Central Administrative Tribunal - Chandigarh
Mandeep Singh Topwal vs Chandigarh Administration on 1 September, 2025
Item 28 & 29/C-2 1 OA 193/2023 with OA 192/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA NO. 193/2023
With
OA No. 192/2023
PRONOUNCED ON: 22.09.2025
RESERVED ON: 01.09.2025
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
OA No. 193/2023
1. Mandeep Singh Topwal, S/O Sh. Balbir Singh Topwal, Aged 31
Years, Working as Clerk In Sports Department, Hockey Stadium,
Sector 42, Chandigarh, R/O Flat No. 503, Gh35, Mansa Devi
Complex, Sector 5, Panchkula, Haryana, PIN-134114
2. Maninder, S/o Sh. Bhagat Singh, Aged 28 Years working as Clerk
in Chandigarh Transport Undertaking, Plot No. 701, Industrial Area,
Chandigarh.R/O Q. No. 58, Power Colony, Near Amartex, Panchkula,
PIN-134114
3. Ankush, S/O Sh. Baljeet Singh, Aged 33 Years, Working as Clerk
in Excise And Taxation Department, Additional Town Hall Building,
Sector 17c, Chandigarh. R/O VPO- Singhwa Khas, Tehsil Hansi
District- Hisar, Haryana, PIN-125042
4. Naveen Budshera, S/O Sh. Satyavan Budshera, Aged 30
Yearsworking As Clerk In Chandigarh Police Headquarters, Sector-9,
Chandigarh R/O House No. 1498, 2nd Floor, Sector 50 A
Chandigarh, PIN-160047
5. Rahul Dhiman, S/O Sh. Sunil Kumar Dhiman, Aged 28 Years,
Engineering Department, Working As Clerk In O/O Executive
Engineer, Cp Division No. 6, Chandigarh. R/O House No. 2427,
Sector 38 C, Chandigarh, PIN- 160036
6. Jaspreet Singh, S/O Sh. Sukhmander Singh, Aged 28 Years,
working as Clerk in Chandigarh Transport Undertaking. Plot No. 701,
Industrial Area, Chandigarh. R/O House No. 3418, Mohalla
Sirianwala, Bathinda, Punjab, PIN-151001
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7. Harbans, S/O Sh. Sohan Singh, Aged 35 Years, Working as Clerk
in Engineering Department, O/O Executive Engineer, Electrical
Division No. 1, Sector 9 Chandigarh. R/O House No. 628, Blok A
Sector 6, Eco City 1 New Chandigarh, Punjab, PIN- 140901
8. Sourabh Soni, S/O Sh. Surinder Soni, Aged 28 Years, working as
Clerk in Engineering Department, O/O Chief Engineer, Sector 9
Chandigarh. R/O House No. 2672, Sector 38 C, Chandigarh, PIN-
160036
9. Aman, S/O Sh. Bal Bir Singh, Aged 27 Years, working as Clerk in
D.C. Office, Estate Office Building. Sector-17, Chandigarh, R/O
House No. 164, Ward No 5. Kol Mohalla, Ganaur, Sonipat, Haryana,
PIN-131101
10. Piyush Arora, S/O Sh. Amarjit Singh, Aged 28 Years, working as
Clerk in Health Department, Govt. multi-specialty Hospital-16,
Sector 16, Chandigarh. R/O House No. 2400, Sector 22 C,
Chandigarh, PIN- 160022
11. Sonu, S/O Sh. Bijender, Aged 28 Years, working as Clerk in NCC
Group Headquarters, Sector 31, Chandigarh. R/O V.P.O. Jauli,
Gohana, Haryana, PIN-131301.
12. Harpreet Kamboj, S/O Sh. Harbhajan Lai, Aged 33 Years,
Working as Clerk In Post Graduate Government College, Sector 46.
Chandigarh. R/O House No. 30, 1 Floor Sector 78, Mohali, Punjab,
PIN-140308
13. Sandeep Kumar Bhumak, S/O Sh. Surender Kumar, Aged28
Years, Working as Clerk in Engineering Department, O/O Executive
Engineer, C.P. Division No 2(R), Sector 9 Chandigarh. R/O House
No. 1061, Sector 38-B Chandigarh. PIN-160014
14. Ashish Rai, S/O Sh. Pardeep Kumar, Aged 23 Years, Working as
Clerk in Engineering Department, O/O Executive Engineer, C.P.
Division No. 2(R). Sector 9 Chandigarh, R/OHouse No. 1061, Sector
38-B Chandigarh, PIN-160014
15. Jaspreet Singh, S/O Sh. Amarjit Singh, Aged 26 Years, working
as Clerk in Engineering Department, O/O Executive Engineer, C.P.
Division No. 2(R), Sector 9 Chandigarh. R/OHouse No. 438,
Dashmesh Nagar, Kharar, Punjab, PIN-140301
16 Vikrant Singh Dahiya, S/O Sh. S.S. Dahiya, Aged 32 Years,
werking as a Clerk in Engineering Department, O/O Superintending
Engineer, Construction Circle No. 1, Sector 9 Chandigarh, R/O VPO -
Kakroi, Dstrict and Tehsil- Sonipat, Haryana, PIN-131001
17 Avinash Kumar, S/O Sh. Prem Chand, Aged 26 Years, working as
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Clerk In Engineering Department, O/O Executive Enginear, Electrical
Division No. 1, Sector 9 Chandigarh R/O House No. 2671/1, Sector
38-C, Chandigarh, PIN-160036
18. Deepa Yadav, W/O Sh. Nahar Singh Yadav, Aged 29 Years,
working As Clerk In Engineering Department, O/O Executive
Engineer, Electrical Division No. 1. Sector 9 Chandigarh, R/O House
No. 2677/1, Sector 38-C, Chandigarh, PIN-160036
19. Manjit Kumar, S/O Sh. Boota Ram, Aged 24 Years, working As
Clerk In Engineering Department, O/O Executive Engineer, Electrical
Division No. 1. Sector 9 Chandigarh, R/O House No. 2676/1, Sector
38 C, Chandigarh, PIN-100036
20 Vikram Singh, S/O Sh. Gian Chand, Aged 28 Years, working As
Clerk in Engineering Department, O/O Executive Engineer, Electrical
Division No. 1, Sector 9 Chandigarh, R/O House No. 662, Ward No.
1, Naraingarh, Haryana, PIN- 134203
21 Deepak Yadav, S/O Sh. Sube Singh, Aged 27 Years, working As
Clerk in Engineering Department, O/O Executive Engineer, C.P.
Division No. 5, Sector 9 Chandigarh. R/O House No. 2673, Sector
38 C Chandigarh, PIN-160036
22. Deepika, S/O Sh. Shamsher, Aged 26 Years, working as Clerk in
Engineering Department, O/O Executive Engineer, C.P. Division No.
5. Sector 9 Chandigarh. R/OHouse No. 2670, Sector 38 C
Chandigarh, PIN-160036
23 Tarsem Singh S/O Sh. Gurtar Singh, Aged 27 Years, working as
Clerk in Engineering Department, O/O Executive Engineer, C.P.
Division No. 5, Sector 9 Chandigarh. R/O House No. 2660, Sector
38 C Chandigarh, PIN-160036
24. Sandeep Singh, S/O Sh. Mohan Singh, Aged27 Years, working
as Clerk in Engineering Department, O/O Executive Engineer, C.P.
Division No. 5, Sector 9 Chandigarh, R/O House No. 1502 B, GMCH
Complex Sector 32-C, Chandigarh, PIN-160030
25. Gurdeep Singh, S/O Sh. Kanwaljit Singh, Aged 28 Years,
workingas Clerk in Engineering Department, O/O Executive
Engineer, C.P. Division No. 5, Sector 9 Chandigarh. R/O House No.
1839, Star Colony, Bassi Road, Sirhind, Fatehgarh Sahib, Punjab,
PIN-140412
26. Kamaljot, S/O Sh. BaruDass, Aged 31 Years, working as Clerk in
Engineering Department, O/O Executive Engineer, C.P. Division No.
5. Sector 9 Chandigarh. R/O House No. 1602, Saini Vihar, Phase3,
Baltana, Zirakpur, Punjab, PIN-140603
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27. Gagan Kumar, S/O Sh. Azad Singh, Aged 30 Years, Working As
Clerk in Engineering Department, O/O Executive Engineer, C. P.
