Promotions should not be retrospective unless specifically provided by the relevant service rules, and seniority cannot be given on a retrospective basis when an employee has not been borne in the cadre.

ORDER :

I.A. Nos. 3, 4, 7 & 8 have been filed praying for impleadment in the civil appeal as party respondents. The applicants claimed that they are senior officers and become eligible for promotion to the post. We have heard learned counsel for the applicants and permit them to intervene in the matter.

2. Civil Appeal No. 4156 of 2008 had been filed against the judgment and order dated 12.09.2005 of the High Court of Andhra Pradesh by which judgment the writ petition filed by the appellants challenging the order of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, dated 13.11.2003 was dismissed. The brief facts of the case as emerged from the pleadings of the parties are as follows :

3. The respondents were employed as Geophysicists in Geological Survey of India, a subordinate Department of Ministry of Mines. The post of Assistant Geophysicists was a group-B post and next grade in the said cadre is the post of Geophysicists (Jr.) Group-A. The promotion of Assistant Geophysicists was by two modes i.e., by direct recruitment and by promotion through UPSC with ratio of 1:1. There were large number of posts of Geophysicists (Jr.) lying vacant from 1984 till 1998 totalling 31 in number. Due to various reasons no DPC could take place for effecting the promotions in the Group-A post. Subsequently, the DPC met and promotions were effected w.e.f., 2001. The respondents and various intervenors were considered and promotion orders were issued. Before the aforesaid promotion could take place, the respondents had filed O.A. No. 119 of 2000 in the CAT in January, 2001 praying for direction to the Ministry of Finance to revalidate and fill up the vacancies of the post of Geophysicists and further to convert the Direct Recruits quota into the DPC quota as one time measure and fill the existing posts. During the pendency of the O.A., the DPC was convened on 30.10.2001. The Tribunal decided the matter ultimately vide its order dated 13.11.2003. The Tribunal noticed the fact that DPC had been held. The Tribunal, however, did not accept the prayer of the applicants with regard to the conversion of direct recruitment quota. However, the Tribunal to meet the ends of justice directed that the applicants be adjusted against the unfilled vacancies of respective years when the DPC was not held. The Tribunal directed proforma promotion to the Geophysicists according to the seniority and eligibility with retrospective effect against the vacancies of the respective years when they qualified for those posts. In paragraph 5 following directions were issued by the Tribunal :

"Therefore, with a view to protect their seniority, we direct that proforma promotion should be given to the Geophysicists on their promotion, according to their seniority and eligibility with retrospective effect, adjusting them against the vacancies of the respective years when they qualified for these posts. In order to protect their consequential benefits in future promotions as per seniority and eligibility, accruing to them on giving them such retrospective seniority, we also direct the respondents to reallocate them with notional promotions for respective years when they would have get these promotions but for DPC not being held, which was denied to them due to no fault of theirs by not holding the DPCs for the respective years. As regards one time adjustment against the Direct Recruitment quota, it would be unfair, since as per the contentions of the applicants themselves, direct recruitment as per the vacancies in the quota had also not taken place. Therefore, such a step need not be taken. However, it would be fair and just that against the DPC quota, the officers, who had missed their promotions during the respective years when it was due and when they were qualified and eligible for it, it is directed to be given to them on notional basis. They, on promotion, may be allocated to the respective years of seniority through proforma promotion of respective years, whic