M.M. Kumar, J. - (1.) The Union of India has filed the instant petition under Article 226 of the Constitution challenging order dated 30.6.2004 (P-3) passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal') allowing the original application of the applicant-respondent No. 2 and directing the petitioner to reconsider the matter afresh.
(2.) Brief facts of the case are that in the year 1964 the applicant-respondent No. 2 joined the service in the erstwhile State of Punjab. Subsequently, on 5.6.1980, he was appointed as Legal Assistant in the Law Department, Union Territory, Chandigarh. On 20.11.1991, he was given current duty charge of the post of Codification and Publication Officer. On 10.1.1992, he was promoted and posted as Codification and Publication Officer on regular basis in the scale of Rs. 2400-60-2700-75-3000-100-400 plus special pay of Rs. 300/- per month (A-2).
(3.) On 13.1.1992, the Government of India, Ministry of Home Affairs, New Delhi, framed the rules known as 'Condition of Service of Union Territory of Chandigarh Employees Rules, 1992' (for brevity, 'the 1992 Rules') by issuing a notification under the proviso to Article 309 of the Constitution (A-3). As per the 1992 Rules the conditions of service of persons appointed to corresponding posts in the Punjab Civil Services were made applicable to the conditions of service of persons appointed to the Central Civil Services and posts in Groups A, B, C and D under the administrative control of the Administrator of Union Territory of Chandigarh.;