Chandigarh, March 4:The Central Administrative Tribunal has ruled in favor of three Chandigarh Police constables, declaring that recruits appointed from a waiting list cannot be denied the benefits afforded to those on the main selection list. The decision ensures that personnel from the same recruitment cycle are treated as a single batch for seniority and retirement purposes.
The case involved constables Anil Kumar, Mandeep, and Sabin, who participated in the 2009 recruitment for 150 posts. Despite being successful in the process, they were only called to join in May 2010 to fill seats that remained vacant when others from the main list declined the offer. The petitioners asserted that this delay deprived them of annual increments and timely promotion opportunities given to colleagues who joined in late 2009.
The tribunal stated that the waiting list is an integral part of the original recruitment advertisement. It declared that since the applicants were appointed against the same 150 posts advertised, there was no legal basis to treat them as a separate or junior class of employees.
“The entire recruitment process was the same,” the tribunal observed while delivering the order. It further maintained that the merit list and waiting list were products of a singular administrative exercise, necessitating equal treatment for all successful candidates.
The bench has now ordered that the petitioners receive a deemed date of appointment matching the final candidate of the 2009 batch. This adjustment will be used to calculate gratuity, pension, and other service-related dues. While the benefits for the period before their actual joining will be on a notional basis, the ruling effectively restores their seniority alongside their batchmates.
