Vikash Sharma vs Govt. Medical College, Chandigarh
- Court
- Central Administrative Tribunal
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.1336/2021
PRONOUNCED ON: 03.09.2026
RESERVED ON: 13.08.2026
CORAM:
HON’BLE MR. RAMESH SINGH THAKUR, MEMBER (J)
HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Vikash Sharma S/o Kumar, Sh. Rajinder Kumar working as Junior
Assistant, Govt. Medical College and Hospital, Sector-32, Chandigarh
R/O House No. 1052/A, Sector-20B, Chandigarh-160020.
2. Suman Kumari W/O Sh. Narendra Datt, working as Junior Assistant,
Govt. Medical College and Hospital, Sector-32, Chandigarh R/0 House
No. 437, Block-A, Sector-6, New Chandigarh, Mohali Punjab-140901.
3. Rajni Kapila S/O Sh. Naresh Kumar, working as Junior Assistant,
Govt. Medical College and Hospital, Sector-32, Chandigarh, R/o House
No. 243, Sector-14 West, Chandigarh-160017
4. Poonam W/o Sh. Prashad, working Ram as Junior Assistant, Govt.
Medical College and Hospital, Sector-32, Chandigarh , R/O House No.
770, Sector-25 Panchkula Haryana-134116.
5. Sikander Jehangiri D/O Sh. Shafi Mohammad, working as Junior
Assistant, Govt. Medical College and Hospital, Sector-32, Chandigarh,
VPO Manauli, Tehsil and District Mohali Punjab 140306.
6. Ajay Kumar S/O Mohinder Singh, working as Clerk, Govt. Medical
College and Hospital, Sector-32, Chandigarh, House No. 3415/2,
Sector-32-D, Chandigarh-160030.
7. Bikramjit Singh S/O Hoshiar Singh, working as Clerk, Govt. Medical
College and Hospital, Sector-32, Chandigarh, House No. 342, Sector-
15A, Chandigarh-160015.
8. Vandana W/O Sh. Rajesh Kumar, working as Clerk, Govt. Medical
College and Hospital, Sector-32, Chandigarh, House No. 997, Housing
Board Colony, Dhanas, Chandigarh-160014.
9. Ajay Dewan S/O Sh. Parshotam Dewan, working as Clerk, Govt.
Medical College and Hospital, Sector-32, Chandigarh R/O House No.
1039, Saini Vihar, Phase-3, Baltana, District Mohali Punjab 140604.
10. Yogesh Chander S/O Late Sh. Sat Pal, working as Clerk, Health
Department R/O House No. 159, Sector-15, Panchkula Haryana-
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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2
134109.
11. Neelam Kumari W/O Sh. Rajesh Kumar, working as Junior
Assistant, DGP/Office (Chandigarh Police) R/O House No. 2296/A,
Sector-27A, Chandigarh-160027.
12. Amar Jeet S/O Sh. Sarwan Singh, working as Junior Assistant, O/o
Assistant Controller (F&A) Rents, Chandigarh Administration, Sector-9,
Chandigarh R/O House No. 400-B, Sector-43, Chandigarh-160040.
13. Bhag Chand S/O Sh. Nand Lal, working as Clerk, Deputy
Commissioner Office, Chandigarh presently posted at PGGC-11,
Chandigarh R/O House No. 481, Near Pandit Dharamshala, Village
Kajheri, Sector-52, Chandigarh-160051.
14. Sanjeev Sharma S/O Sh. Brij Bhushan, working as Junior
Assistant, Chandigarh Transport Undertaking R/O House No. 2667,
Ward No. 11, Near Jain Mandir, Kharar, District Mohali Punjab.
15. Harjit Singh S/O Sh. Baldev Singh, working as Clerk, Chandigarh
Transport Undertaking R/O House No. 2371, Sector-20-C, Chandigarh.
16. Satinder Singh S/O Sh. Prem Singh, working as Junior Assistant,
Chandigarh Transport Undertaking R/O House No. 5/12, Water Works
Colony, Sector-26, Chandigarh-160026.
17. Aslam S/O Sh. Bashir, working as Junior Assistant, Education
Department, Present Office: Govt. Model Senior Secondary School,
Sector-37B, Chandigarh R/O House No. 1484, Mori Gate, Manimajra,
Chandigarh-160101.