Division No. 6, Sector 9 Chandigarh R/O House No. 100 Na,
Aggarwal Colony, Near Ganga Car Wash, Tehsil- Raipurrani, Distt.
Panchkula. Harayana-134204
28. Shubham Singh, S/O Sh. Rishipal, Aged 25 Years, working as
Clerk in Engineering Department, O/O Executive Engineer, Electrical
Division No. 2. Sector 9 Chandigarh. R/O Quarter No. 5, Police
Quarter, Sector 5, Panchkula, PIN-134109
29 Lovepreet Singh, S/O Sh. Nirmal Singh, Aged 30 Years, Working
As Clerk in Engineering Department, O/O Executive Engineer,
Electrical Division No. 2. Sector 9 Chandigarh. R/O Vit. Basantpura,
PO Barara, Distt. Ambala, Haryana, PIN-133201
30. Rajat Sharma, S/O Sh. Satish Sharma, Aped 28 Years, working
As Clerk in Engineering Department, O/O Executive Engineer,
Electrical Division No. 2. Sector 9 Chandigarh. R/O Vill. Butana,
Karnal, Harayana, PIN-132117
31. Mandeep, S/O Sh. Dayanand, Aged 29 Years, working As Clerk
in Engineering Department, O/O Executive Engineer, Electrical
Division No. 2. Sector 9 Chandigarh. R/O VPO Khidwall, Distt.
Rohtak, Haryana-124303
32 Mohit Kumar, S/O Sh. Lajpat Rai, Aged30 Years, working As
Clerk in Engineering Department, O/O Executive Engineer, Public
Health Division No. 3. Sector 9 Chandigarh. R/O House No. 2688,
Sector 38 C. Chandigarh, PIN-160036
33. Vikas Verma, S/O Sh. Dhararn Pal, Aged 28 Years, working As
Clerk in Engineering Department, O/O Executive Engineer, Public
Health Division No. 3, Sector 9 Chandigarh. R/O House No. 8094, 1
Block Aerocity, Mohali, PIN-140603
34. Rohit Narwal, S/O Sh. Rohtash Singh, Aged 26 Years, working
As Clerk in Engineering Department, O/O Executive Engineer, Public
Health Division No. 3. Sector 9 Chandigarh. R/O House No. 2492,
Sector 28 C, Chandigarh, PIN-160002
35. Rajat, S/O Sh. Chander Bhan, Aged 2Byears. Working as Clerk
in Engineering Department, O/O Executive Engineer, Public Health
Division No. 3, Sector 9 Chandigarh. R/O House No. 501, Ward No.
5. Ladwa, Kurukshetra, Haryana-PIN-136132
36. Kanishk Bakshi, S/O Sh. Dushyant Bakshi, Aged 32 Years,
Working as Clerk in Engineering Department, O/O Executive
Engineer, Public Health Division No. 3, Sector 9 Chandigarh. R/O
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House No. 168/2. Sushma Valencia, Zirakpur, Punjab, PIN-140603
37. Rajeev Yadav, S/O Sh. Chandeshwar, Aged 28Years working as
Clerk in Engineering Department, O/O Executive Engineer, Public
Health Division No. 7. Sector 11 Chandigarh. R/O 170 B, Galli No. 3
A, Vasant Vihar, Kamal Haryana, PIN-132001
38. Mandeep Sama, S/O Sh. Birbal Dass Sama, Aged 32 Years,
working as Clerk in Engineering Department, O/O Superintending
Engineer, Electrical Circle, Sector 9 Chandigarh. R/O House No.
1238 A Sector 41-B. Audit Pool Colony, Chandigarh, PIN-160036
39 Amanpreet Kaur, D/O Sh. Surinder Singh, Aged 26 Years,
working as Clerk in Engineering Department, O/O Superintending
Engineer, Electrical Circle, Sector 9 Chandigarh. R/O House No.
3275, Sector 35-D, Chandigarh, IN-160022
40 Harmandeep Kaur, D/O Sh. Hansa Singh, Aged26 Years, working
as Clerk in Engineering Department, O/O Superintending Engineer,
Electrical Circle, Sector 9 Chandigarh. R/O RamdasiaPatti, VPO
Mangwal, District Sangrur, PİN 148001.
41. Rubinder Singh, S/O Sh. Swaran Singh, Aged 28 Years, working
as Clerk in Engineering Department, O/O Superintending Engineer,
Electrical Circle, Sector 9 Chandigarh. R/O Sukhdev Street, Bhagat
Singh Colony. Ferozpur City, Punjab, PIN-152002
42. Rajan Verma, S/O Sh. Suraj Prakash Verma, Aged 28 Years
Working as Clerk in Engineering Department, O/O Superintending
Engineer, Electrical Circle, Sector-9 Chandigarh. R/O A-42,
Indrapuri, Ghaziabad, U.P-201102
43. Gaurav Kumar, S/Osh. Satbir Singh, Aged 30 Years, working as
Clerk in Engineering Department, O/O Superintending Engineer,
Electrical Circle, Sector-9 Chandigarh. R/O House No. 1238 A
Sector-41-B, Audit Pool Colony, Chandigarh, PIN-160036
44. Amit Kumar, S/O Sh. Roshan Lal, Aged 30 Years, working as
Clerk in Engineering Department, O/O Executive Engineer, Public
Health Division No. 1. Sector 9 Chandigarh. R/OV.P.O. Kanoh, Hisar,
Haryana-125112
45. Vishal Singh, S/O Sh. Dharam Vir Singh, Aged 28 Years,
working as Clerk in Engineering Department, O/O Executive
Engineer, Public Health Division No.1, Sector 9 Chandigarh. R/O
House No. 2173/2, Pipliwala Town, Manimajra, Chandigarh-160101
46 Navjot Kaur, S/O Sh. Amritpal Singh, Aged 28 Years, working as
Clark in Engineering Department, O/O Executive Engineer, Public
Health Division No. 1. Sector 9 Chandigarh, R/O House No. 361,
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Ward No. 4, Bassi Pathana, Distt. Fatehgarh Sahib, Punjab, PIN-
140412
47. Sunil Kumar, S/O Sh. Gambheer Singh, Aged 35 Years working
as Clerk in Chandigarh Police Headquarters, Sector-9, Chandigarh,
R/O House No. 5372/2, MHC, Manimajra, Chandigarh, PIN-160101
48 Naresh Kumar, S/O Sh. Mehtab Virk, Aged 24 Years, working as
Clerk in Chandigarh Police Headquarters, Sector-8, Chandigarh, R/O
Village- Dhansari, PO-Chandwas, Charkhi Dadri, Haryana-127308
40. Neeraj Dalal, S/O Sh. Satbir Singh Dalal, Aged 27 Years,
Working as Clerk in Excise And Taxation Department, Additional
Town Hall Building, Sector 170, Chandigarh, R/O House No. 735,
Ecocity 1, Block A, New Chandigarh. Punjab, PIN-140901
50. Sahil, S/O Sh. Naresh Kumar, Aged 28 Years, Working as Clerk
in Excise And Taxation Department, Additional Town Hall Building,
Sector 17 C. Chandigarh R/O House No. 1780, Main Bazar,
Manimajra, Sector 13, Chandigarh, PIN-160101
51 Navpreet Singh, S/O Sh. Pirthi Pal Singh, Aged 31Years, Working
as Clerk in Excise And Taxation Department, Additional Town Hall
Building, Sector 17c, Chandigarh, R/O Hira Mehal Colony, Landmark
Near Dr. Parveen Gupta, Nabha, District, Patiala, Punjab, PIN-
147201
52 Manjeet, S/O Sh. Ratan Singh, Aged 26 Years, Working as Clerk
in Education Department, Additional Deluxe Building, Sector 9d.
Chandigarh R/O VPO-Imlota, Tehsil And District- Charkhi Dadri,
Haryana, PIN-127306
53 Aman Sharma, S/O Sh. Harbishan Sharma, Aged 30 Years,
working as Clerk in Education Department, Additional Deluxe
Building, Sector 9 D. Chandigarh. R/O House No. 250/9,
KhajurWaliGali, Shahbad, Kurukshetra, Haryana, PIN-136135
54. Vinay Vats, S/O Sh. Ashok Kumar Sharma, Aged 24 Years,
working as Clerk in Govt. Model High School, Sector 11,
Chandigarh. R/Oc-1/50, Mohan Garden. New Delhi-110059.
