This judgment considers whether old Group-C recruitment rules apply to a post upgraded to Group-B. The court held that the old rules became redundant upon upgrade and allowed the Tribunal's view that Punjab rules apply until new rules are notified.
The civil writ petition was dismissed, upholding the Tribunal's direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.6368 of 2013(O&M) Date of Decision : April 03, 2013
Union Territory, Chandigarh and others versus
.....Petitioners
Shri Arun Kumar and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Ms.Alka Chatrath, Advocate, for the petitioners.
-.-
Surya Kant, J. (Oral)
The question that arose for consideration before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, was whether the Industrial Training Institute, Chandigarh (Group-C Posts) Recruitment Rules-1999 were still applicable to regulate promotion to the post of Group Instructor which was admittedly upgraded from Group-C to Group-B vide notification dated 31.7.2007?
The facts are not in dispute. First respondent joined the petitioner-Administration as an Instructor in the Industrial Training Institute. He challenged an advertisement dated 12.9.2007 issued for direct recruitment to the post of Group Instructor and sought a direction for his promotion to the said post. It is also not in dispute that earlier recruitment to the post of Group Instructor was governed by the Rules known as Industrial Training Institute, Chandigarh (Group-C
[2]
CWP No.6368 of 2013(O&M)
Posts) Recruitment Rules-1999 (hereinafter referred to as 'the 1999 Rules') when the aforesaid post was classified as Group-C. However, vide notification dated 31.7.2007, the subject post was upgraded to Group-B on Punjab pattern but no corresponding amendment in the statutory rules was carried out nor new set of rules was framed. However, there is a circular dated 9.1.2009 issued by the Home Secretary, Chandigarh Administration, Chandigarh, regarding the posts of Superintendent Grade-I and Grade-II, wherein it is stated that until new rules are notified, the old rules shall continue to apply. We are surprised as to how the aforesaid circular can be applied in respect of recruitment to the post of Group Instructor.
Be that as it may, the Tribunal, following the decision of the Hon'ble Supreme Court in U.T. Chandigarh and others versus Rajesh Kumar Basandhi and another, 2004 (1) SCT 680 has observed that the Punjab Industrial Training Institute (Group-B) Technical Service Rules, 2006 will be the binding guidelines to govern recruitment to the upgraded post of Group Instructor and since there is no direct quota for recruitment to the post of Group Instructor in Punjab, the first respondent has a preferential claim of consideration for promotion to the said post.
The petitioner-Administration, on the other hand, insists that recruitment to the post of Group Instructor shall continue to be regulated on the basis of Group-C 1999 Rules.
In our considered view, Group-C 1999 Rules were applicable till the post of Group Instructor was a Group-C post. Once the post has been upgraded and classified as Group-B post, the 1999 Rules have become redundant and are
CWP No.6368 of 2013(O&M) [3]
inapplicable. Since the Administration has not promulgated new set of rules and the post of Group Instructor has been upgraded by following the Punjab Government rules, the view taken by the Tribunal is one of the plausible views and calls for no interference.
Dismissed.
(SURYA KANT) JUDGE $ April 03, 2013 (R.P.NAGRATH) Mohinder JUDGE
2 issues framed by the court
Whether the Group-C Recruitment Rules-1999 remain applicable to regulate promotion to a post upgraded to Group-B?
Whether the Industrial Training Institute (Group-B) Technical Service Rules, 2006 govern recruitment after the post upgrade given a lack of specific new rules?
Colour shows how this judgement treated each authority
U.T. Chandigarh and others versus Rajesh Kumar Basandhi and anotherReferred¶19
U.T. Chandigarh and others versus Rajesh Kumar Basandhi and another, 2004 (1) SCT 680
Union Territory, Chandighar and others
Shri Arun Kumar and others
Surya Kant
R.P. Nagrath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