18. Gurvinder Singh S/O Ranjit Singh, working as Clerk, Public
Relations Department, Ground Floor, UT Secretariat, Sector-9D,
Chandigarh R/O Village Singhpura, Near Zirakpur, District Mohali
Punjab.
19. Jitender Kumar S/O Late Sh. Gulzar Chand, working as Junior
Assistant, Estate Office, UT, Chandigarh, R/O VPO Ghel Kalan, Tehsil
and District Ambala, Haryana-133001.
20. Sundeep Joon S/O Sh. Ashok Kumar, working as Junior Assistant,
Govt. Home Science College, Sector-10, Chandigarh R/O House No.
3572, Sector-35-D, Chandigarh.
21. Dalip Gupta S/O Late Sh. Ravi Parkash Gupta, working as Clerk,
Chandigarh Transport Undertaking, R/O House No. 2158/2, Sector-
45/C, Chandigarh.
22. Harvinder Pal Singh S/O Late Sh. Paramjit Singh, working as Junior
Assistant, Chandigarh Transport Undertaking R/O House No. 2193,
Sector-27C, Chandigarh.
23. Satwinder Kaur, Aged 42 years, D/o Late Sh. Balbir Singh, Clerk,
Govt. Medical College Hospital, Sector-32, Chandigarh, R/o House No.
3142/A, Sector-48D, Chandigarh-160048.
All working as Group 'C'
…. Applicants
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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(By Advocate: Sh. R.K. Sharma, Sr. Adv. With Sh. Abhimanyu, Adv.).
Versus
1. Union Territory, Chandigarh through Advisor to Administrator,
Sector-9, Chandigarh-160009.
2. Special Secretary, Department of Personnel, Chandigarh
Administration, Sector 9, Chandigarh-160009
3. Sh. Rajbir Singh son of Sh. Chandan Singh, age 51 years, working
as Clerk, Estate Office, Sector 17, Chandigarh-160017.
4.Sh. Vijay Singh son of Sh. Balam Singh, age 25 years, working as
Clerk in the office of CTU, Director Transport, Industrial Area, Phase-I,
Chandigarh-160002.
5. Ms. Aashna Guglani D/O Sh. Naresh Kumar Guglani, age 27 years,
working as Clerk, Estate Office, Sector 17, Chandigarh-160017.
6. Ms. Noopur Gulati D/O Sh. Vinod Gulati, age 29 years, working as
Clerk in the office of Chief Engineer, Engineering Department,
Chandigarh-160009.
7.Sh. Sukhvir Mittal son of Sh. Ramesh Kumar Mittal, age 30 years,
working as Clerk in the office of CTU, Director Transport, Industrial
Area, Phase-I, Chandigarh-160002.
8.Sh. Prashant Bist son of Sh. Lakhan Singh, age 30 years, working as
Clerk, GMCH, Sector 32, Chandigarh-160030.
9.Sh. Shubham Rawat son of Sh. Kuldeep Singh Rawat, age 27 years,
working as Clerk in the office of Director Higher Education, Sector 9,
Chandigarh-160009.
10 Sh. Sandeep Singh son of Sh. Pritam Singh, age 41 years, working
as Clerk in the office of Director Higher Education, Sector 9,
Chandigarh-160009.
11. Sh. Hemant Kaushik son of Sh. Inder Singh Kaushik, age 30 years,
as working G.M.C.H., Sector 36-D, Chandigarh. Clerk,
12. Sh. Amritpal Singh son of Sh. Karamjit Singh, aged 29 years,
working as Clerk in GMSSS, Kaimbwala, UT, Chandigarh.
