IQBAL SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The instant petition is directed against order dated 28.6.2004, passed by the Deputy Commissioner-cum-Registrar Cooperative Societies, U.T. Chandigarh-respondent No. 2 reverting the petitioner from the post of Inspector Grade-II to that of Peon (A-1). Challenge has also been made to the orders dated 30.9.2005 and 22.8.2007, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal'), dismissing OA No. 630/CH/2004 and Review Application No. 40 of 2004 respectively, filed by the applicant-petitioner. A further prayer has been made for directing respondent Nos. 1 and 2 to treat the petitioner as Inspector Grade-II and grant all the retiral benefits admissible to the said post along with arrears of salary and interest @ 18% per annum from the due date till payment.

(2.) Brief facts of the case are that the petitioner is a Matriculate. He belongs to Scheduled Caste Category. He is also an ex-serviceman. He joined as Peon in the office of the Registrar Cooperative Societies, U.T. Chandigarhrespondent No. 2 on 3.6.1982. His conditions of service are governed by the Rules known as 'the Punjab Cooperative Subordinate Service Rules, 1936 (for brevity, 'the Rules'), which have been adopted by the Union Territory of Chandigarh (A-2). The Rules are applicable to the post of Sub Inspector, which was subsequently re-designated as Inspector Grade-II. It has been claimed that the post of Inspector Grade II can be filled up by two modes, namely, (i) by direct recruitment; and (ii) by selection from Sub Inspectors employed by the Punjab Cooperative Union. However, in special circumstances, the Registrar is empowered to appoint any person already employed in the Cooperative Department when any vacancy of Inspector or Sub Inspector occurs. He is competent to determine the manner in which such a vacancy is to be filled up. Rule 13 of the Rules empowers him to relax the operation of any of the Rule which causes undue hardship in any particular case.

(3.) In 1986, respondent No. 2 sent a requisition to the Employment Exchange, U.T. Chandigarh, for filling up one regular post of Sub Inspector in the Cooperative Department, U.T. Chandigarh from amongst the Scheduled Caste Category in the pay scale of Rs. 450-800. Being eligible, the petitioner also applied for the said post on 24.7.1986 (P-1). On 1.8.1986, respondent No. 2 sent a communication to the petitioner calling him to attend the interview on 4.8.1986 at 11.00 a.m. along with the candidates sponsored by the Employment Exchange (Annexure RA-3). However, the interview could not be held as no candidate belonging to Scheduled Caste category was available with the Employment Exchange. Accordingly, the Registrar Cooperative Societies- respondent No. 2 constituted a Departmental Promotion Committee (DPC). On the basis of the recommendations made by the DPC, The Registrar Cooperative Societies passed an order dated 14.4.1987 (A-3), which reads thus:-