HE HI GHOURT v. The Cent ral Adm inist rat ive TribunaI ChandigarhBench

brot her Shri SSGill who was post edas Hom e and also under Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh t he influence of his fat hereiriw JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 290 WPNo98of20106085M1 0 1D SAm rik SinghPooni who served t he St at e of Punj abas Chief and Hom e Sim ilarlyoriginal No3 was givenout of t um prom ot iont o t he postof Offlciat ingDSP on 171986 by relaxingRule 6 required SlX years As againstout of prom ot iongivent o Nos 2 and 3 as above t he pet it ionerwas not glven prom ot lont o t he post ofDSP inspit eof recom m endat ion based on his act s of braveryand courage againstt errorist s Even if out oft um on ad hoc basis were givent ot he C 0 C C Z a5 postof DSP t he could not be 7 Z Qm glven seniorit yabove t he pet it ionerAd hoc given t o 2 and 3 were illegally vide order dat ed 272007 3 The pet it ionerm ade a on which vide let t er dat ed 22121993 it was int im at ed t hat originalseniorit ywill be m aint ained inspit eof out of t um prom ot ionSt ill prom ot ionof Nos2 and 3 was Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh by relaxingt he rules 111 JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 291 WP N0298 of2010 OceMl 4 m anner On not ice beingserved by t he pet it ionert he St at e gave Show Cause Not ice dat ed 129 1995 requlrlng nOSe 2 and 3 t o show cause why claim of t he pet it ionerfor seniorit ybe not considered Against t he said not ice Nos 2 and 17 0 t he CAT by flling a pet it ion which was disposedof on 691996 wit h a direct ion t o hold Review Select Com m it t ee m eet ingThe pet it ioner t he said decision by fllingCWP No1922 of 1997 in t his Court He also flled CWP No5319 of 2001 against m C 0 0 C Z Q 08 prom ot ionof Nos 2 and 3 t o I PS The writ vm m Z pet lt lOI lwas disposedof on 292007 direct ingSt at e of Punj abt o exam ine t he 1SSues wit h open m ind and faim ess I n t he m eanwhile 2and3 were lrt her prom ot edt o select ion grade The St at e Governm ent rej ect edt he claim of t he pet it ionervide order dat ed 272007 againstwhich t he pet it ioneragalll t he CAT Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh 1 JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 292 4 WP No298 of2010 6OcM 5 Claim of t he pet it ionerwas cont est ed by pleadingt hat ad hoc prom ot iongiven t o No2 on 191986 by relaxingRule 6 t he 1959 Rules for courage and devot ion t o dut yof highest 1 0 C C5 Z 0 No3 was glven ad hoc prom ot ionon 22121986 t hat he had won m edals 1I l Wrest lingat nat ional and int em at ional levels The said prom ot lon was approvedby t he Punj abPublic Service Com m ission PPSC as conveyedvide let t er dat ed 9121999 on which Nos2 and 3 were a5 conflrm ed wef 1731988 and 22 12 1988 No2 also flled replyst at ingt hat lSSue of Z m seniorit yof DSPs was set t led by t his Court 111 Tulsi Ram VSe St at eofPuniab and ot hers2001 SLR11 layingdown t hat DSPs earlier whose servlces by t he Com m ission ent it led t o seniorlt yI t was furt her st at ed t hat individuals could also be a class as held by t he Honble Suprem eCourt JeCeYadav and ot hers v St at e of Haryana and ot hers Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh 1 JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 293 WP No98 of2010 6Oclv 6 1990 2 SCC 189 and St at e of Him achal Pradesh Ve Kailash Chand Mahaian AI R 1992 SC 1277 No3 also j ust ifledhis out of t urn prom ot ion and seniorit y 5 Main 1SSue before t he CAT was as t o legalit y 0 C C5 of seniorit yof privat e and above t he pet it ionerThe sam e was decided againstt he pet it ioner int eralia by referringt o order of t he St at e Govem m ent Z dat ed 272007 earlier order oft he CAT dat ed 