Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and the promotion itself.

JUDGMENT :

RAJESH KUMAR VERMA, J.

1. Heard Dr. K.N. Singh, learned Additional Solicitor General of India assisted by Mr. Ram Tujabh Singh, learned counsel for the petitioners and Mr. Vishwa Mohan Kumar (In person) for the sole respondent.

2. The present writ petition has been filed for challenging the order dated 04.01.2024 passed in OA No. 050/00505 of 2019 by which the learned Central Administrative Tribunal has been directed to the respondent’s promotion to the post of Executive Engineer should be regularized w.e.f. 30.11.2010 the date on which he was given the current duty charge of that post as he held that post continuously till regular promotion. Apart from the aforesaid, the learned Central Administrative Tribunal also directed the petitioners to issue order of promotion to the post of Executive Engineer w.e.f. 30.11.2010 with all consequential benefits within three months from the date of this order.

3. Learned counsel for the petitioners submits that the respondent herein was appointed as Assistant Engineer in the Civil Construction Wing of All India Radio on 19.12.1990 and was granted financial up-gradation to Grade Pay of Rs. 6600/- w.e.f. 18.12.2002 vide order dated 27.04.2005. Respondent was given current duty charge of the post of Executive Engineer w.e.f. 30.11.2010. The grade pay for the post of Executive Engineer was Rs. 6600/-, so there was no financial enhancement in the pay scale for the current duty charge. The respondent was conferred second MACP with Grade Pay of Rs. 7600/- vide order dated 18.12.2020.

4. The respondent was promoted after regular Departmental Proceeding Committee (DPC) to the post of Executive Engineer vide order dated 25.02.2020.

5. Learned counsel for the petitioners submits that the respondent’s case was before Central Administrative Tribunal (hereinafter referred as “CAT”) that respondent was eligible for promotion to the post of Executive Engineer after completing eight (08) years regular service on the post of Assistant Engineer. For the promotion to the post of Superintending Engineer, the eligibility of five (05) years on the post of Executive Engineer. The respondent pleaded before the learned CAT that he was granted only one substantive promotion in the last 30 years of his service. Learned counsel for the petitioners submits that from perusal of letter dated 30.11.2010 by which the respondent was officiating to the post of Executive Engineer (Current Duty Charge). The said appointment letter clearly indicates that such appointment will not entitle for any monetary benefit or claim to seniority. The private respondent was ultimately promoted to the post of Executive Engineer by order dated 25.02.2020 after the recommendation of DPC. The delay in process by the DPC for the appointment of Executive Engineer was due to a SLP No. 35912- 35913 of 2010 was pending before the Hon’ble Apex Court with respect to seniority matter and the Hon’ble Apex Court had granted an interim order of status quo by order dated 17.01.2011. The said status quo was vacated by the Hon’ble Apex Court by order dated 19.08.2015. Thereafter, the matter was kept pending in the Hon’ble Apex Court and ultimately the same was disposed of by order dated 18.01.2017. After disposal of the aforesaid SLP, the seniority list was prepared by the authority concerned. Ultimately, the said seniority list was also subject to challenge before the Hon’ble Apex Court in M.A. No. 2220-2221 of 2018 and the same was finally disposed of vide order dated 17.02.2020 thereafter the respondent has been given to the promotion vide order dated 25.02.2020. Learned counsel for the petitioners submits that from the aforesaid, it transpired that due to multiple litigation, the DPC could not take place for the period of last 10 years. Learned Additional Solicitor General of India brought to our notice Office Memorandum dated 10^th April, 1989 where the Ministry of Personnel, Public Grievances & Pensions Department of Personnel and Training had for