CM-10103-CWP-2026, CM-5936-CWP-2026 in/and CWP-38087-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 102+103+205 CM-10103-CWP-2026, CM-5936-CWP-2026 in/and CWP-38087-2025 (O&M) Date of Decision :01.07.2026 PUNJAB CIVIL SERVICES EXECUTIVE BRANCH OFFICERS ASSOCIATION AND OTHERS ...Petitioners Versus STATE OF PUNJAB AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. D. S. Patwalia, Senior Advocate with Mr. A. S. Chadha, Advocate for the petitioners. Mr. Rajiv Atma Ram, Senior Advocate with Mr. Arjun Pratap Atma Ram, Advocate for the respondents No. 4 to 6, 8 to 13 and 15 to 17.. Mr. Dheeraj Jain, Senior Advocate with Mr. Prajwal Chauhan, Advocate for the respondent No. 2. Mr. Yagyadeep, Advocate for respondent no. 14. Ms. Alka Chatrath, Advocate for the UPSC. Mr. Rahul Rampal, Additional Advocate General, Punjab. * * * Harsimran Singh Sethi, J. (Oral) CM-10103-CWP-2026 The prayer in the present application filed by the respondent No. 3 is for placing on record his reply. Keeping in view the averments mentioned in the application, the same is allowed. Copy of reply is taken on record subject to all just exceptions. RIYA 2026.07.02 15:55 I attest to the accuracy and integrity of this document CM-10103-CWP-2026, CM-5936-CWP-2026 in/and CWP-38087-2025 (O&M) CWP-38087-2025 1. In the present petition, challenge has been raised to the provisions of the Indian Administrative Service (Recruitment) Rules, 1954 as well as the Indian Administrative Service (Appointment by Promotion) Regulations, 1997. The said challenge has been raised on the basis of the process of recruitment initiated by the State of Punjab to the Indian Administrative Service. 2. Learned Senior Counsel for the petitioners submits that though the Rules have been challenged in the present petition but the said challenge is only to a limited extent. Learned Senior Counsel for the petitioners submits that, as on date, the recruitment process has not culminated in any appointment and, therefore, the present writ petition is maintainable before this Court qua the relief sought by the petitioner. 3. Learned Senior Counsel appearing on behalf of the respondents submits that keeping in view the Section 14 of the Central Administrative Tribunals Act, 1985, the jurisdiction in matters relating to recruitment and all matters concerning recruitment to any All India Service is exclusively with the Central Administrative Tribunal (herein after referred to as ‘CAT’) and therefore, the present issue falls within the jurisdiction of the CAT. 4. Learned Senior Counsel appearing on behalf of the respondents further submits that even the limited challenge to the recruitment rules governing the Indian Administrative Service would fall within the exclusive jurisdiction of the CAT at the first instance. Learned Senior Counsel for the respondents further submits that, even if, it is assumed for the sake of RIYA 2026.07.02 15:55 I attest to the accuracy and integrity of this document CM-10103-CWP-2026, CM-5936-CWP-2026 in/and CWP-38087-2025 (O&M) arguments that the challenge raised by the petitioners is of a limited nature, still this Court would not have direct jurisdiction to entertain the present petition. In support of his contention, the reliance has been placed upon the law settled by the Hon'ble Supreme Court in L. Chandra Kumar v. Union of India and others, (1997) 3 SCC 261, wherein it has been held that this Court would exercise jurisdiction by virtue its power of judicial review only to adjudicate upon any order passed by the CAT on the issue concerned. 5. Faced with the situation, learned Senior Counsel for the petitioners submits that the present petition may kindly be disposed of having been not pressed any further with liberty to invoke the jurisdiction of the Central Administrative Tribunal. 6. Learned Senior Counsel for the petitioners further submits that in view of the interim order dated 19.12.2025 passed by the Coordinate Bench of this Court, wherein the recruitment/selection process has been stayed qua the grievance raised by the petitioners in the present petition, the said interim protection be continued till the petitioners approach the Tribunal so that no prejudice is caused to the petitioners. 7. Learned Senior counsel appearing for the respondents submits that a fixed period may be given to the petitioners to approach the Tribunal and till the said issue is considered by the Tribunal in its first hearing, the interim order dated 19.12.2026 passed by this Court may be ordered to remain operative but once the petition is filed by the petitioner before the Tribunal, the jurisdiction should be given to the Tribunal to decide as to whether the interim order deserves to be continued, modified or vacated as the case may be. 8. Keeping in view the above, the present petition is disposed of RIYA 2026.07.02 15:55 I attest to the accuracy and integrity of this document CM-10103-CWP-2026, CM-5936-CWP-2026 in/and CWP-38087-2025 (O&M) with liberty to the petitioners to agitate their claim before the Central Administrative Tribunal. 9. The interim order dated 19.12.2025 shall continue to operate till the matter is taken up by the Tribunal on the first date of hearing. However, it is clarified that thereafter Tribunal will have the exclusive jurisdiction to consider whether the interim order deserves to be continued, modified or vacated as the case may be. 10. At this stage, learned Senior Counsel for the respective parties submit that since the pleadings have already been completed before this Court, and replies have also been filed by certain respondents, instead of directing the petitioner to file a fresh petition before the Tribunal, the paper book of present petition may kindly be relegated to the Tribunal for further adjudication so as to save the time of the Tribunal for completing the further proceedings. 11. Keeping in view the above, the Registry is directed to send the complete paper book of the present writ petition alongwith replies to the Central Administrative Tribunal forthwith. 12. The parties are directed to appear before the Tribunal on 17.07.2026. 13. The Union of India is directed to file its reply on or before the next date of hearing fixed before the Tribunal i.e. 17.07.2026. However, even if the said reply has not been filed by the Union of India, the Tribunal will be at liberty to consider the issue and pass an appropriate order in accordance with law. 14. It is made clear that this Court has not expressed any opinion on the merits of the issue involved in the present petition. The same will be RIYA 2026.07.02 15:55 I attest to the accuracy and integrity of this document CM-10103-CWP-2026, CM-5936-CWP-2026 in/and CWP-38087-2025 (O&M) considered and decided by the Tribunal on the basis of the pleadings, documents and submissions made by the respective parties. 15. The present petition is disposed of in above terms. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) JUDGE July 01, 2026 Riya Whether speaking/reasoned :Yes Whether reportable : No RIYA 2026.07.02 15:55 I attest to the accuracy and integrity of this document