691996 and order of t he PPSC prom ot iont o t he 08 postofDSP whichj ust ifledt heir higherseniorit yI t was w Z m lrt her observed t hat under Rule 14 of t he 1959 rules t he com pet entaut horit ycould relax ruI es Power of relaxat ionhad been exercised longback which could not be dist urbed aft er a longt im e I t was furt her observed t hat individuals could also form a class As regards allegat ionof m alafldes lt was observedt hat neit her any person by nam e had been m ade a part ynor anym at erial Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 294 WP No298 of2010 6OceM9 7 had been placedon record t o show t hat t he order was passedwit h m alafide int ent ion 6 We have heard leam ed counsel t he pet it ionerand caveat ors PSGill and Kart ar Singh 7 Cont ent ions raised on behalf of t he pet it ioner are as under i Rule 14 which conferred power of relaxat ion was applicableonly for grantof relaxat ion t o a cat egory of cases and not t o an individual I t was necessary t o bringa person Oll G list DSP which for prom ot iont o t he post of ln t urn requiredholding of a DPC Relaxat ion of requiredunder Rule 6 did not am ount t o relaxat ion of Rule 6 required G There discrim inat ion t he pet it ioners achievem ent s were m uch higherbut his case relaxat ion not considered Relaxat iOn 111 1t 0 0 C Z f 08 Z t l favour t he vit iat ed by bias as brot her and fat her JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh l1 295 WP N0298 of2010 OcM9 8 0A1 inlaw of Shri PSGill were post edas Hom e Earlier j udgm entof CAT having been set aside by t h s Court could not have been relied upon v Let t er dat ed 22 12 1993 Annexure P29 wast o t he effect t hat inspit eof out of t um prom ot ionhe was broughton List G only on his t um t o be accordingt o his originalseniorit y vi Punj abCivil Services General and of Servicel Com m on Condit ions Rules 1994 will have overriding effect accordingt o which seniorit y1S t o be det erm ined by lengt hof serv There 1S furt her provision1I 1 Rule 8 t hat seniorit yof persons ad hoc basis 1S t o be det erm ined when t hey are regularly keeping ln dat e of regular appolnt m ent 8e Leam ed counsel t he caveat ors t he Vlew t aken by t he CAT and subm it t edt hat t he power of relaxat ion was exercisedin t he year 1986 and wasnot Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document m 0 Ca C Z m 0 08 Vm Z m J 296 WP N0298 of2010 6O0M9 P 9 r9 The said power exercised even individual case Court could not subst it ut e it s Vlew by ent eringint o evaluat ion of com parat ivem erit on t he 1SSue of grant of relaxat ion 1 C 0 C The caveat or was given out of t um prom ot ionaft er grant of relaxat ion which was duly recom m endat ion of Public Service Com m ission C5 let t er dat ed 9 12 1999 Annexure P25 and t hus t he Z C 08 Oo m m Z t l had been right lyglven senlorlt y above t he pet it ionerI t was lrt her subm it t ed t hat afer lapseof 24 years grant of prom ot iont o t he oughtnot be int erfered wit h which will unset t le longst andingseniorit yChallenget o seniorit y of t he was m ade by t he pet it ionerbelat edlywhich disent it led him t o relief 9 Leam ed counsel t he pet it ionercont est ed t he st and of t he and subm it t ed t hat he m ade Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh in t he year 1989 when his seniorit ywas JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 0 C C Z 5 7 Z m 297 WP No98 of2010 60M 10 1 1 dist urbed and Show Cause Not ice was given t o t he t herealt er rem ained pendingand delaycould not be t aken t o be againsthim 10 Following for considerat iol i Whet her relaxat ion under Rl 6 in favour of t he j ust ifled and whet her t he pet it ionerlS ent it led t o sim ilar relaxat ion9 Whet her grantof relaxat ion