55. Himanshu Bhardwaj, S/O Sh. K.C. Bhardwaj, Aged 28 Years,
working as Clerk in Chandigarh College Of Architecture, Sector 12,
Chandigarh. R/O House No. 1009, Sector 20 B, Chandigarh, PIN-
160020
56. Bhagat Singh, S/O Sh. Dalip Singh, Aged 29 Years, Working as
Clerk in Chandigarh College Of Architecture, Sector 12, Chandigarh.
R/O House No. 5019-A, PEC Campus, Sector 12, Chandigarh, PIN-
160012
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57. Suresh Kumar, S/O Sh. Rajender Kumar, Aged 32 Years, working
as Clerk in Chandigarh College Of Architecture, Sector 12,
Chandigarh. R/O House No. 5017-A, PEC Campus, Sector 12,
Chandigarn, PIN-160020
58. Arishul Goyal, S/O Sh. Prem Chand Goyal, Aged 28 Years,
working as Clerk in NCC Group Headquarters, Sector 31,
Chandigarh R/O House No. 8, New Saket Colony, Azad Nagar, Hisar,
Haryana, PIN-125007
59 Krishan, S/O Sh. Trilok Chand, Aged 33 Years, Working as Clerk
in Chandigarh Transport Undertaking, Plot No. 701, Industrial Area,
Chandigarh R/OHouse No. 301, Near Post Office Tosham, Distt.
Bhiwani, Haryana-127040
60 Hardeep Singh, S/O Sh. Gurmail Singh, Aged 27 Years, Working
As Clerk in Chandigarh Transport Undertaking, Plot No 701,
Industrial Area. Chandigarh, R/O House No. 164/C, RaipurKurd,
Chandigarh, PIN 160003
61 Navneet Singh Rana, S/O Sh. Bhim Singh, Aged 20 Years,
Working as Clerk in Chandigarh Transport Undertaking, Plot No.
701, Industrial Area, Chandigarh R/O Ward No. 11, Deep Colony,
Garshankar, Hoshiarpur, Punjat, PIN-144527
62 Bhanu Tomar, S/O Sh. Davendra Tomar, Aged 33 Years, Working
as Clerk In Health Department, Govt. Multi Specialty Hospital-16,
Sector 16. Chandigarh R/OMoh. Barkhandi, Near Baba Ki Samadhi,
Shamli-247776
63 Komalpreet Kaur, S/Osh. Dilbagh Singh, Aged 27 Years, Working
as Clerk in Health Department, Govt. Multi-Specialty Hospital-16,
Sector 16, Chandigarh. R/O House No. 408, JLPL, Sector 94, Mohali,
Punjab, PIN-160071
64 Ravneet Singh,S/Osh. Chamkaur Singh, Aged 27 Years Working
as Clerk in Health Department, Govt. Multi-Specialty Hospital-16,
Sector 16, Chandigarh R/OHouse No. 202, Streei No. 8, Kartar
Colony, Nabha, Punjab, PIN-147201
65 Gurneet Singh, S/O Sh. Jeetender Singh, Aged 27 Years Working
as Clerk in Health Department, Govt. Multi Specialty Hospital-16,
Sector 16, Chandigarh. R/O House No. 104, 1 Floor, Tower No. 1,
GLC Co-Op Society, Sector 91, Mohali, Punjab, PIN- 140307
66 Sandeep Kaur, W/O Sh. Kultar Singh, Aged 32 Years Working as
Clerk in Sports Department, Hockey Stadium, Sector 42,
Chandigarh R/OV P.O. Hathur, Tehsil- Jagraon, Distt. Ludhiana,
Punjab, PIN-142026
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67 Akashdeep, S/O Sh. Rajbir Singh, Aged 29 Years Workingas
Clerk in Engineering Department, O/O Executive Engineer,
Horticulture Division No.2, Sector 23, Chandigarh, R/O V.P.O.
Bhaiyapui Ladhout. District- And Tehsil-Rohtak, Haryana, PIN-
124001
68. Satyender, S/O Sh. Mohinder Singh, Aged 33 Years, Working as
Clerk in Health Department, G.M.C.H., Sector 32, Chandigarh. R/O
V.P.O. Dhamar, District And Tehsil- Rohtak, Haryana-124401.
69 Shyam Sunder, S/O Sh. Ravi Kant, Aged 27 Years, working as
Clerk in Health Department, G.M.C.H., Sector 32, Chandigarh. R/O
House No. 1114, Sector 80, Mohali, Punjab, PIN-140308
70 Deepak, S/O Sh. Om Prakash, Aged 28 Years, working as Clerk
in Health Department, G.M.C.H, Sector 32. Chandigarh. R/O VPO-
Kanherl, Tahsil Tohana District- Fatehabad, Haryana-125120
71. Manpreet Kaur, S/O Sh. Jaswinder Singh, Aged 26 Years,
working as Clerk in Health Department, G.M.C.H., Sector 32,
Chandigarh. R/O House No. 750, Anand Nagar A, Extension Patiala,
Punjab, PIN- 147004
72. Vikas, S/Osh. Rajinder, Aged 30 Years, working as Clerk in IT
Secretariat, Sector 9-D, Chandigarh. R/O V.P.O. Chuliana, District-
Rohtak, Haryana, PIN-124501
73 Sarbjeet Singh, S/O Sh. Gurmeet Singh, working as Clerk in
Chandigarh College Of Architecture, Sector 12, Chandigarh. R/O
House No. 5016A, PEC Campus, Sector 12. Chandigarh, PIN-160012
74 Manjeet Singh, S/O Sh. Balraj Singh, working as Clerk in
Chandigarh College Of Architecture, Sector 12, Chandigarh. RiO
House No. 5014A, Pec Campus. Sector 12, Chandigarh, PIN-160012
75 Sachin Kumar, S/O Sh. Satbir, aged 27 years working as Clerk in
Model Jail. IG Prisons Department, Chandigarh, R/O 2211A Sector
28-C, Chandigarh PIN 160017
76. Hitesh Kumar, S/O Sh. Jagannath, working As Clerk In
Chandigarh College Of Architecture, Sector 12, Chandigarh. R/O
House No. 5021A. Pec Campus, Sector 12, Chandigarh, PIN-160012
77 Reena Rani, S/O Sh. Surjeet Singh, working As Clerk In
Chandigarh College Of Architecture, Sector 12. Chandigarh. R/C
House No. 5020A, Pec Campus, Sector 12, Chandigarh, PIN-160012
78. Harpreet Kaur, D/O Sh. Harpal Singh aged 30 years. Working as
Clerk in Health Department, Govt. Multi Specialty Hospital-16,
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Sector 16, Chandigarh. R/O Flat No. 40 A, Metro Town, Peer
Muchalla Road, Zirakpur. PIN 140603
79. Krishan, S/O Sh. Gulab Chand, Working as Clerk In Chandigarh
College Of Architecture, Sector 12, Chandigarh. R/O House No.
5012, Pec Campus, Sector 12, Chandigarh, PIN-160012
80 Rajan, S/O Sh. Roop Chand, Working as Clerk in Charidigarh
College Of Architecture, Sector 12, Chandigarh. R/O House No.
5013, Pec Campus, Sector 12, Chandigarh, PIN-160012
81 Sukhwinder Kumar, S/O Sh. Satnam Singh working as Clerk in
Chandigarh College Of Architecture, Sector 12, Chandigarh. R/O
House No. 5018A, Pec Campus, Sector 12, Chandigarh, PIN-160012
82 Parmpreet Singh, S/o Hardev Singh, Aged 25 Years, working as
Clerk in C.T.U., Plot No.701 Industrial Area Phase, Chandigarh, PIN-
160002,RIC) Ward No-8 Near Dream City Dhanaula Distt. Farnala,
Punjab, PIN-148105
83 Jeewan Singh Rawat S/O Lt. Harak Singh Rawat, Aged25 Years
working As Clerk In C.T.U., Plot No.701 Industrial Area Phase 1.
