Conditional promotions may be revoked under established rules, affirming the authority to rectify procedural errors in service appointments.

ORDER

Per: HON’BLE MRS. ANJALI BHAWRA, MEMBER (A):

1. This O.A has been filed under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:

“(a) Impugned orders dated 28.08.2025 passed by the respondent no.4 vide which petitioner has been reverted from the post of Sub Inspector (Enforcement) to the post of Clerk (Under Common Cadre) may kindly be quashed.

(b) To quash the office order dated 29.08.2025 vide which pay of the applicant has been re-fixed as Clerk (Common Cadre).

(c) The respondents may kindly be directed to continue the petitioner working on the post of Sub Inspector Enforcement during the pendency of the present OA.

(d) The respondents also be directed not to change the Cadre of the petitioner after reversion during the pendency of the present OA.

(e) During the pendency of the present OA operation of the impugned order dated 28.08.2025 (Annexure A/10 to A/12) and order dated 29.08.2025 (Annexure A/13) may kindly be stayed.”

2. The brief facts of the case as submitted by the applicant are as follows:

I. The applicant was appointed to the post of Chowkidar (against OBC category) in the Estate Office, UT Chandigarh vide appointment letter dated 14.03.2011 (Annexure A/1) and in pursuant to the appointment letter, applicant joined his duty on 22.03.2011 vide joining report dated 22.03.2011 (Annexure A/2). On the direction of respondent No.4, the applicant successfully cleared the typing test held on 04.08.2016 for promotion to the post of Clerk, and in this regard office order dated 26.09.2016 (Annexure A/3) was issued by respondent No.4 and thereafter the applicant being fully eligible and after gaining requisite experience, the applicant vide office order dated applicant 22.11.2016 (Annexure A/4) was promoted to the post of Clerk under the provisions of Rules as applicable. The applicant successfully completed the probation period of 2 years vide office order dated 30.12.2018 (Annexure A/5) was issued by the respondent No.4. Thereafter, the applicant was placed to the post of Junior Assistant vide office order dated 13.05.2022 (Annexure A/6). Further, in Departmental Promotion Committee held on 24.07.2024 and vide office order dated 23.08.2024 (Annexure A/7), the applicant was promoted to the post of Sub Inspector (Enf.) and since then the applicant was working as Sub Inspector (Enf.) with the respondent No.4 without any complaint or enquiry.

II. It is submitted by the applicant that the service of the applicant was governed by 2013 Rules and the same came in force on 06.06.2013 (Annexure A/8). Thereafter, vide notification dated 29.05.2015 (Annexure A/9), new Rule came in force. As per settled law, if any Rule which came in force is to be applicable prospectively and not retrospectively and as such the service of the applicant was governed by 2013 Rules, which were in existence prior to 2015 Rules. The applicant was working as Sub-Inspector (Enf.) since 23.08.2024, however, vide office orders dated 28.08.2025, the applicant has been reverted from the post of Sub Inspector (Enf.) to the post of Clerk (Common Cadre), which is totally wrong and illegal, arbitrary and against the principles of natural justice (Annexure A/10 to A/12).

III. Vide office order dated 29.08.2025 (Annexure A/13), the promotion of the applicant to the post of Clerk in pay scale of Rs.10300-34800+3200/- GP has been ordered in accordance with the Chandigarh Administration (Group- C) Common Cadre, Recruitment Rules, 2015 instead of the Estate Office Chandigarh Administration Services (Group-C) Recruitment Rules, 2013, notified vide notification dated 06.06.2013, and despite the availability of 10 posts of Senior Assistant and Sub-Inspector in the Estate Office,