under sect ion 61 t he Act was not enoughfor furt her relaxat ion of bringing Nos 2 and 3 t o list G afer followingt he required and ifnot it s effect iii Whet her t he St at e Governm ent and t he CAT were j ust ifiedin upholdingseniorit y Nos 2 and 32 iv Whet her int erferenceat t his st age1S called for 47 11 We proceed t o consider t he Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh I t I JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1 1 0 C C5 Z m C Z 298 WP No98 of2010 9cOM Re i1 l l l 7J 12 Rule 14 of t he 1959 rules providesfor relaxat ion which lS as under Where t he Governm ent is of t he opinion t hat it is necessary or so t o do lt m ay by order 3 for reasons t o be recorded lI l writ ing relax any of Rules wit h respectt o ny class or cat egory of t hese t he ofpersonSe99 No doubt t he words used lll above rules are t hat relaxat ion is for a class or cat egoryof persons it is well set t led t hat a singleperson can also const it ut e a class or cat egory 13 Art icle 16 of t he Const it ut ion providesfor equalit yof t o all cit izens 1n m at t ers relat ing t o t he St at e At t he sam e t lm reasonable classificat ion 1S Every classiflcat ion result s in inequalit ybut if t he inequalit ylS about on som e sound legalbasis t he sam e 1S not violat ive ofArt icle 16 Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh rlJ JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 299 WPN0298 of2010 OcMO 12 1 14 The power ofrelaxat ion beingexcept iont o t he generalrule has t o be exercised only lll cases and exerclse of such power m ust m eet t he t est of Art icle 14 Power of relaxat ion cannot be arbit rarily 1 t r 0 C exercised I nt erference 1S exerclSe powerls arbit raryor illegal Once power exist s and lS exercised bonafide free playin j oint shas t o be allowed C5 and int erference by t he Court will be only for Z m Q com pellingreasonSe Norm allyCourt does not int erfere wit h resal t o allow relaxat ion 08 1 eference m ay be m ade t o som e I eadlllg am w Z on t he point i I i Raunaq Lt de Const ruct ion ot hers1999 492 Para 23 Sandeep Sharm a Puniab 199710 14 I nt ernat ional Ve Cert ain flexibilit y I VeRe has t o be allowed 111 Lt d and adm inst rat ive 1 SCC decision m aking Kum ar Ve St at e Power of relaxat ion of under Rule 14 was ot hers upheld as SCC 298 Para int ended t o m it igat e hardshipln special deserving Slt uat lons 4 Kum ar Ashok t he JOYTI RANI and ot hers Ve St at e of principlelaid down 2016.03.28 16:24 I attest to the accuracy and 1998 I I l Sandeep Kum ar J0K and ot hers integrity of this document Uppal Followed Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh 71 300 WP No298 of2010 6OcMl 13 1vl v 1 0 C C5 Z Oll 7 Z Sharm a 4 SCC 179 Paras 2629 Arun Kum ar ot hers v Union of I ndia Class ot hers SCC 580para7 2007 I servlce t o t o 5 t he kin of a police offlcer who becam e Vlct lm t o a t errorlst at t ack was 2 Prem ium Granit es and anot her Ve St at e of generalrule could 111 and be SCC cert aln slt uat lOI lSe allowed Tam il ot hersl lVadu 994 2 691para50 St at e Buvarna anot her Malini Karenat aka Power and select ion could be Ve classiflcat ion anot her 728 para 9 200 1 1 SCC exercised in fair and St at e of Karnat aka anot her ReVivekananda Swam V9if 2008 5 SCC 328 para and reasonable m anner and Power of relaxat ion VSe could be exercised t he power exlst s exercised 1S 25 fairly ReNeNaniundappa TThim m aiah anot her 1972 Ve Power of relaxat ion 1 SCC exercised t o llullify and could 409Paras23 ruleS of Orissa St at e Sukant i ot hers Mohapat ra and ot hers 19932 SCC486 para8 Ve Surai Parkash Gupt a and ot hers v St at e of Jam m u Kashm ir 7 SCC ot hers 56 1 Para 29 2000 Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh 11 JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 301 WP No98 of2010 OcON 14 1 X m 0 C C Z 045 Z t l Ram ana Shet t v Ve Airport I ndia 1628 AI R I nt ernat ional Aut horit v Davaram Power aut horit y1S not public of powerof a privat e 1979 SC person The public aut horit y has t o exerclse lt s 111goodfait h and OI l lawful and relevant groundsof public lnt erest Kast uri Reddv v Lal Lakshm i St at e of J K 1980 4 SCC 1 Bhikhubhai Vit hlabhai Ve Pat el Guiarat 2008 144 St at e 4 SCC SeGeJaisinhani Union 1967 SC 1427 I ndia Ve When AI R conferred 1S Oll execut lve aut horit y5 t he sam e m ust be confined wit hin defined clearly lim it s and decision should be m ade by applicat ion principles and rules and such decision should be SPart ap Singh Ve St at e I n of Puniab AI R 1964 SC power 72 revlew exerclse j udicial Hocht ief St at e ot hers 2226 Gam m on of Orissa Ve act s t hat Execut ive lawfully and and wit hin t he lim it of AI R 1975 SC lt s Khudiram Das Ve St at e of WB AI R 1975 SC 550 Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh J JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 302 WP No98 of2010 OcM 15 16 Shrilekha Kum ari Ve St at e Vidvart hi et c of UP and ot hers AI R 1991SC 537 16 I n t he presentcase power has been exercised lI l favour of No2 on t he ground of his courage lI l dealingwit h t errorism and 111favour of No3 on account of his having shown dist inct ion lI l at nat ionallint em at ional levels There is not hingt o show t hat t he basis for grant of relaxat ion did not exist The exerClSe of power m C 0 C I C Z 08 favour Nos 2 and 3 is not t hus liable t o be Z int erfered wit h As regardsclaim of t he pet it ioner01 exerclse of sim ilar power of relaxat ion in his favour we are oft he VlCW t hat norm allyt he Court does not 1SSue m andam us for grant of relaxat ion and if t he pet it ioner m akes out a case for relaxat ion it is for t he concem ed t o consider t he sam e There l S ll O groundt o set aside exerClSe of power of relaxat ion lI l favour of Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh Quest ion is t hus answered JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 303 WP N0298 of2010 600M9 16 1 againstt he pet it ionerand in favour of Nos2 and 3 Rel 17 I t 1S clearom Rule 6 oft he 1959 Rules t hat apart from t here lS of select ion procedurebeingfollowed I n t he present case Public Service Com m ission consult ed and prom ot ionof Grant of seniorit yafer approvalby t he Public Service Com m ission was upheldby t hs Court 111 m t 0 C C Z r 08 TuI si Ram supra 111sim ilar circum st ances This being 7 Z t he posit ioneven t hought he could be considered for regular only by follow of bringingt hem on list G 1n vlew r3 of order passedin consult at ion wit h Public Service Com m ission seniorit yof could be t aken t o have been int erferenceat t his st age Quest ion is t hus answered Suresh Kum ar 2014.04.25 12: 35 Scanned True Copy of Original PHHC,Chandigarh I l JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP No98 of2010 6085M1 17 againstt he pet it ionerand ln favour of t he Re 18 I n Vlew of our flndingson Quest ions we upholdt he Vlew t he St at e Govem m ent and t he CAT The quest ion1S answered accordingly Re 19 No int erference 1S called for t his st age relaxat ion havingbeen grant ed24 years agoand furt her prom ot ionhavingbeen grant edt o Nos 2 1 0 C C Z C 08 and 3 Z l 8 20 Accordinglywe 3 do not f1nc1any groundt o int erfere wit h t he Vlew t aken by t he Cent ral Adm inist rat ive Tribunal 21 The pet it ion1S dism issed 1 1 Adarsh Kum ar Goel Judge 11ok Singh Judge JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document February 2010 Y Suresh Kum ar 2014.04.25 12: 35 0 Scanned True Copy of Original PHHC,Chandigarh b 1 1 1 8 1 I t