Chandigarh, PIN-160002 R/C House No-67, Sector-43 A,
Chandigarh, PIN- 160022
84. Simarjit Kaur, W/O Tinku Kumar, Aged 29 Years, working as
Clerk In C.T.U.. Plot No.701 Industrial Area Phase 1, Chandigarh,
PIN- 160002, R/O House No.225 Outside Sunami Gate Sangrur,
Punjab, PIN-148001
85 Varun Kashyap, S/O Satnam Singh, Aged 26 Years, working as
Clerk In CTU Plot No.701 Industrial Area Phase I Chandigarh, PIN-
100002, R/O House No-777 A, Dhanas, Chandigarh, PIN-160014
86. Bhupinder Jeet S/O Inder Jeet, Aged27 Years working As Clerk
In. C.T.U, Plot No.701 Industrial Area Phase 1, Chandigarh, R/O
House No.-545, Jattian Mohalla, Gaushala Road, Fazilka, Punjab,
PIN-152123
87 Naksh S/O Om Prakash, Aged24 Years working as Clerk in C.T.J.,
Plot No.701 Industrial Area Phase I, Chandigarh, PIN 160002, R/O
Village- Gumani Wala P.O.-Tehsil Jalalabad West, Fazilka, PIN-
152123
88. Hardeep Singh S/O Gurjant Singh, Aged 31 Years, Working as
Clerk In C.T.U., Plot No.701 Industrial Area Phase I, Chandigarh,
PIN- 160002, R/O Village-Bakshiwala, Distt. Mansa, Punjab, PIN-
151501
89. Raushan Kumar S/O Upendra Prasad Singh, Aged 24 Years,
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Working As Clerk In C. T.U., Plot No.701 Industrial Area Phase I,
Chandigarh, PIN- 160002, R/O VPO-Marpa Distt.-Godda, Jharkhand
814160
90 Sachin Yadav S/O Suresh Yadav, Aged 28 Years, working As
Clerk In CT.U., Plot No.701 Industrial Area Phase I, Chandigarh,
PIN- 160002, R/O H.No.-MIG 710 Housing Board Colony Narnaul,
Distt-M. Garh, Haryana, PIN-123001
91 Karan Kumar S/O Arjun Dev, Aged 27years, Working As Clerk in
C.T.U., Plot No.701 Industrial Area Phase I, Chandigarh, PIN-
160002, R/O H.Ν.-226 Village Palsora Sector 55, Chandigarh, PIN-
160055
92. Parbinder Singh S/O Rajinder Singh, Aged 27 Years, working as
Clerk in C.T.U., Plot No.701 Industrial Area Phase I, Chandigarh,
PIN- 160002, R/O H.No.25 PWT Manimajra Chandigarh, Pin-160101
93 Sanjay S/O Naresh Kumar, Aged 28 Years, Working as Clerk in
C.T.U., Plot No.701 Industrial Area Phase I, Chandigarh, PIN-
160002, R/O Flat No.-32 Audit Enclave MDC Part Sector 5,
Panchkula, PIN-134114
94 Maninder Singh S/O Sh. Balwinder Singh, Aged 22 Years.
Working as Clerk in Rents Organization, Sector 9. Chandigarh, PIN-
160009, R/O 1452, Guru Nanak Nagar, Dwaraka Road, Kotkapura,
Faridkot, Punjab, PIN-151204.
95 Aman S/O Sh. Bhagwan Dass, Aged 27 Years, Working as Clerk
in Government Model School, Sector 22-C, Chandigarh, PIN-
180022, H/O H No 303 B. Sector 30. Chandigarh PIN-100030
96 Pankaj Sharma Sio Sh. Suresh Kumar, Aged 25 Years, working as
Clerk in C.T.U., Plot No.701 Industrial Area Phase Chandigarh, PIN-
180002, RJO Village Bum, P.O Pantehra, Tehsil Ghumarwin, Distt.
Bilaspur. (H.P.) PIN-174028
(All Group 'C)
.... Applicants
(By Advocate: Mr. Rohit Seth)
Versus
1. Chandigarh Administration through its Administrator, Union
Territory, Secretariat, Sector - 9, Chandigarh, PIN- 160009
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2. Secretary Personnel, UT Chandigarh, Chandigarh
Administration, Sector 9, Chandigarh, PIN - 160009
3. Secretary Finance, UT Chandigarh, Chandigarh
th
Administration, 4 Floor, Sector 9, Chandigarh, PIN - 160009
4. Additional Secretary Personnel, UT Chandigarh, Chandigarh
Administration, Sector 9, Chandigarh, PIN - 160009
....Respondents
(By Advocate: Mr. Gagandeep Toni)
OA No. 192/2023
1. Ravi Chauhan, S/o Sh. Partap Singh, Aged 24 Years, Working
as Steno Typist In Education Department, Additional Deluxe
Building, Sector 9 D. Chandigarh, Pin-160009, R/O House No.
454-A, Sector 33-A, Chandigarh, PIN- 160033.
2. Hemant Chauhan, S/o Sh. Partap Singh, Aged 26 Years,
Working As Steno Typist In Model Jail, Chandigarh Police
Headquarters, Sector 9 D Chandigarh, PIN-160009, R/O House
No. 454 A, Sector 33-A, Chandigarh, Pin- 160033
3. Naman Verma, S/o Sh. Rajesh Verma, Aged 26 Years, Working
As Steno Typist In Chandigarh College Of Architecture, Sector 12,
Chandigarh, Pin-160012, R/O House No. 5015, PEC Campus,
Sector 12, Chandigarh, Pin-160012.
.... Applicants
(By Advocate: Mr. Rohit Seth).
Versus
1. Chandigarh Administration through its Administrator, Union
Territory, Secretariat, Sector-9, Chandigarh, PIN-160009
2. Secretary Personnel, U.T. Chandigarh, Chandigarh
Administration, Sector 9, Chandigarh, PIN-160009,
3. Secretary Finance, U.T. Chandigarh, Chandigarh
Administration, 4th Floor Sector 9, Chandigarh, PIN-160009,
4. Additional Secretary Personnel, U.T. Chandigarh, Chandigarh
Administration, Sector 9, Chandigarh, PIN-160009.
....Respondents
(By Advocate: Mr. Gagandeep Singh Toni).
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ORDER
PER: RASHMI SAXENA SAHNI, MEMBER (J)
The present two original applications were heard together and are being taken up for disposal by a common order, as was requested by learned counsel for the parties. For convenience, facts are taken from the case of Mandeep Singh Topwal & Ors. vs. Chandigarh Administration & Ors. (OA No. 193/2023).
2. Present Original application has been filed on 24.02.2023 by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"(i) Quash Order dated 03.02.2023 (Annexure A-1), vide which the claim of applicants regarding lowering of their pay scales has been illegally and arbitrarily declined.
ii) Quash notification dated 06.01.2021 (Annexure A-2) read with Corrigendum dated 13.01.2021 (Annexure A-3), as it makes applicable letter dated 15.01.2015 issued by Pb. Govt as adopted by UT. Administration which already stood quashed by the Hon'ble Punjab and Haryana High Court and to the extent new pay scales have been granted and replaced in advertisement for the posts of Clerks and Steno Typists.
Notification allegedly makes new scales effective w.e.f. 01.01.2006 by terming it as grant of higher pay scale while it quotes that the scales being given shall not be applicable to the already existing Clerks and Steno Typist including those who have been recruited under revised cadre review thus dividing a homogenous class and creating a sub category within a category in matter of grant of pay / pay fixation, which infact are downgraded pay scales while ignoring two notifications issued by Punjab Government of dated 03.10.2011 and 15.12.2011 in which the pay scales had been revised twice w.e.f. 01.10.2011 and 01.12.2011 to Rs.10,300- 34,900 with Grade Pay 3200 which were duly adopted by U.T. Administration vide Notification dated 14.02.2012.
iii) Quash appointment letter dated 31.03.2021 (Annexure A-4 Colly) and all such appointment letters issued to applicants pursuant to common recruitment to the extent they downgraded pay scale/consolidated pay at DC rate instead of B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 13 OA 193/2023 with OA 192/2023 pay scales attached to the posts of Clerks and Steno Typists prescribed under statutory Recruitment Rules notified on dated 29.05.2015 at par with fixation of pay as has been given in scale/salary to other Clerks and Steno Typists working in different departments in U.T. Chandigarh Administration at the time of advertisement and discharging same duties and responsibilities as applicants and lastly as two Pb. Govt notifications dated 03.10.2011 and 15.12.2011, revising the pay scales of Clerks and Steno Typists duly adopted by U.T. Administration vide notification dated 14.10.2011 and 14.02.2012 have been ignored while taking such action qua applicants. It is settled law that scope of corrigendum is to carry out minor correction and it cannot make material change in the advertisement itself and as such the same is not sustainable in law.
