CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH ORIGINAL APPLICATION NO.348/2018 PRONOUNCED ON: 14.05.2025 RESERVED ON: 08.05.2025 CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Amit Sharma son of Meghnath Sharma, aged about 24 years, resident of House No.422, Sector 33A, Chandigarh.

2. Madhur son of Arun Kumar, aged about 27 years, resident of House No.1665, Sector 23B, Chandigarh.

3. Ashish Kaushal sonof Mohan Lal Kaushal, aged about 26 years, resident of House No.226, Housing Board Colony, Sector-19, Panchkula.

4. Ketan Bhandari son of Surinder Singh Bhandari, aged about

22 years, resident of House No.256, Krishna Enclave, Dhakoli, Zirakpur, Punjab.

5. Lokesh Kumar son of Anil Kumar, aged about 25 years, resident of House No.3299, Sector 23D, Chandigarh.

6. Sunil Vimal son of Hari Singh, aged about 31 years, resident of House No.434, Gulmohar City, Badala Road, Sector-115, Kharar.

7. Harminder Singh son of Satpal,a ged about 26 years, resident of House No.4060, Sector 37C, Chandigarh.

8. Subham Rawat son of Kuldeep Singh Rawat, aged about 24 years, resident of House No.6101, Modern Housing Complex, Manimajra, Chandigarh.

9. Prashant Singh Bisht son of Lakhan Singh, aged about 27 years, resident of House No.2152, Sector 42C, Chandigarh.

10. Suruchi Kohli daughter of Jasbir Singh, aged about 25 years, resident of House No.220, Sector-18, Panchkula.

11. Avinash Kumar son of Hira Lal, aged about 26 years, resident of Chanan Dharamshala, Sector-15, Chandigarh.

12. Hemlata daughter of Daya Ram, aged about 27 years, resident of House No.203, Sector-41A, Chandigarh.

13. Yudhbir son of Satbir, aged about 24 years, resident of House No.3299, Sector 23D, Chandigarh.

14. Gaurav son of Tarsem Chand, aged about 23 years, resident of House No.135, Sector-11, Panchkula.

15. Vijay son of Balam Singh, aged about 23 years, resident of House No.2063A, Sector 24C, Chandigarh.

16. Sudhir son of Gyan Singh, aged about 23 years, resident of Village Sarangpur, Chandigarh.

All applicants belong to group C (Clerk & Typist)

… Applicants (By Advocate: Sh. Gaganeshwar Walia).

Versus

1. Union Territory, Chandigarh through its Administrator, U.T.

Secretariat, Sector-9, Chandigarh.

2. Department of Higher Education, Chandigarh Administration, Additional Deluxe Building, Sector-9, Chandigarh through its Secretary.

3. Department of Personnel, Chandigarh Administration, Deluxe Building, Sector-9, Chandigarh, through its Secretary.

4. State of Punjab through its Principal Secretary, Department of Finance, Civil Secretariat, Chandigarh.

….Respondents (By Advocate: Sh. Aseem Rai).

O R D E R

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

a. That this Hon’ble Tribunal may be pleased to quash the Notification dated 15.01.2015 (Annexure P-4) by which the Punjab Civil Services Rules Volume-I, Part-I were amended by insertion of Rule 2.20-A and substitution of Rule 4.1, 4.4 and 4.9 adoption letter dated 10.07.2015 (Annexure P-7) vide which the Chandigarh Administration has adopted the Notification dated 15.01.2015 and has directed that in case of newly recruited employees they shall be paid fixed emoluments i.e. minimum pay scale/salary of the pay band without any grade pay and without any annual increments or any other allowance except travelling allowance during the first two years of probation and also that on confirmation the probation period shall not be countable towards permanent service being ex facie violative of Article 14, 16, 21, 23 and 38 of the Constitution of India by declaring them to be unconstitutional and ultra vires the provisions of the Constitution of India.

b. Further, this Tribunal may be pleased to direct the respondent No.1 to 3 to pay to the petitioners who were appointed as Clerks/Steno-Typists, full salary in the pay band with grade pay, all allowances including DA, increments