CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH ORIGINAL APPLICATION NO.60/553/2020 PRONOUNCED ON: 11.12.2025 RESERVED ON: 18.11.2025 CORAM:

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

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

Parminder Singh, S/o Late Shri Gurdip Singh, aged 37 years, R/o H.No.2218, Sector 20C, Chandigarh, presently working as Work Inspector with Additional Charge of Junior Engineer (Public Health) in the Office of Executive Engineer, Water Supply, Sub-Division No. 11, Division No. 7, Sector 11, Chandigarh-160011 (Group C), Email:

parm_kaka@yahoo.co.in …. Applicant (By Advocate: Sh. Yogesh Puteny, Sr. Advocate along with Sh. Kuber Vilvas). Versus

1. Union of India through Secretary to Govt. of India, Ministry of Home Affairs, North Block, New Delhi - 110001 (Email: hshso@nic.in)

2. Administrator, Union Territory Chandigarh, Chandigarh Administration, U.T. Secretariat, Sector 9, Chandigarh 160009 (Email:

admr-chd@nic.in)

3. Adviser to the Administrator, Union Territory Chandigarh, Chandigarh Administration, U.T. Secretariat, Sector 9, Chandigarh

160009 (Email: adviser-chd@nic.in)

4. Finance Secretary-cum-Secretary Engineering, U.T. Chandigarh, Chandigarh Administration, U.T. Secretariat, Sector 9, Chandigarh

160009 (Email: fs-chd@nic.in)

5. Chief Engineer, Union Territory Chandigarh, Chandigarh Administration, U.T. Secretariat, Sector 9, Chandigarh 160009 (Email:

ce-chd@nic.in)

6. Superintending Engineer, Project Public Health Circle, Union Territory Chandigarh, Chandigarh Administration, U.T. Secretariat, Sector 9, Chandigarh (Email:seph-chd@nic.in) 160009 ….Respondents (By Advocate: Sh. Mukesh Kaushik).

O R D E R

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

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

A) Quash the action of the Respondents in not considering the Applicant for promotion to the post of Junior Engineer (Public Health) viz-a-viz his juniors placed at Serial No. 5 to 11 of the combined Seniority List of Diploma / Degree Holders of Regular Work Charged Employee / Field Staff. It is stated that the names of Shri Narinder Singh, Sh. Gurnam Singh and Sh. Balvinder Singh (Serial No(s). 1, 5 and 10 of the promotion order (Annexure A-7) do not appear in the combined seniority list (Annexure A-1 and A-3), B) Issue declaration to the effect that the action of the Respondents in denying right of consideration and promotion to the Applicant to the post of Junior Engineer (Public Health) is violative of statutory rules framed under proviso to Article 309 of the Constitution of India notified on 25.01.2018 known as The Non- Ministerial Cadre (Junior Engineer, Public Health) on the Office of Superintending Engineer, Public Health Circle, Chandigarh (Group-B posts) Recruitment Rules, 2018, and C) Issue directions to the Respondents to consider and promote the Applicant to the post of Junior Engineer (Public Health) w.e.f. the date the juniors to the Applicant were promoted as such with all consequential benefits including arrears of pay allowances and seniority etc. denial of which is illegal, arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India.

2. Briefly stated facts of the case are as follows. The Applicant qualified as ITI Surveyor during the session 2002-04. Chandigarh Administration advertised on 07.11.2008 various posts of Work Inspector and being eligible, the applicant applied for and was appointed as Work Inspector on probation for a period of two year. The applicant joined the Chandigarh Administration as Work Inspector on 12.11.2008. The applicant successfully completed the probation period on 12.11.2010 and the entry to that effect is recorded in the service record of the applicant, as per Letter No. 14008 dated 12.12.2010 of the Office of Superintending Engineer.

3. While working as Inspector, applicant sought permission from the competent authority for acquiring 4 years