iv) Quash impugned circular letter No. 7000/1/2/F&PO(7)/2020/12240 dated 17.09.2020 (Annexure A-5) vide which, the Chandigarh Administration has decided to adopt the instructions of Govt. of Punjab, Finance Department (Finance Personnel-1 Branch) issued vide their letter No.7/42/2020-5FP1/741-746 dated 17.07.2020 being bad in law as it makes applicable letter dated 15.01.2015 issued by Pb. Govt as adopted by U.T Administration which already stood quashed by the Hon'ble Punjab and Haryana High Court and to the extent they replace the pay scale from Rs. 10300- 34800+ 3200 GP to Rs 5910-20200 + 1900 GP w.e.f 01.01.2006 while which amounts to overriding the Recruitment Rules dated 29.05.2015 notified under Article 309 of the Constitution of India in respect of Clerks and Steno Typists, changing the rules of game wherein the advertisement had already been issued on 28.09.2019 and process for recruitinent was on, moreover the letter dated 17.07.2020 provided to take prior concurrence of Department of Finance, notify scales and amend the rules or start recruitment afresh which action was never under taken and as such the same is arbitrary, illegal as administrative communications/letters/circulars cannot over ride the statutory recruitment rules.
v) Direct the respondents to grant the same pay scale/ fixation to applicants as is applicable to similarly placed employees of U.T Chandigarh already in service when the recruitment process for applicants was on as both have same duties and responsibilities and treat the applicants to have been recruited in the scale of 10,300-34,800 with Grade Pay 3200 for placement in cell in pay matrix in level 3 with them, as employees holding same post and forming homogenous class cannot be considered to be in two different scales for purpose of pay fixation and grant benefit of judgment in Dr.Vishawdeep B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 14 OA 193/2023 with OA 192/2023 and others Vs. State of Punjab and others in CWP No.6391 of 2016 decided on 26.10.2018 and CWP No. 17064 of 2017 Titled Ajay Kumar Singla and others vs State of Punjab and Ors vide its judgment dated 16.02.2023 with all consequential benefits from date of initial appointment along with arrears and interest @12% thereupon.
OR Direct the respondents in the alternative to treat the applicants at par with the Data Entry Operators of U.T. Administration for purpose of pay fixation which post had been declared at par with the post of Clerks by Anomaly Committee on basis of which DEO's of U.T. Admn were given scales being drawn by Clerks with Grade pay 3200/- and even in the Recruitment Rules for post of DEO's notified on 04.08.2021 grants scale of 10,300-34,800 with Grade Pay 3200.
vi) Direct the respondents to grant to the applicants the regular pay scale along with all other emoluments, allowances etc, from the date of their initial appointment and pay the arrears while affirming the ratio held in the earlier judgments of Hon'ble Punjab and Haryana High Court vide Order dated 16.02.2023 in a bunch of similar petitions.
vii) Grant any other relief for which the applicants are found entitled to in interest of justice and equity."
3. The facts of the case are that vide Advertisement dated 28.09.2019 (Annexure A-6), Department of Personnel, Chandigarh initiated the recruitment process for filling up posts of Clerks and Steno-Typists (English) in the pay scale of Rs. 10300-34800 with Rs. 3200 Grade Pay, in the Chandigarh Administration. This Advertisement was issued under Group 'C' (Clerk and Steno- Typists) (Common Cadre) Recruitment Rules, 2015 wherein online applications were invited from eligible candidates for regular appointment. The last date of submission of online applications was 21.10.2019. The number of posts for Clerks advertised was 356 and for Steno Typists were 48.
B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 15 OA 193/2023 with OA 192/2023
4. The criteria for filling up the post of Clerks and Steno-Typists was Written Test of 200 marks (Two papers of 100 marks each of objective type test of two hours duration) and there was no negative marking. This was followed by the test in typing on computer for 10 minutes @ 35 words per minute, which was only qualifying test in respect of Clerks while for the post of Steno-Typist, only the qualifying test of Stenography Test in English at the speed of 80 words per minute in Stenography and 20 words per minute to transcript the same on computer. There was no interview. The educational and other qualifications including computer skill test was also prescribed in the advertisement. The applicants fulfilled the criteria prescribed in the said advertisement dated 28.09.2019 (Annexure A-6).
5. The written examination was held on 22.12.2019 and its result was declared on 13.02.2020. This was followed by Typing test scheduled on different dates between 15.03.2020 and 23.03.2020. However, after 15.03.2020, the Typing test was postponed due to Covid - 19 pandemic and the second phase of Typing test was held between 06.12.2020 and 19.12.2020. The final result of Steno- Typists was declared on 01.02.2021 and the Document Verification started from 15.02.2021 onwards. The final result of Clerks was declared on 15.02.2021 and the Document Verification was started from 10.03.2021 onwards. The Appointment letters and Medical Forms were issued in the beginning of April, 2021 and the applicants joined duties from June, 2021 onwards. B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 16 OA 193/2023 with OA 192/2023
6. In view of notification dated 13.01.1992 (Annexure A-7), the conditions of service of employees of UT Chandigarh were same as persons holding corresponding posts in Punjab, The same became subject matter of interpretation by the Hon'ble Supreme Court in the case of UT Chandigarh vs. Rajesh Kumar Basandhi reported as 2004 (1) SCT 680, wherein the Hon'ble Supreme Court laid down the law that the Punjab Rules are applicable ipso facto to UT Chandigarh even without formal adoption. Para 19 of the said judgement read as follows:-
"19. .........What be the conditions of service for Punjab Services at the time they are to be applied, the same would, ipso facto, apply to Chandigarh Service without anything further to intervene for its applicability.
7. Accordingly, the Chandigarh Administration adopted the pay scales of Punjab Government vide its notification dated 25.07.2009. Thereafter, vide notification dated 03.10.2011, State of Punjab revised the pay scales of Clerks and Steno Typists w.e.f. 01.10.2011 and the same was adopted by UT Chandigarh vide notification dated 14.10.2011. Thereafter, vide notification dated 15.12.2011, the State of Punjab again revised the pay scales for certain categories of employees, which included the Clerks and Steno- Typists w.e.f. 01.12.2011. The revised pay scales were adopted by UT Chandigarh vide Notification dated 14.02.2012. Thereafter, the State of Punjab issued Notification dated 15.01.2015 (Annexure A-13) notifying the Rules called 'The Punjab Civil Service Rules (Second Amendment) Volume I, Part I of 2015, which came into effect from the date of notification, i.e., B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 17 OA 193/2023 with OA 192/2023 15.01.2015. Hence, Punjab Civil Service Rules 1 Part 1 were also amended by insertion of rule 2.20-A and substitution was made in Rule 4.1, 4.4 and 4.9. The Punjab Government also issued Circular to all the Heads of the Departments and Registrar of the Hon'ble High Court on the issue of import of the aforesaid notification and explanation relating to need for modification of service conditions.
8. A perusal of the notification dated 15.01.2015 as also the Circular dated 15.01.2015 shows that the Punjab Government, keeping in view its financial constraints decided that for the purpose of giving maximum opportunity to unemployed persons, the service conditions be modified, for appointment to various posts in different categories in the State of Punjab, holding that in future appointments through direct recruitment, the employee shall be kept on probation period for two years and during probation, he/she shall only be entitled to fixed emoluments, i.e., fixed minimum pay in the pay band without any allowances and during such probation period, such employee shall not be entitled to any Grade Pay, Annual Increment, Dearness Allowance or any other allowance except Travelling Allowance. It was also stated that the said period of probation would not be counted towards the total service period and after the completion of probation period, the employee will be confirmed in service and would start getting yearly increments also.
9. The Chandigarh Administration also adopted this Punjab Government notification dated 15.01.2015, vide its B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 18 OA 193/2023 with OA 192/2023 letter dated 10.07.2015 (Annexure A-15), in case of direct recruitment. However, according to applicants, it is pertinent to mention that there was no financial constraint in UT Chandigarh, which is under the control of MHA, unlike the State of Punjab which followed the policy to great extent in its Administration.
