- (1.) Introduction :- 1. a)Aggrieved by the impugned order passed by the Tribunal directing the Post Graduate Institute of Medical Education and Research, Chandigarh (PGI) to grant the benefit of "Catch up Rule" to the contesting private respondents herein, (PGI) has preferred these batch of Writ Petitions except Writ Petition No. 14450 of 2013 which has been filed by the Scheduled Caste and Scheduled Tribe category employees. b)C.W.P. Nos. 10681 of 2013, 19302 of 2013, 19303 of 2013 and 19924 of 2013 relate to the claim made by the Senior Laboratory Technicians/Technical Assistant, CWP No. 19921 of 2013 by the Private Secretaries, CWP No. 25660 of 2013 by the Store Officer and the remaining Writ Petitions by the Nursing Establishment of the medical dispensation for grant of the benefit of "Step up Rule" enunciated by the Hon'ble Supreme Court of India. Pleadings :-
(2.) A)The pleadings of the parties in the respective Original Applications are found to be quite identical in character. For the sake of brevity and also to avoid repetition, let us give a brief account of the averments made by the applicants in O.A. No. 56/CH/2012 relating to CWP NO. 10681 of 2013. b)The applicants belong to General Category whereas the 2nd respondent belongs to Scheduled Caste category. The applicants were initially appointed with PGI as Junior Laboratory Technicians on different dates and were Senior to the 2nd respondent Surinder Singh Banga. The next promotional post for Junior Lab Technician is Senior Laboratory Technician which is filled up 100% by promotion since 1981. the 2nd respondent therein being an employee belonging to Scheduled Caste category was promoted as Senior Lab Technician prior to the applicants w.e.f. 14.8.1997 applying the rule of reservation. The applicants who belong to General Category were promoted as Senior Laboratory Technician on various dates during the period from 27.9.2001 to 20.12.2002. At the time of promotion of the applicants as Senior Laboratory Technician, respondent no.2 also was in the same cadre. c)The applicants seek benefit of "Catch up Rule" in terms of judgment passed by the Constitutional Bench of the Hon'ble Supreme Court of India in the case of M. Nagaraj and others versus Union of India and others, 2006 8 SCC 212. All the applicants are eligible for grant of "Catch up Rule" and fixation of seniority above their juniors. They also seek quashment of the impugned promotion order dated 15.1.2011 vide which their junior Surinder Singh Banga shown as 2nd respondent therein has been promoted as Technical Assistant. Similar orders granting the benefit of "Catch up Rule" have been passed by the PGI on 14.9.2010 and 13.4.2011. Parity of treatment in applying the principles of "Catch up Rule" has also been sought by the applicants. Similar benefit of "Catch up Rule" granted to one Gurmail Ram vide order dated 14.9.2010 w.e.f. 1.3.1992, as per the judgment of the Central Administrative Tribunal, Chandigarh in T.A. No. 146 of 2009 pronounced on 25.5.2010 be extended to the applicants also. d) PGI has contended in its written statement that the Original Applications filed by the applicants are time barred, as they have failed to claim the benefit of the judgment in M.Nagaraj which came to be pronounced in the year 2007 within 11/2 years from the date of pronouncement of the above judgment as provided for in the Central Administrative Tribunal's Act, 1985. The 85th Constitutional amendment which introduced the phrase "with consequential seniority" was validated by the Hon'ble Supreme Court in M. Nagaraj. The seniority of Gurmail Ram was fixed above Jasmer Singh as Senior Lab Technician w.e.f. 1.3.1992, but he is not entitled to further promotion as Technical Assistant in view of the 85th Constitutional amendment w.e.f. 17.6.1995.
(3.) Verdict of Tribunal :- The Tribunal having referred to the judgments in Indra Sawhney versus Union of India, 1993 1 SCT 448 , Virpal Singh Chauhan etc, 1995 4 SCT 695 , M. Nagaraj and others versus Union of India and others, 2006 8 SCC 212, Suraj Bhan Meena and another versus State of Rajasthan and others SLP(Civil) No. 6385 of 2010 decided on 7.12.2010 and Laxmi Narayan Gupta versus Jas Singh & Others CWP No. 13218 of 2009 decided on 15.7.2011 held that so long as no survey was undertaken by the State to find out inadequacy of representation in respect of members of the Scheduled Caste and Scheduled Tribe in the services, the benefit of "Catch up Rule" will have to be granted to the General Category employees.;