13. Sh. Sohan Singh, Aged 36 years, S/o Sh. Chandan Singh, working
as Clerk
14. Sh. Amit, aged 37 years, S/o Sh. Bishan Dass, working as Clerk
15. Sh. Mandeep, Aged 35 years, S/o Sh. Kamal Singh, working as
Clerk
16. Sh. Shyam Lal, Aged 38 years, S/o Sh. Mewa Ram, working as
Clerk
17. Sh. Sunil Kumar, Aged 33 years, S/o Sh. Ram Kumar, working as
Clerk
18. Sh. Anirudh Thakur, Aged 29 years, S/o Sh. Rajinder Singh Thakur,
working as Clerk
19. Sh. Rahul, Aged 29 years, Sh. Bijender, working as Clerk
20. Sh. Sandeep, Aged 27 years, Sh. Ajit Singh, working as Clerk
21. Ms. Vasudha Pawar, Aged 31 years, D/o Sh. Sethpal, working as
Clerk
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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22. Sh. Ankush Prasher, Aged 30 years, S/o Sh. Sahib Dial, working as
Clerk
23. Sh. Himanshu Chhikara, Aged 30 years, S/o Sh. Ranvir Singh,
working as Clerk
24. Sh. Amit Kumar, Aged 31 years, S/o Sh. Jai Bhagwan, working as
Clerk
25. Sh. Avinash Kumar, Aged 30 years, S/o Sh. Hira Lal, working as
Clerk
26. Sh. Ramesh, Aged 31 years, S/o Sh. Rattan Singh, working as
Clerk
27. Sh. Sohan Singh, Aged 31 years, s/o Sh. Gopal Singh, working as
Clerk
28. Ms. Noopur Gulati, Aged 30 years, D/o Sh. Vinod Gulati, working
as Clerk
29. Sh. Lakhwinder Singh, Aged 27 years, S/o Sh. Gurmeet Singh,
working as Clerk
30. Sh. Harish Kumar, Aged 29 years, S/o Sh. Varinder Partap, working
as Clerk
31. Sh. Prashant Kumar, Aged 30 years, s/o Sh. Prabhat Kumar Sinha,
working as Clerk
32. Ms. Kanika, Aged 30 years, D/o Sh. Jagdip Rai, working as Clerk
33. Sh. Bijender Singh, Aged 31 years, S/o Sh. Dashrath Singh,
working as Clerk
34. Sh. Vinod, Aged 29 years, S/o Sh. Ram Bhagat, working as Clerk
35. Sh. Sunil, Aged 27 years, S/o Sh. Satyawan, working as Clerk
36. Sh. Vikas, Aged 28 years, Sh. Devender Singh, working as Clerk
Respondent No. 13 to 36 are working under Special Secretary,
Department of Personnel, Chandigarh Administration, Sector 9,
Chandigarh-160009 (Respondent No. 2)
…. Respondents
(By Advocate: Sh. Vinay Gupta along with Sh. V.K. Aryana for R.1 and
2, Sh. Gaurav Chopra, Sr. Advocate along with Sh. Vardaan Seth and
Rishav Sharma, Advocates for R. 4-9, 11-18, 20-24, 32, 35 and 36,
Respondents No.3, 10, 19, 25, 30, 31, 33 and 34-Ex parte vide order
dated 29.01.2025).
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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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:-
i) Quash Memo No. RR (185)-IH (9) -2021/1 2021/13511
dated 23.09.2021 issued by Respondent No.1 (Annexure A-
1), whereby letter No.PR(185)-IH (9)-2020/9698 dated
16.09.2020 and No.PR (185)-IH (9)-2020/13386 dated
14.12.2020 vide which options were invited from the
Clerks/Junior Assistants (who were not appointed under
Common Cadre) as to whether they were willing to opt
Common Cadre for further promotion, has been withdrawn.
ii) Quash action and process initiated by the respondents vide
circular dated 24.09.2021 (Annexure A-2), for preparing a
separate seniority list of Clerks recruited under Common
Cadre Rules and to prefer them for promotion as Senior
Assistant ignoring the seniority of incumbents of the cadre of
Clerks/ Junior Assistant, who of were recruited otherwise
then under the Common Cadre Rules.
iii) Issue directions to the respondents to prepare a common
seniority list of cadre of Clerks/Junior Assistant irrespective of
source of recruitment and consider the incumbents of the
posts of Clerks/ Junior Assistant recruited prior cadre
common Rule including the applicants for promotion as
Senior Assistant as per Common Cadre Rules known as
Chandigarh Administration, Group 'B' (Ministerial)
(Superintendent Grade-II and Senior Assistant) Common
Recruitment Rules, 2019 notified on 23.09.2019, as proposed
by the respondents vide No. RR (185)-IH (9)/2020/13386
dated 14.12.2020 by protecting interest of the existing
employees.