10. In the meantime, Chandigarh Administration, vide its notification dated 29.05.2015 (Annexure A-16), amalgamated the cadre of Clerks as well as Steno-Typists and made the Rules for regulating the method of recruitment to the Group 'C' Posts (Ministerial) in Chandigarh Administration under Chandigarh Administration Group 'C' (Clerk and Steno- Typist) Common Cadre, Recruitment Rules, 2015 under Article 309 of the Constitution. The Scale of Pay in respect of both the Clerk and Steno-Typist was fixed at 10,300-34,800 + Grade Pay Rs. 3,200/-. These Rules, having been notified under Article 309 of the Constitution of India, have statutory force attached to them and the same have not been amended till date in terms of pay scales. After notifying into Recruitment Rules on 29.05.2015, UT Administration subsequently adopted Punjab Government notification dated 15.01.2015, vide letter dated 10.07.2015 (Annexure A-15). Thereafter, vide Gazette Notification dated 05.09.2016, Government of Punjab amended the Punjab Civil Services (General and Common Conditions of Service) rules 1994 in Rule 7, in Sub-Rule (1), replacing the word "two" to "three" to the B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 19 OA 193/2023 with OA 192/2023 extent same relates to period of probation. The Chandigarh Administration adopted the same vide Order dated 30.11.2016, despite having framed its own Recruitment Rules of 2015. The 2015 Recruitment Rules were, however, amended by UT Administration on 10.01.2017 to the extent of Column No. 6 relating to age of direct recruitment but no amendment in entry pay scales prescribed was made. Scale of pay remained the same, i.e., Rs. 10300-34800+GP of 3200. A copy of the notification dated 29.05.2015 alongwith amendment dated 10.01.2017 of UT Administration is at Annexure A-16.
11. Further, vide order dated 21.12.2015 (Annexure A-17) Government of Punjab, Department of Finance communicated that where the pay of officers/official initially is less than DC Rates/Labour Rates during probation period, they may be given wages equal to the DC Rates/Labour Rates during probation. Thus, as a consequence of reduction of scale of newly recruited Clerks and Steno-Typists from Rs. 10300+34800+3200 Grade Pay to Rs. 5910
- Rs. 20,200 + 1900 Grade Pay, the entry scale of the applicants became even less than the DC rates and as such they were given consolidated salary at par with DC rate causing them monetary loss. Their representation in this regard (Annexure A-19) highlighting their grievances including that vide order dated 17.07.2020, Punjab Government approved reduced pay scales prospectively, whereas the UT had approved retrospectively was not considered. Applicants highlighted their inability to refuse the appointment at lower pay B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 20 OA 193/2023 with OA 192/2023 scales being in need of employment, despite it being violative of statutory Recruitment Rules.
12. Thereafter, vide order dated 17.07.2020 (Annexure A-18) State of Punjab issued instructions regarding New Pay Scales for recruitment/appointment in the service of Government of Punjab or its entities thereof vide which, it was decided that the Pay Scales admissible to all prospective recruitments / appointments - Direct recruitments / compassionate appointment, in any cadre of any Administrative Department of the Government of Punjab or the entities there under, shall not be higher than the Pay scale admissible to the said cadre in Government of India as notified as per the recommendation of 7th CPC (Ref. Para 2 of Annexure A-18).
13. It has been pleaded that letter dated 17.07.2020 that has been issued by Punjab and adopted by UT Administration is in contravention to the settled law as the pay scales of the prospective recruitments/appointments cannot be altered unless the Recruitment Rules are amended. Recruitment Rules have a statutory force and pay scales cannot be altered by mere executive instructions as has been done in case of UT employees. Letter dated 17.07.2020 clearly specified that the instructions issued vide notification dated 15.01.2015, shall be applicable to the fresh recruitments only. The 15.01.2015 notification of amendment in Rules, was challenged before Hon'ble High Court of Punjab and Haryana in the case titled Dr. Vishawdeep & Ors. vs. State of Punjab and Ors. in C.W.P. No. 6391/2016 decided on B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 21 OA 193/2023 with OA 192/2023 26.10.2018 and C.W.P. No. 25306/2017 in Dr. Kanwarpal Singh Sandhu & Ors. Vs. State of Punjab decided on 26.10.2018. The Hon'ble High Court of Punjab and Haryana quashed the notification dated 15.01.2015, so far as it substituted Rule 4.1 of the PCS Rules. The said impugned notification dated 15.01.2015 has been declared to be violative of Articles 14 and 39 of the Constitution of India and petitioners therein have been held entitled to consequential benefit. Further, in another matter titled Gurvinder Singh vs. State of Punjab in CWP No. 8922/2017 decided on 13.09.2018, the Hon'ble High Court of Punjab and Haryana held the impugned clauses of grant of fixed emoluments, on the basis of notification dated 15.01.2015, as illegal and arbitrary and granted consequential benefits, i.e., full salary in the pay band along with grade pay and allowances including DA and increments during the probation period and also to treat such probation period towards permanent service for all intents and purposes. So, the said notification of Punjab Government dated 15.01.2025 adopted by UT Administration had already been quashed by the Hon'ble Punjab and Haryana High Court, as discussed hereinabove.
14. According to applicants, despite quashing, it was made a part and parcel of the letter dated 17.07.2020. This notification by State of Punjab dated 17.07.2020 (Annexure A-18) was adopted by UT Administration vide its order dated 17.09.2020 issued by Accounts branch, Finance Department, Chandigarh (Annexure A-5). In accordance with this order, the Chandigarh Administration went B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 22 OA 193/2023 with OA 192/2023 ahead to replace the scale advertised in Annexure A-6, being Advertisement issued on 28.09.2019, by a Corrigendum dated 13.01.2021 (Annexure A-3). This has resulted in two sets of pay scales for the same post, carrying out same work, on the basis of executive instructions, nullifying the entry scales provided in the Rules. Also, the Chandigarh Administration in its subsequent order of adoption dated 17.09.2020, while adopting the notification dated 17.07.2020 of the Punjab Government, has not carried out the full implementation of the same, wherein it has been specifically mentioned that the Administrative Departments shall with the prior concurrence of the Department of Finance, notify the pay scales for the prospective recruitment to the cadres under it and amend the relevant Recruitment Rules, wherever necessary.
15. In this context, according to the applicants, the Recruitment Rules in respect of Clerks and Steno-Typists had already been framed by the Chandigarh Administration, vide its notification dated 29.05.2015 and pay scales notified therein, they were not amended before the issuance of Advertisement (Annexure A-6) for the above- said recruitment or even afterwards so far as the scales of pay are concerned, even as the recruitment process of the applicants had already begun. The Recruitment Rules were framed under the Article 309 of the Constitution of India by Chandigarh Administration, hence, have a statutory character and cannot be superseded by the executive instructions. According to applicants, the action of the Chandigarh Administration to adopt the Pay scales B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 23 OA 193/2023 with OA 192/2023 of Punjab Government as per Notification dated 13.01.1992 issued by MHA, by ignoring the existing Chandigarh Administration Group 'C' (Clerk and Steno-Typists) (Common Cadre) Recruitment Rules, 2015 and without carrying out the amendment in the said Recruitment Rules, is an abuse of power and authority causing severe prejudice to the applicants and the same is highly discriminatory and bad in law.
16. In the opening paragraph of notification dated 06.01.2021 (Annexure A-2) issued by UT Administration, it has been mentioned that higher pay scale is granted to the Clerks and Steno-Typists based on the 5th Pay Commission as on 01.01.2006 (and table notified in 2009) and further converted to Pay Scale/Matrix as per the 7th CPC. Moreover, it has been mentioned in the para 3 of the said notification that these pay scales shall be applicable to the new recruits and shall not be applicable to the existing incumbents in any manner. Thus, it has resulted in two scales within same category of employees.
17. Therefore, according to the applicants, the employees holding analogous post and carrying out the same work cannot be discriminated by giving them lesser pay scales. The Chandigarh Administration has totally overlooked the two notifications issued by the Punjab Government dated 03.10.2011 and 15.10.2011 in which the pay scales have been revised twice w.e.f. 01.10.2011 and 01.12.2011. Hence, according to the applicants, the letter dated B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 24 OA 193/2023 with OA 192/2023 06.01.2021 has been issued by Chandigarh Administration without any application of mind.
