IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Reserved on: 24.01.2025 Pronounced on: 10.02.2025 UNION TERRITORY AND OTHERS .....Petitioners Versus CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Argued by: Mr. Amit Jhanji, Sr. Advocate (Senior Standing Counsel), U.T., Chandigarh with Ms. Madhu Dayal, Advocate for the petitioner – non-applicant.

Mr. Arjun Pratap Atma Ram, Advocate for the applicant-respondent No. 3.

****

SURESHWAR THAKUR , J .

1. Through the instant writ petition, the petitioners herein- Union Territory, Chandigarh, prays for the setting aside of the order dated 24.11.2020 (Annexure P-1), wherebys, the learned Central Administrative Tribunal (hereinafter for short called as the CAT), Chandigarh Bench, has quashed letter dated 16.09.2017 and has directed the petitioners to consider the case of the applicant-respondent No. 3, thus for promotion from the post of DSP to that of SP, against the existing vacancy of Deputy Commandant IRB and if found fit to provide all consequential benefits of arrears of pay and allowances and seniority within a period of two months from the date of receipt of a certified copy of the said order.

Factual Background

2. Respondent No. 3 initially joined Union Territory Chandigarh Police as ASI on 16.03.1991. He was promoted as officiating Sub Inspector on 11.06.1996 and vide order dated 29.10.1998, he became further promoted as Inspector on Adhoc basis. Further, in pursuance to the directions passed by this Court on 10.12.2015, upon, CWP-20706-2011 titled as Kehar Singh Versus U.T., Administration and Others, respondent No. 3 was promoted as Deputy Superintendent of Police on regular basis vide order dated 04.01.2016. The said promotion was granted notionally w.e.f. 22.02.2011, but subject to the conditions mentioned in the order dated 04.01.2016, including the outcome of the seniority issue pending for determination in CWP No. 2802 of 2013 and CWP No. 24976 of 2012.

3. Respondent No. 3 was further brought on List 'G' and was promoted to the rank of DSP w.e.f. 01.06.2009 vide order No. CC/06- HIII(1)-2019/2521 dated 19.02.2020, as, became issued by the Chandigarh Administration.

4. It is apt to mention here that there is a provision in the State of Punjab, for promotion from the post of DSP, to that, of the Superintendent of Police (SP), but in Chandigarh Police, there are only four sanctioned posts of SPs meant only for the IPS Officers. There is no sanctioned post of SP for non IPS officers in Chandigarh Police. The Chandigarh Administration in terms of Article 309 of the Constitution of India has framed a uniform policy dated 31.07.2015 with regard to giving ORP (Own Rank Promotion) vis-a-vis the rank of Superintendent of Police, thus to the DSPs of Chandigarh police, who are non IPS. As per the said policy, the eligibility for ORP rank of Superintendent of Police, is that, those non IPS DSPs, who are otherwise fit for promotion and have completed 12 years of service as DSP, will be granted Own Rank Promotion and will be re-designated as SP in their own way. For the remaining posts, Chandigarh Administration has not framed any separate rule, thus governing the Chandigarh Police, and, pursuant to the notification dated 13.01.1992, the Chandigarh Administration is following the provisions of Punjab Police Service Rules, 1959 (hereinafter for short called as the PPR, 1959).

5. The Government of Punjab amended the PPR, 1959 on 26.12.2006, and held that promotion to the rank of SP shall be made from the rank of DSP (both promoted from the rank of Inspector and also directly recruited), yet with the supra having six years continuous service in the rank of DSP (substantive), thus, on the basis of merit- cum-seniority subject to the availability of the sanctioned posts of SP rather by the Finance Department from time to time.

6. The said amendment made by the Government of