2. Briefly stated facts of the case are as follows. At the time of
reorganization of Punjab, power were given to the
Administrator U.T. Chandigarh vide notification No.3267 of
01.11.1966 issued by Government of India to frame
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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Recruitment Rules for Class II and III and IV with description
of posts of U.T. Chandigarh as Central Civil Services. However,
power to frame Recruitment Rules for Class-I was retained by
the Government of India.
3. Subsequently, another notification was issued on 13.01.1992
and notified on 06.02.1992, making the conditions of service
for employees of U.T. Chandigarh the same as those for the
Prior to 2015, there was no
employees of the State of Punjab.
common cadre existing in the Chandigarh Administration;
each department had its own rules, or where no specific
rules existed, Punjab rules were followed . In 2015, the
Administration decided to establish a common cadre for
ministerial posts so that employees would be interchangeable
and could be posted from one department to another.
Accordingly, the Chandigarh Administration notified
recruitment rules known as the Chandigarh Administration,
Group 'C' (Clerk and Steno-Typist) (Common Cadre)
Recruitment Rules, 2015 vide notification dated 29.05.2015
wherein in clause 8 RRs notified by various departments were
repealed.
4. The next channel of promotion from the post of Clerk/Junior
Assistant is to the post of Senior Assistant . For this, the
Chandigarh Administration framed recruitment rules known as
the Chandigarh Administration, Group 'B' (Ministerial)
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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(Superintendent Grade-II and Senior Assistant) Common
Recruitment Rules, 2019, notified vide notification dated
23.09.2019 (Annexure A-5). These rules clubbed all vacancies
for Senior Assistants across all departments of U.T.
Chandigarh, superseded all individual departmental
recruitment rules, and specifically stated under Note I that
the rules apply to all employees whether appointed under
the common cadre or otherwise. According to these rules, a
Clerk with 5 years of service is eligible for promotion to the
post of Senior Assistant . The Chandigarh Administration
initiated the process to fill one post of Senior Assistant (Group-
B) in the Industries Department, U.T., Chandigarh.
Accordingly, options were invited from willing Clerks/Junior
Assistants (who were not appointed under the Common Cadre)
subject to the conditions laid down in circular dated
16.09.2020 (Annexure A-6). Subsequently, another circular
dated 14.12.2020 (Annexure A-7) was issued by the
Chandigarh Administration for filling up 09 posts of Senior
Assistants in various departments of U.T., Chandigarh. All the
applicants, having been appointed prior to the promulgation of
the Common Cadre Rules of 2015 for Clerks and the Rules of
2019 for Senior Assistants, and being fully eligible, submitted
their respective options.
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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8
5. O.A. No. 60/9/2021, titled Rajbir Singh and others v.
Chandigarh Administration, was filed by private respondents
No. 3 to 12 challenging the Recruitment Rules notified by the
competent authority on 23.09.2019. Under these rules, the
cadres of Senior Assistant and Superintendent Grade-II were
converted into a Common Cadre by clubbing all vacancies
across all departments of the Chandigarh Administration,
superseding the existing individual departmental recruitment
rules. The applicants in the aforesaid O.A. also challenged the
circulars dated 16.09.2020 and 14.12.2020, through which the
competent authority initiated the process for filling up the
posts of Senior Assistant (Group 'B') under the common cadre
called for options from those not appointed under common
cadre to opt for common cadre.
6. Prior to these common cadre rules of 2019, each department
of the Chandigarh Administration had its own separate
recruitment rules governing the post of Senior Assistant, which
was a Group 'C' post. However, upon the promulgation of the
common cadre recruitment rules, the post of Senior Assistant
was upgraded to Group 'B'. Furthermore, not only the posts of
Senior Assistant and Superintendent Grade-II, but also the
posts of Clerks and Steno-Typists were brought under the
common cadre via the Recruitment Rules of 2015 (Annexure
A-4). In pursuance thereof, even Group 'D' employees
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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appointed much prior to the promulgation of the 2015 Rules
(Annexure A-4) were promoted as Clerks against their 15%
quota (as per column 10 of schedule to 2015 RRs) earmarked
in the common cadre. On the same pattern, Steno-Typists
recruited prior to the common cadre rules were likewise
promoted as Junior Scale Stenographers under the 2015 rules.