18. According to applicants, the Chandigarh Administration has also further overlooked the fact that in this notification reference to the notification dated 15.01.2015 in para 2(i) is not legally sustainable as this has already been quashed by the Hon'ble Punjab and Haryana High Court in case cited supra. This notification of 06.01.2021 is therefore illegal and liable to be quashed. Furthermore, Corrigendum dated 13.01.2021 (Annexure A-3) to Recruitment Notice No. 34/129-IH (11) - 2019/14696 dated 28.09.2019, New Pay Scales for the post of Clerks and Steno-Typists were incorporated while replacing the scales in which the posts were advertised. Thus, the applicants were issued appointment letters for the post of Clerk in the month of March, 2021 under the Common Cadre in the pay scale matrix of Rs. 19900 (Level 2) at DC rate of Rs. 23,393/- per month (Annexure A-4). The appointment letters carried downgraded pay as entry pay in scale of Rs. 5200-20200 with Grade Pay Rs. 1900 as per Corrigendum dated 13.01.2021 rather than 10,300-34,800 with Grade Pay Rs. 3200 as per advertisement. As per the said advertisement, the lower pay scale was not as per the Recruitment Rules framed vide notification dated 29.05.2015 and was contrary to the original advertisement dated 28.09.2019 (Annexure A-6). The reference letter dated 06.01.2021 has been quoted in the appointment letter (Annexure A-4) overlooking the two notifications dated 03.10.2011 and 15.12.2011. B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 25 OA 193/2023 with OA 192/2023
19. The applicants submitted joint representations dated 16.09.2021 and 24.11.2021 for redressal of their grievances that the pay scales given to them are not as per the Chandigarh Administration Group 'C' (Clerks and Steno-Typists) (Common Cadre) Recruitment Rules, 2015. However, the representations in Annexures A-19 (colly) have not been considered. Thereafter, vide circular dated 05.08.2022, the Chandigarh Administration issued instruction regarding implementation of notification dated 29.03.2022 issued by the Government of India, Ministry of Home Affairs regarding the operation of Recruitment Rules. In this context, para 2 and 3 of the notification dated 29.03.2022 are relevant and according to the applicants, this amendment with existing Recruitment Rules applicable before 01.04.2024 shall be operative and in the present context, the prevailing Chandigarh Administration Group 'C' (Clerks and Steno-Typists) (Common Cadre) Recruitment Rules, 2015 framed specifically for Clerks and Steno- Typists circulated vide Notification dated 29.05.2015 will be operative. Consequently, the pay scales accorded to the applicants shall be applicable as per the notification dated 29.05.2015 and not the lower pay scales conveyed vide the executive instructions by a Corrigendum which cannot override the statutory rules. Letter of the Government of Punjab, Department of Personnel, Chandigarh Administration vide Notification No. 34/129- IH (11)-2021/237 dated 06.01.2021 notified following new pay scale in respect of Clerks and Steno-Typists, which are applicable to B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 26 OA 193/2023 with OA 192/2023 recruitment as per Annexure A-6 instead of pay scale mentioned in said Recruitment Notice:-
Sr.No. Name of Post Pay Scale Minimum pay
according to admissible as per
01.01.2006 17.07.2020
1. Clerk 5910- 19900 (Level 2)
20200+1900
2. Steno-typist 5910-2022+2000 21700 (Level 3)
20. Since the representations have not been pressed, the
applicants filed, earlier OA No. 1179/2022 titled Mandeep Singh Topwal & Ors. Vs. Chandigarh Administration & Ors., which was disposed of vide order dated 10.11.2022 (Annexure A-21) with a direction to the respondents to decide the claim of the applicants as raised in their representations within a period of eight weeks.
21. According to applicants, vide order dated 03.02.2023 (Annexure A-1), the same has been rejected without any justifiable reasons. They contend that there cannot be one post in two pay scales causing major monetary difference in both pays drawn by those in service in year 2017 and applicants who joined later in 2021. Once notification dated 15.01.2015, as adopted by UT Chandigarh, stood quashed by Hon'ble High Court in 'Dr. Vishawdeep & Ors. Vs. State of Punjab & Ors' in CWP No. 6391 of 2016 decided on 26.10.2018, it cannot be applied. The DEO's who claimed parity of scales with Clerks were granted the same on report of anomaly committee constituted on order of this Hon'ble Tribunal and they were retained in previous higher scale B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 27 OA 193/2023 with OA 192/2023 itself while Clerks were placed in lower scales and now Clerks are liable to be given the same scale by applying the same report vice versa where it was stated that their duties and responsibilities are same. The impugned order and action of the respondents is illegal, illogical, arbitrary, discriminatory, against the rules, violative of Articles 14, 16, 21, 39(d) and 311 of the Constitution of India and as such is liable to be quashed and set aside. Hence, the present Original Application.
22. The respondents have filed their reply on 25.08.2023 stating that as per Annexure A-6 dated 29.09.2019, applications were invited for filling up the posts of Clerks and Steno-Typists under Chandigarh Administration. The pay scale mentioned therein of Clerk is Rs. 10300-34800+3200 Grade Pay. As per the notification dated 13.01.1992 (Anenxure A-7) of the Government of India, Ministry of Home Affairs, the conditions of service and pay scales of UT employees, were in Punjab pattern. In the written statement, the respondents have reiterated the various notifications issued by the Punjab Government with regard to the notification of pay scales and their adoption by UT administration. The respondents have also drawn attention to OA No. 1179/2022 titled Mandeep Singh Topwal & Ors. Vs. Chandigarh Administration & Ors., filed by the applicants seeking relief, which was disposed of by the Tribunal with a direction to decide the representations of the applicants, in a time bound manner.
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23. That in compliance of the directions issued by the Tribunal in OA No. 1179/2022, the Competent Authority after considering the representations dated 16.09.2021 (Annexure A-19) disposed of the same vide order dated 03.02.2023 (Annexure A-1) rejecting the claim. We have heard learned counsel for both the sides and considered rival contentions.
24. According to the learned counsel for the respondents, the Department of Personnel, Chandigarh Administration recruits only Clerks and Steno-Typists under Chandigarh Administration Group 'C' (Clerks and Steno-Typists) (Common Cadre) Recruitment Rules, 2015 and at present, no such category/cadre of Data Entry Operator exists under Common Cadre. Both the Clerks and Data Entry Operators have different cadres.
25. Learned counsel for the respondents submits that at the time of issuance of letters of appointment, reduced pay scales were known to the applicant and after satisfying themselves about the conditions, the applicants joined the service from June 2021 onwards but the contention now is that these conditions do not apply to them. Furthermore, the SLP has been filed along with the stay application by the Government of Punjab against order passed in Dr. Kanwarpal Singh & Ors. Vs. State of Punjab & Ors. as also in the case of 'Dr. Vishawdeep & Ors. Vs. State of Punjab B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 29 OA 193/2023 with OA 192/2023 & Ors.' and the same is pending before the Hon'ble Supreme Court.
26. Further, the respondents have revised the pay scales for the post of Clerks and Steno-Typists w.e.f. 01.01.2006 vide notification dated 06.01.2021 (Annexure A-2) as per the recommendations of 7th CPC and Corrigendum letter dated 13.01.2021 (Annexure A-3) was also issued before the declaration of results as well as the issuance of appointment letters as such recruitment has been made as per prevailing rules and instructions existing at that time.
27. We have perused the facts and pleadings on record in detail to understand the evolution basis, and the impact of framing Recruitment Rules in 2015 and the issue of Corrigendum. We find that the Common Cadre Recruitment Rules in respect of Clerks and Steno-Typists were framed by the Chandigarh Administration, under Article 309 of Constitution of India and notified on 29.05.2015. The Advertisement issued on 28.09.2019 (Annexure A-6) for filling up the post of Clerks and Steno-Typists in the entry pay scale of Rs. 10300-34800 with Grade Pay of Rs. 3200, was as per these Recruitment Rules dated 29.05.2015. Corrigendum (Annexure A-3) was issued on 13.01.2021 as Finance Department of UT adopted the instructions dated 17.07.2020 of Punjab Government by virtue of Notification dated 13.01.1992 of MHA, with reference to Recruitment Notice dated 28.09.2019 (Annexure A-6). Lower entry B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 30 OA 193/2023 with OA 192/2023 pay scales were notified as per corrigendum in line with Government of Punjab notification No. 34/129-IH (11)- 2021/237 dated 06.01.2021 (Annexure A-2).
