent to sanction CCL from */*/* to */*/*.
- Communication of this order to the respondent via email.

*. Non-Compliance:
- Authority sanctioned CCL from */*/* to */*/*.
- No salary payment for the period */*/* to */*/*.

*. Efforts for Resolution:
- Requested authority to reconsider CCL sanction order and regularize service as per court direction.
- Lack of response from the authority.

*. Contempt Petition:
- Filing and rejection of the contempt petition by the court.
- Court's direction to file a Miscellaneous Application for further compliance.

*. Relief Sought:
- Direct respondent to comply with the original order in entirety.
- Regularize service and pay salary for the period from */*/* to */*/*.
- Seek anyadditional relief deemed appropriate by the court.
Would you like to include any other details or need further assistance on any specific point?
have filled OA in CAT kolkata for Child care leave for my daughter studying in class *. The CAT kolkata passed direction to respondent to sanction CCL from */*/* to */*/*. As there was winter vacation from */*/* to */*/* so i didnot return from vacation as court has issued the direction issued by court communicated by me through mail. but the authority sanction the CCL from */*/* to */*/* (60days) and also not paid the salary for non sanction leave from */*/* to */*/*. I joined the duty on */*/* and requested to reconsider the CCL sanction order and regularize my service as per court direction. But till date I have not received any response from authority. Resulting into which i filled the Contempt's petition which was rejected by the court and asked me to file MA for further compliance. Draft me the point for MA.
Sure, let's draft the specific points for your Miscellaneous Application (MA):
*. Background:
- CAT Kolkata passed an order directing the respondent to sanction CCL from */*/* to */*/*.
- This order was communicated to the respondent via email.
*. Non-Compliance:
- Authority sanctioned CCL only from */*/* to */*/*.
- No salary payment for the period from */*/* to */*/*.
*. Efforts for Resolution:
- Requested the authority to reconsider the CCL sanction order and regularize service as per court direction.
- No response from the authority.
*. Contempt Petition:
- Filed a contempt petition which was rejected by the court.
- Court directed to file a Miscellaneous Application for further compliance.
*. Relief Sought:
- Request the court to direct the respondent to comply with the original order in its entirety.
- Ask for regularization of service and payment of salary for the period from */*/* to */*/*.
- Seek any additional relief deemed appropriate by the court.
Would you like to include any other details or need further assistance on any specific point?
I have filled OA in CAT kolkata for Child care leave for my daughter studying in class *. The CAT kolkata passed direction to respondent to sanction CCL from */*/* to */*/*. As there was winter vacation from */*/* to */*/* so i didnot return from vacation as court has issued the direction issued by court communicated by me through mail. but the authority sanction the CCL from */*/* to */*/* (60days) and also not paid the salary for non sanction leave from */*/* to */*/*. I joined the duty on */*/* and requested to reconsider the CCL sanction order and regularize my service as per court direction. But till date I have not received any response from authority. Resulting into which i filled the Contempt's petition which was rejected by the court and asked me to file MA for further compliance. Draft me the point for MA. Did you like my responses so far?
Hey, it seems like you've been through quite a process. Here are the points for your Miscellaneous Application (MA):
*. Background:
- Mention the original CAT Kolkata order directing the respondent to sanction CCL from */*/* to */*/*.
- Specify the communication of this order to the respondent via email.
*. Non-Compliance:
- State the authority's response, sanctioning CCL from */*/* to */*/*.
- Highlight the absence of salary payment for the period */*/* to */*/*.
*. Efforts for Resolution:
- Detail your request to the authority for reconsideration and regularization as per the court direction.
- Mention the lack of response from the authority.
*. Contempt Petition:
- Briefly note the filing and rejection of the contempt petition by the court.
- State the court's direction to file a Miscellaneous Application for further compliance.
*. Relief Sought:
- Request the court to direct the respondent to comply with the original order in its entirety.
- Ask for the regularization of your service and payment of salary for the period from */*/* to */*/*.
- Seek any additional relief deemed appropriate by the court.
Would you like to include any other details or need further assistance on any specific point?