Union Territory Of Chandigarh v. Central Admn. Trib Chd Bench Chd And ANR (Roshan Lals Case)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 103+202 Decided on : 25.08.2025 CWP-2360-2013 (O&M) UNION TERRITORY OF CHANDIGARH . .Petitioners.

Versus

CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH AND ANR (ROSHAN LALS CASE) . . . Respondents CWP-25794-2013 (O&M) UNION TERRITORY OF CHANDIGARH AND OTHERS . .Petitioners

Versus

CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH AND ORS. . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Mr. Pritpal Nijjar, Additional Standing Panel Counsel with Mr. Gaurav Rana, Junior Panel Counsel for the petitioner-UT. Mr.S. S.Pathania, Advcoate for applicant-respondent No. 2, appeared through virtual mode.

**** HARSIMRAN SINGH SETHI , J. (Oral) Present two writ petitions, the details of which are mentioned in the heading, involve common point of law and common set of facts, hence, they are being dealt together.

CM-9904-CWP-2025 1.

By way of present application, respondent No. 2 has sought to place on record certain documents as well as judgment of the co-ordinate Bench of this Court in CWP No. 2509 of 2017, titled as 'Dr. Sanjeev Kumar versus Chandigarh Administration and others', decided on

CWP-2360-2013 (O&M) and connected case -23.05.2015 to contend that the claim of respondent No. 2 now stands covered by the said judgment which judgment had already attained finality upto the Hon'ble Supreme Court of India.

Notice of the application.

Mr. Pritpal Nijjar, Additional Standing Panel Counsel appears and accepts notice on behalf of the petitioner-UT and raises no objection for bringing on record the documents which are sought to be brought on record by the applicant-respondent No. 2.

Keeping in view the averments enumerated in the application, the same stands disposed of. Documents are taken on record. CWP-2360-2013 CWP-25794-2013 1.

In the present petition, the challenge is to the Impugned order dated 18.10.2012 (Annexure P-3) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh, (herein after referred to the Tribunal) by which, the Original Application filed by respondent No. 2 has been allowed by the Tribunal on the ground that the same is perverse. 2.

Learned counsel for the petitioner argues that once, respondent No. 2 was working with Department of Higher Education, Government of Haryana and thereafter, she was appointed on the post of lecturer in psychology in Department of Education, Chandigarh by way of direct recruitment, the benefit of earlier service could not have been granted for all intents and purposes and the grant of said benefit by the Tribunal in favour of respondent No. 2 is without considering the actual facts. 3.

Learned counsel for the petitioner further argues that even in judgment passed in CWP No. 2509 of 2017-Dr. Sanjeev Kumar's Case

CWP-2360-2013 (O&M) and connected case -3- (supra), the benefit of earlier service rendered by the Dr. Sanjeev Kumar was allowed in his favour only for the grant of higher pay-scale under Carrier Advancement Scheme.

4.

Learned counsel for respondent No. 2 submits that the claim of respondent No. 2 is only for the counting the service rendered by the him in State of Haryana for only Carrier Advancement Scheme Purpose and not for any other purpose.

5.

We have heard learned counsel for the parties and have gone through the case file with their able assistance. 6.

Keeping in view the fact that both the parties are agreed that the present petition is covered by the judgment passed inCWP No. 2509 of 2017-Dr. Sanjeev Kumar's Case (supra) , hence, the present petition is disposed of in the same terms and conditions as held in CWP No. 2509 of 2017-Dr. Sanjeev Kumar's Case (supra) qua the grant of benefit of service rendered by respondent in the State of Haryana toward the grant of Assured Carrier Progression Scheme.

7.

Pending civil miscellaneous application, if any, stands disposed of.

A photocopy of this order be placed on the file of connected case.

(HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 25.08.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No