28. A perusal of sequence of events as detailed in the pleadings shows clearly that at no point of time were the Recruitment Rules of 2015 amended with reference to entry pay scale, which were modified through an administrative order, i.e., Corrigendum dated 13.01.2021 (Annexure A-3). It was by this administrative instructions that the pay scale mentioned in the Recruitment Rules 2015, notified under Article 309 of the Constitution of India, was reduced in the offer of appointment to the applicants (Annexure A-4). The Recruitment Rules did not provide for a lower pay scale. In our considered view, Recruitment Rules have the effect of statutory rules and a due process must be followed for their amendment, and issuance of Corrigendum cannot substantively or materially alter the key condition of service by overriding the statutory rules.
29. The contention that the applicants were aware while accepting the appointment letters with lower pay scales is neither fair nor a justifiable agreement. In our considered view, therefore, the contention that applicants accepted the downgraded pay scales, as mentioned in the Corrigendum of 13.01.2021, issued before the appointment letters, is both unfair and unjust. We are of the view that the new recruits were not in a position to bargain while B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 31 OA 193/2023 with OA 192/2023 seeking employment. Undue advantage should not be taken of their vulnerable situation, as its against equality and is unfair.
30. The 1992, MHA notification (Annexure A-7), reads in para 2, "The conditions of service of persons appointed to the Central Civil Services and posts in Group A, B, C and D under the administrative control of the Administrator of Union Territory of Chandigarh shall, subject to any other provision made by the President in this behalf, be the same as the conditions of service of persons appointed to the corresponding posts in Punjab Civil Services and shall be governed by the same rules and orders as are for the time being applicable to the latter category of persons. Provided that in the case of persons appointed to the services and posts under the administrative control of Administrator, Chandigarh, so long as they are drawing pay on the rates admissible to the corresponding categories of employees of the Government of Punjab, it shall be competent for the Administrator to revise their scales of pay from time to time so as to bring them at par with the scales of pay which may be sanctioned by the Government of Punjab from time to time to the corresponding categories of employees." In our view, Recruitment Rules were framed by the UT in 2015 as per the exception. Then, seeking to modify 2015 Recruitment Rules with executive instructions without analysis of the need, impact and timing of such modification, has resulted in confusion. By doing this and following notifications of Punjab Government without considering B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 32 OA 193/2023 with OA 192/2023 the need and relevance, the Chandigarh Administration has created two pay scales for the same post, in terms of similarly placed employee already in service and those recruited subsequently as per advertisement dated 28.09.2019 read with Corrigendum dated 13.01.2021. This is certainly against law of equality and in our view, therefore, not judicially sustainable, specially as this has been done despite the judicial order 2018 itself of the Hon'ble Punjab and Haryana High Court in two cases, i.e., Dr. Kanwarpal Singh (supra) and 'Dr. Vishawdeep (supra) quashing notification dated 15.01.2015, to the extent by which fixed emoluments were to be paid instead of regular entry pay scale of 10300-34800+3200 GP. Administrative/Executive Instructions cannot override the Judicial order and statutory rules.
31. We find merit in the contention of the applicants that entry pay scales notified in the Advertisement (Annexure A-6) for the posts of Clerks and Steno Typists as per RRs of 2015 and not the reduced pay scale as per Corrigendum, are applicable to them. The fact that the recruitment of the applicants (Annexure A-6) has been made under 2015 Recruitment Rules not in dispute, and it has clearly laid out a particular pay scale. Since this notification is under Article 309 of the Constitution of India, the pay scale notified in the Recruitment Rules, 2015 is the pay scale to be adopted for those recruited as per the advertisement dated 28.09.2019. Corrigendum dated 13.01.2021, being an B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 33 OA 193/2023 with OA 192/2023 executive order, in our view cannot override the statutory rules.
32. However, the contention of the applicants to be treated on par with DEO is not acceptable as they are a different cadre and recruited under different RRs. RRs of DEOs were notified on 04.08.2021 while for applicants, RRs were notified in 2015 and that there is no category of Data Entry Operator (DEO) under the Common Cadre Rules of 2015.
33. To sum up, we are of the view that the notification of the 2015 has already been quashed partially by Hon'ble High Court in 2018 to the extent it provides granting reduced pay scale of Rs. 5910- 20200+1900 GP and yet it was not taken cognizance by UT Administration which continued to follow Punjab Rules. Further, if the UT Administration had to follow the Punjab Service Rules after 2015, since these Recruitment Rules of 2015 have been framed under Article 309 of the Constitution, they should have been amended to notify the downgraded pay scales as mentioned in Corrigendum dated 13.01.2021. We are of the view that the scope of Corrigendum is to carry out minor clerical corrections. It cannot be used to make substantive changes in the rules of the game after the process of the recruitment had been initiated vide Advertisement dated 28.09.2019. In fact, UT has amended these Recruitment Rules in 2017 in terms of eligible age criteria and nothing precluded them from amending pay scales also. This makes B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 34 OA 193/2023 with OA 192/2023 us feel that Punjab Notifications have been adopted without considering the full impact of the decision on UT employees and also the legality Recruitment Rules applicable to them in the light of the Hon'ble Punjab and Haryana High Court Order of 2018.
34. We are, therefore, in the light of discusion above, of the considered view that the OA has merit and that the order dated 03.02.2023 (Annexure A-1), vide which the claim of the applicants regarding lowering of their pay scale has been declined, needs to be set aside. Further, notifications dated 06.01.2021 (Annexure A-2) read with Corrigendum dated 13.01.2021 (Annexure A-3), which makes applicable letter dated 15.01.2015, issued by the Punjab Government and adopted by UT Administration, are also quashed.
35. So, the appointment letters dated 31.03.2021 (Annexure A-4) issued to the applicants, pursuant to Common Cadre Recruitment Rules, 2015, to the limited extent that they downgraded the pay scale as per the Corrigendum dated 13.01.2021, instead of the pay scales attached to the posts of Clerks and Steno-Typists, prescribed under the statutory Recruitment Rules notified on 25.05.2015 and were included in the advertisement dated 28.09.2019, are quashed. As this creation of a sub-clause within a homogeneous clause, when all are discharging the same duties and responsibilities, by carrying out an amendment through the Corrigendum, is not equitable and so not sustainable in law.
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36. In view of the above discussion, the impugned circular letter No. 7000/1/2/F&PO(7)/2020/12240 dated 17.09.2020 (Annexure A-
5), vide which the Chandigarh Administration adopted the instructions of the Government of Punjab, Finance Department issued vide letter dated 17.07.2020, is bad in law, as it makes applicable letter dated 15.01.2015 issued by the Punjab Government and adopted by the UT Administration as the said letter of 15.01.2015 has already been quashed by the Hon'ble Punjab and Haryana High Court in 2018, to the extent that it sought to replace the pay scale advertised by a lower pay scale, notified through the Corrigendum, is set aside.
37. Further, notification dated 29.03.2022 issued by MHA read with circular dated 05.08.2022 of Chandigarh Administration relating to service conditions of UT employees, allows operation of Recruitment Rules as applicable before 01.04.2022, for filling up posts by way of direct recruitment till fresh Recruitment Rules are finalised as per Central Rules. Hence, Recruitment Rules of 2015, Common Cadre are operational as on date.
38. We direct the respondents to grant pay scale/fixation to the applicant as is applicable to similarly placed employees of UT Chandigarh already in service when the recruitment process for applicants commenced, as both have same duties and responsibilities and there can be no discrimination. The respondents are directed to fix pay of the applicants, recruited under the Recruitment Rules of 2015, in the entry pay scale of Rs. 10300- B SHRI B SHRI AKSHAYA AKSHAYA2025.09.24 15:34:12+05'30' Item 28 & 29/C-2 36 OA 193/2023 with OA 192/2023 34800 with Grade Pay Rs. 3200, as stated in the recruitment advertisement. The applicants are entitled to all the consequential benefits from the date of the initial appointment along with arrears. No interest is to be paid on the arrears.
39. Accordingly, the OA is allowed, as above and the respondents are directed to complete the process within a period of 12 weeks from the date of receipt of copy of this Order. No order as to costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
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