7. In pursuance of the common cadre rules, the competent
authority initiated the process for making recruitment to the
post of Senior Assistant by calling for applications/options from
Clerks and Junior Assistants who had been appointed
otherwise than under the common cadre, vide circulars dated
16.09.2020 and 14.12.2020. This was done for the simple
reason that the said rules are applicable to all employees—
whether appointed under the common cadre rules or otherwise
and all sanctioned posts throughout U.T. Chandigarh within
this cadre have been made part of the common cadre.
Consequently, the individual department's recruitment rules
for Senior Assistants stand superseded.
8. By virtue of the application of these recruitment rules, all
existing incumbents of the respective cadres covered under the
common cadre rules became members of the common cadre
and were to be included in the consolidated seniority list
according to their length of service, in terms of the rules for
fixation of seniority provided under the Punjab Civil Services
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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(General and Common Conditions of Service) Rules, 1994.
Nonetheless, the applicants voluntarily exercised their options
to be considered against the available vacancies in the
common cadre for promotion to the post of Senior Assistants.
9. The applications of the applicants were forwarded by their
respective departments where they were initially recruited, and
their vigilance clearance was obtained. An eligibility list for
promotion was under active process when the incumbents in
O.A. No. 60/9/2021 who are much junior to the
applicants according to their length of service filed an
O.A . During the pendency of the said O.A., they also moved
Misc. Application No. 060/994/2021 seeking an interim order
against the promotions of persons like the applicants. As a
result of the aforementioned O.A. and M.A., the process of
considering the claims of the applicants and others entitled to
promotion was stalled, and the Chandigarh Administration
withdrew the circular dated 14.12.2020 vide memo
dated 23.09.2021. Not only this, but the finalization of an
exclusive seniority list pertaining to the applicants in the
aforesaid O.A. No. 060/9/2021 is also underway in terms of
the circular dated 24.09.2021, for which objections were
invited and duly filed by the applicants. Other applicants have
similarly filed objections to the tentative seniority list circulated
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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vide circular dated 24.09.2021 and undertake to produce the
same as and when directed by this Hon'ble Court.
10. In view of the pendency of the aforesaid O.A. No.
060/9/2021 and M.A., a stage had come where the claim of
the applicants was frustrated by the Chandigarh
Administration, and consideration was restricted solely to
Clerks recruited under the common cadre rules of 2015 and
the private respondents in the present O.A . Subsequently, on
the basis of a statement made by the learned counsel for U.T.,
Chandigarh, O.A. No. 60/9/2021 was dismissed as infructuous
vide order dated 20.10.2021. The applicants had also filed
Misc. Application No. 2231/2021 in the aforesaid O.A. No.
060/9/2021 seeking impleadment, which was likewise disposed
of as infructuous.
11. The applicants are direct recruits of 1993 to 2014 in the
cadre of Clerks much prior to the joining of the private
respondents and are thus far senior to the private
respondents, who joined between 2016 and 2018. Having
become members of the common cadre, the applicants form
part of the feeder cadre for Senior Assistants. It is relevant to
note that because U.T., Chandigarh is a small administration
and a decision was taken by the competent authority to
facilitate inter-departmental transfers, these common cadres
were created.
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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12. By not preparing a common seniority list of all the Clerk/
Junior Assistants of all the departments including those who
were recruited under the common Cadre Rules, an anomalous
position is being created on various grounds including the
following:-
i. When all the incumbents have been made transferable
from one department to another the very concept of separate
seniority list is insignificant.
ii. By not preparing common seniority list, persons who were
recruited under the Common Cadre Rules in the year 2015 to
2018, will be switching march over the incumbents who were
recruited otherwise than the Common Cadre Rules much
earlier to 2015.
