Punjab-Haryana High Court
Union Territory Chandigarh And Others vs Central Administrative Tribunal ... on 7 February, 2020
Bench: Jaswant Singh, Surinder Gupta
101+102+103-4 cases (Total 06 Cases)
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(1) RA-CW No. 348 of 2019 (O&M) in
CWP No. 18581-CAT of 2008
Date of Decision: 07.02.2020
Union Territory, Chandigarh
.....Petitioner
Versus
Pardeep Kumar and others
.......Respondents
(2) RA-CW No. 366 of 2019 (O&M) in
CWP No. 19809-CAT of 2008
Union Territory, Chandigarh
.....Petitioner
Versus
Harinder Pal Singh and another
.......Respondents
(3) RA-CW No. 411 of 2019 (O&M) in
CWP No. 19841-CAT of 2008
Union Territory, Chandigarh
.....Petitioner
Versus
Dalip Singh and others
.......Respondents
(4) RA-CW No. 405 of 2019 (O&M) in
CWP No. 18152-CAT of 2002
Chandigarh Administration (U.T.)
.....Petitioner
Versus
Ashokbir Singh and others
.......Respondents
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RA-CW No. 348 of 2019 (O&M) in -2-
CWP No. 18581-CAT of 2008 and "05" Connected Cases
(5) RA-CW No. 410 of 2019 (O&M) in
CWP No. 1374-CAT of 2009
Union Territory, Chandigarh
.....Petitioner
Versus
Sadhu Singh and another
.......Respondents
AND
(6) RA-CW No. 403 of 2019 (O&M) in
CWP No. 11546-CAT of 2008
Union Territory, Chandigarh
.....Petitioner
Versus
Surinder Kumar and others
.......Respondents
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Pankaj Jain, Sr. Standing Counsel, U.T., Chandigarh with
Ms. Madhu Dayal, Additional P.P., U.T., Chandigarh
for the applicant-petitioner(s) (in all cases).
****
SURINDER GUPTA, J. (ORAL)
[1] This common order shall dispose of the above- mentioned six (06) Review Applications moved by the applicant- petitioner(s) / U.T., Chandigarh, as the same relate to identical issue / prayer. For the facility of reference, facts are being culled out from RA-CW No. 348 of 2019 in CWP No. 18581-CAT of 2008. [2] The applicant-U.T., Chandigarh (petitioner), by moving the Review Application (RA-CW No. 348 of 2019), is seeking modification / clarification of the judgment dated 07.03.2014 passed by this Court to the extent (i) that the benefit of the judgment will not 2 of 4 ::: Downloaded on - 02-03-2020 02:12:34 ::: RA-CW No. 348 of 2019 (O&M) in -3- CWP No. 18581-CAT of 2008 and "05" Connected Cases accrue to such C&V Teachers, who were not re-designated as Trained Graduate Teachers (TGTs) in terms of the Circular dated 08.02.1989; (ii) that the judgment did not permit of any change of original options, required to be furnished in writing by the employees, from the Central Pay Scales to Punjab Pay Scales or vice versa; and
(iii) that the judgment did not vest any right of substantive promotions without any order of re-designation as Trained Graduate Teachers (TGTs).
[3] After hearing counsel for the applicant-petitioner / U.T., Administration, we find no clarification of the orders are required for the reasons as follows:-
(i) that the Court has decided that the withdrawal of the Circular dated 08.02.1989 vide subsequent Circular dated 08.05.2006 was illegal qua the respondents, who had already been extended the benefit under the Circular dated 08.02.1989 qua re-designation as TGTs.
(ii) The issue with regard to entitlement of a pay scale based on an option to select Punjab Scale or Central Government Pay Scale was never the issue raised or adjudicated upon, as the same shall be governed by options given in writing only.
(iii) The question of promotion to a particular post was also not the issue raised or adjudicated 3 of 4 ::: Downloaded on - 02-03-2020 02:12:34 ::: RA-CW No. 348 of 2019 (O&M) in -4- CWP No. 18581-CAT of 2008 and "05" Connected Cases upon. It is well accepted that a claim for promotion to a post has to be founded upon the relevant Recruitment Rules and not merely by re-designation, subject, of course, to the principles of delay and laches, as also law of limitation.
[4] In view of above, present Review Applications are hereby disposed of.
Since the main Review Applications have been decided, no orders are required to be passed in the pending miscellaneous application(s) and the same also stand(s) disposed of.
( JASWANT SINGH ) ( SURINDER GUPTA )
JUDGE JUDGE
February 07, 2020
'dk kamra'
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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