- (1.) The instant petition filed under Article 226 of the Constitution is directed against order dated 20.4.2004 (P-28), passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal'), holding that the original applicant-petitioner was not entitled to ante-date promotion on the post of Architect with effect from 15.3.1995 as against his actual date of promotion, namely, 12.8.2002 (A-19).
(2.) The facts as noticed by the Tribunal are that the petitioner joined as Architectural Assistant and then promoted to the post of Assistant Architect w.e.f. 15.3.1988. For promotion to the post of Architect, regular service of seven years as Assistant Architect is required by the rules known as the Architectural Staff (Class I) Recruitment Rules, 1967 (for brevity, 'the 1967 Rules'). In the said rules there is a provision for direct recruitment as well as appointment by promotion.
(3.) A regular post of Architect was lying vacant since 1.3.1995 and the Chandigarh Administration made request to the Union Public Service Commission (for brevity, 'the Commission') to convene the meeting of the Departmental Promotion Committee (DPC) for considering the case of the petitioner for promotion as he was the senior most Assistant Architect. However, the Commission directed the Chandigarh Administration that they should first notify the recruitment rules of the College of Architecture before DPC for the post of Architect could be convened, which according to the petitioner was separated from the Department of Architect.;