iii. There cannot be two seniority lists in one cadre. By
preparing separate list and preferring the Common cadre
recruit Clerks promoting as Senior Assistant ahead of existing
senior incumbents will amount to supersession of the seniors
as the juniors after promotion as Senior Assistant will be
posted irrespective the department and will even occupy such
higher position in any department where senior persons will
be working under them and under Common Cadre Rules. The
incumbents who were Group D' employees and have already
been promoted as Clerks, now they will be promoted as
Senior Assistant and can be posted over the persons under
whom they were working as Group 'D'.
iv. In service prudence there cannot be two parallel cadres,
cannot be two seniority lists in the same cadre. The cadre
has to be only one and their promotion avenues have to be
common. Senior cannot be ignored from consideration while
junior is being considered. In case the applicants are not
considered for promotion in view of order dated 23.09.2021,
they are likely to suffer a irreparable loss and injury and their
junior will switch over them.
v. Private respondents No.3 to 12 cannot claim relief under
these very rules which they have already challenged.
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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13. According to applicant, in pursuance of the seniority list
dated 9.11.2021, , Respondent No. 2 has called for the Annual
Confidential Reports (ACRs) of the senior-most Clerks recruited
under the common cadre rules for filling vacancies across 20
departments of the Chandigarh Administration. Applicants
have been recruited under 2015 in separate departments as
clerks. As per the common cadre rules, the cadre of Clerks
serves as the feeder cadre for the promotion of Senior
Assistants and Superintendents . Since individual
departmental vacancies have been pooled and merged into a
common cadre, employees can no longer be promoted through
separate, individual lines of promotion; instead, they must be
considered within the common cadre. Consequently, it is
imperative to maintain a single, unified seniority list
encompassing those recruited or promoted prior to 2001,
those whose posts were absorbed into the common cadre, and
those recruited up to 2020, so that their inter se seniority can
be fairly determined based on their date of recruitment and
length of service.
14. Respondents No.1 and 2 have filed reply on 04.07.2026
submitting that all sanctioned posts across the various
departments have not automatically become part of the
common cadre and reliance must be placed on Note 2 of the
Recruitment Rules , which clarifies that the rights of the
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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Date: 2026.09.03 16:26:59+05'30'
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incumbents regarding promotion, seniority, etc., within their
respective parent cadres/departments have been explicitly
saved. The applicants have misconstrued and misinterpreted
the Recruitment Rules. There is no provision in the rules to
support or validate the stance of the applicants that they have
automatically become part of the common cadre.
Consequently, they have no legal right to claim a consolidated
seniority list. It is further submitted that the respondents have
not acted adversely to intentionally stall the overall selection
process or delay the release of seniority lists. There is no law
or legal backing supporting the notion that the applicants have
automatically become part of the common cadre. Therefore, as
they do not belong to the same category or cadre as the direct
recruits under the Common Cadre Recruitment Rules, they are
evidently not similarly placed and cannot claim the benefit of a
common seniority list. The applicants are at liberty to apply for
promotion within their respective parent departments through
proper channels. They will not suffer any irreparable loss or
injury, as their promotional avenues are not denied; their right
to promotion remains fully intact. Thus, no legal right of the
applicants has been infringed, and there exists no cause of
action for filing the present O.A.
15. According to respondents, as established, the applicants
have not been absorbed into the Common Cadre. Having
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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distinct service cadres, they cannot lawfully claim a joint or
common seniority list. Merging seniority across disparate
cadres would not only prejudice the rights of Common Cadre
and departmental employees alike, but would also generate
unnecessary litigation . Because the applicants' rights
concerning promotion and seniority are fully protected within
their respective departmental frameworks, their seniority lists
must continue to be maintained separately by their respective
departments
16. According to respondents at the time of notifying of said
Recruitment Rules there were 253 posts of Clerks and 48 of
Steno-Typists lying vacant in various Departments of
Chandigarh Administration which were initial part of the
The said Recruitment Rules
established Common Cadre.
further provides that the initial 253 and 48 posts of Clerks
and Steno-Typists respectively were subject to variation
meaning thereby as and when the already existing Clerks &
Steno-Typists of all the Department of Chandigarh
Administration is vacated the said post due to any reason
(i.e. promotion, resignation, retirement, demise etc.) in their
respective Departments only then the vacant posts will come
to this Department for filling up the same under said
Recruitment Rules and after filling up the same it will
become the part of Common Cadre.
