Punjab rules applicable to Chandigarh staff unless amended: High Court

The Punjab and Haryana High Court has ruled that the Punjab Civil Services Rules will continue to govern the service conditions of employees in the Chandigarh Administration unless the Central Government explicitly modifies or replaces them.

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The court asserted that the rules applicable to Punjab employees also applied to those in Chandigarh, unless the Central Government introduced its own rules or policies. The Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma clarified that any amendments made to the Punjab Civil Services Rules would not automatically apply to Chandigarh unless the Central Government adopted them. If the Central Government did not adopt these amendments, it must create its own set of rules or policies to regulate the service conditions of employees in Chandigarh.

The judgment is significant as the court has made it clear that the Punjab rules will remain valid for Chandigarh employees until the Central Government takes specific action to change or replace them.

The ruling came while adjudicating a case concerning the promotion of a Deputy Superintendent of Police (DSP) in the Chandigarh Police to the rank of Superintendent of Police (SP). He had challenged the non-grant of promotion on the grounds that the post of Deputy Commandant, deemed equivalent to Additional SP, had remained unfilled for a long time and was considered abolished.

Rejecting this argument, the High Court relied on precedents from the Central Administrative Tribunal’s Ernakulam Bench, which held that the concept of post abolition was applicable to direct recruitment but not to promotions. The court ruled that mere non-occupation of a post did not lead to its abolition if promotions were to be considered under an existing policy.

The court upheld the tribunal’s direction to convene a Departmental Promotion Committee (DPC) for considering the officers’ eligibility for promotion under the Own Rank Promotion policy of the Chandigarh Administration. The committee was directed to be constituted within two weeks, with a decision to be rendered within a week thereafter.

Case background

The officer had sought promotion to the post of Deputy Commandant in the Indian Reserve Battalion (IRB), which is equivalent to the rank of Additional SP. The IRB was raised by the Chandigarh Administration with the approval of the Centre. The Home Ministry had sanctioned one post of Commandant equivalent to SP and three posts of Deputy Commandant equivalent to Additional SP. The posts were filled by officers from Punjab, Haryana and Delhi on deputation.

The officer submitted a representation to the Adviser to the UT Administrator, seeking promotion as Deputy Commandant, which is equivalent to the rank of Superintendent of Police (non-IPS). The Chandigarh Administration rejected his request stating that there were no vacancies for non-IPS SPs in the Chandigarh Police and that the Punjab Rules governing DSP-to-SP promotions were still pending adoption.

Key takeaways of judgment

• The High Court clarified that unless the Central Government frames its own rules or adopts amendments made by Punjab, the Punjab Civil Services Rules will continue to govern service conditions in Chandigarh.
• The court emphasised that a post cannot be deemed abolished merely because it remains vacant for a long time, especially when promotions are to be considered under an existing policy.
• While employees can be considered for promotion with retrospective effect, this does not guarantee automatic promotion. They must still undergo the selection process.