JUDGMENT

M.M. Sundresh, J.

1. These appeals are filed by the respondents before the High Court and the Central Administrative Tribunal, raising a challenge on two grounds, namely: -

i. A voluntary retiree cannot seek promotion as a matter of right sans rules governing.

ii. a mere delay in consideration of the promotion would not create a vested right over a post that quantifies the maximum accommodation in terms of numbers, involving a process of suitability.

BRIEF FACTS:

2. Both the respondents before us worked with the appellant holding the post of Junior Administrative Grade-II (hereinafter referred to as “JAG-II”) officers. Respondent in Civil Appeal No.517 of 2017 retired in the said capacity voluntarily in the year 2010. Respondent in Civil Appeal No.518 of 2017 was promoted on ad hoc basis to Junior Administrative Grade-I (hereinafter referred to as “JAG-I”) vide order dated 27.12.2011 and regularized vide notification dated 17.04.2012 with effect from 01.07.2011, after undergoing a selection process against the vacancies in tune with Rule 4 of the National Capital Territory