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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Date: 2026.09.03 16:26:59+05'30'
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17. Private respondents No.4 to 9, 11 to 18, 20 to 24, 32, 35
and 36 have filed a separate written statement on 20.10.2022.
18. Regarding the legal and factual background, these private
respondents have stated that O.A. No. 60/9/2021 ( Rajbir
Singh and others vs. Chandigarh Administration ) was initially
filed before the Tribunal to challenge letters dated 16.09.2020
and 14.12.2020, but was subsequently withdrawn and
disposed of after the official respondents withdrew those
letters calling for options vide memo dated 23.09.2021.
Furthermore, the applicants' contention that the Recruitment
Rules notified on 23.09.2019 created a single "Common Cadre"
for Senior Assistants and Superintendents Grade-II by clubbing
all departmental vacancies is legally and factually incorrect.
Rather than establishing a unified common cadre, the
notification introduced Common Recruitment Rules applicable
to both departmental and common cadre employees. These
rules contain explicit provisions governing promotions for both
categories across different scenarios allowing promotions from
feeding departmental cadres within their respective
departments, or from common cadre employees only where
the departmental feeding cadre is exhausted while Note 2
expressly safeguards the existing rights of departmental cadre
employees regarding seniority and promotion. It is incorrect to
assert that all sanctioned posts were merged into a common
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
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cadre via the Common Recruitment Rules. Furthermore, Note 2
of the said Recruitment Rules explicitly safeguards the
interests of the applicants regarding their promotion, seniority,
and related service matters within their respective parent
departments. Consequently, employees belonging to the
Common Cadre cannot be promoted to a departmental post
where feeding cadre employees such as the applicants are
available. In view of this legal position, the applicants hold no
vested right to be included in a consolidated seniority list of
the Common Cadre. They retain a distinct cadre within their
respective departments, and their seniority must be
maintained separately in accordance with Note 2 of the
Recruitment Rules.
19. The record indicates that vide the impugned letter dated
23.09.2021, the official respondents reconsidered the matter,
resolved to strictly abide by the Recruitment Rules, and
withdrew the earlier letters dated 16.09.2020 and 14.12.2020
with immediate effect. It was expressly clarified that
departmental cadre employees, such as the applicants, shall
be considered for future promotion within their parent
departments pursuant to the existing recruitment rules.
20. We have perused facts and find that repeal of individual RRs
was done by 2015 notification by which common cadre was set
up and thereby entry level recruitment by individual
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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Date: 2026.09.03 16:26:59+05'30'
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departments was stopped. First common cadre entry level
recruitment was made in 2016 and then in 2019 as per
requisition received from various departments and that there
were initially 253 posts of clerk.
21. So as of now there are two channels of promotion one
within the department of those recruited prior to 2016 and
the other is of common cadre of those recruited from 2016
onwards. Therefore, issue is actually of accelerated promotion
in common cadre vs. Regular promotion in one’s own
departmental hierarchy. This is a problem faced by those
recruited prior to 2016 because as after that entry level
recruitment in individual departments stopped and common
cadre recruitment was made. This position is neither equitable
nor justified in view of Note I of 2019 RRs which are to be
applied to both irrespective of source of recruitment. By
shifting posts to common cadre on their vacation, it is
apparent that promotions are being fast tracked there and so
called protection provided under Note 2 in this situation is very
restrictive and creating stagnation in individual departments.
22. We find that the next channel of promotion from posts of
clerk is to Senior Assistant. For this promotion, Chandigarh
Administration has framed RRs known as Chandigarh
Administration, Group 'B' (Ministerial) (Superintendent Grade-
II and Senior Assistant) Common Recruitment Rules, 2019
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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notified vide notification dated 23.09.2019 (Annexure A-5).
Promotional vacancies of Senior Assistant and Superintendent
Gr.II in all the Departments of Chandigarh Administration have
been clubbed by superseding the rules in the individual
departments. So Junior Assistants and Clerks with 5 years of
service are eligible for promotion to the post of Senior
Assistant. These apply to both modes of recruitment as per
Note I of the RRs.
23. In our view, it is necessary to treat all Clerks and Junior
Assistants recruited in individual department and also those in
common cadre on same footing as equity and natural justice
demands employees doing same work must have parity in
eligibility, salary and promotion prospects . We find first two
are on par but third aspect of promotion is not and is causing
discontent. Litigation history reflects that this disparity in
promotion prospects has diluted purpose of creating common
cadre and administrative issue has been complicated.
24. We are of the view that there is a need to balance
administrative requirement with employees legitimate
promotional aspirations. In our view the judicial order needs
to balance equity and natural justice with legitimate
expectations particularly as per circulars dated 16.09.2020
and 14.12.2020 applicants have given their undertakings .
So transfer of vacant posts to common cadre should not be
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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Date: 2026.09.03 16:26:59+05'30'
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made in a routine manner but with due diligence after
departmental feeder cadre has been exhausted. This will
ensure that if there are employees available below in
promotional hierarchy chain in the individual departments who
will become eligible subsequently, they do not suffer. This will
ensure availability of adequate number of promotional posts in
individual departments for consideration of all employees in
timely manner. This will ensure promotion prospects within
the department are improved and brought close to those of
common cadre. A full combined seniority list across all
departments is neither feasible nor administratively practical at
this stage. The contention that there cannot be two seniority
list in one cadre, in our view, this cannot be avoided in the
present circumstances but we are of the view that it will get
resolved in due course automatically.
25. Consequently, for filling promotional vacancies, as now no
isolated vacancies remain within individual department, as
they are shifted to common cadre, calling for options as per
letters dated 16.9.2012 and 14.12.2020, in our view was a
right administrative step, leading to merger of cadres in the
long run. So we are of the view that preparation of common
seniority list by accepting options as per letters dated
16.9.2020 and 14.12.2020 serves the administrative purpose
of common cadre. Hence option given must be revived and
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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common seniority list must be then prepared. For the common
list, pursuant to options sought on 16.9.2020 and 14.12.2020
determining individual seniority, the total length of service
rendered in the cadre must be taken into consideration as per
provisions of 2019 Recruitment Rules. Note I is clear that 2019
Recruitment Rules are applicable to all. But those who did not
opt as per letters dated 16.9.2020 and 14.12.2020 will
continue as per note 2 in their own department and be
promoted as per their eligibility and availability of vacancy in
the department.
26. The argument of private respondents is not sustainable.
They cannot challenge the said rules of 2019(even though OAs
were dismissed) and also seek protection under Note II of said
rules. Note II clearly supplements Note I to the extent
protects their seniority and promotion already availed by those
not recruited under common cadre but cannot be invoked by
private respondents as per their convenience. So note I to be
invoked for preparing common seniority list after considering
options as per letters dated 16.9.2020 and 14.12.2020.
Needless to mention that the persons who opted for common
cadre as per letters dated 16.9.2020 and 14.12.2020 but
were subsequently promoted as per Note II in their
department during the pendency of this O.A. are not covered
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
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under common cadre rules and must be excluded now even if
they had given option earlier.
27. In view of the discussion supra, we find merging seniority
across different departments for preparing single consolidated
common list is administratively not feasible nor practical at this
stage. Option given to employees to opt for common cadre
vide letter dated 16.9.2020 and 14.12.2020 are restored.
Therefore, Annexure A-1 dated 23.9.2021 and A-2 dated
24.09.2021 being seniority list of common cadre clerks are
quashed and set aside. Respondents are directed to prepare
common seniority list as discussed above determining inter se
seniority based on length of service of those recruited under
common cadre and also those recruited in the departmental
cadre but opting to join common cadre as per option given
vide letters dated 16.9.2020 and 14.12.2020. This combined
seniority list is to be considered for further promotion in
common cadre. Action to be taken within a period of three
months from receipt of certified copy of this order.
28. O.A. is allowed. No costs. Pending MA(s), if any, shall also
stand disposed of.
(RASHMI SAXENA SAHNI) ( RAMESH SINGH THAKUR )
MEMBER (A) MEMBER (J)
/kr/
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95
112c485da704d31, PostalCode=134116, STREET=DO
Chandan Singh HOUSE No1262 First Floor Sector19
Panchkula, OID.2.5.4.65=
KAMLA 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724ad
d6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.09.03 16:26:59+05'30'
DEVI