MOOL CHAND GARG, J.

1. The petitioner has approached this Court by way of filing a writ petition aggrieved from the order passed by the Central Administrative Tribunal dated 23.5.2007 whereby the Central Administrative Tribunal dismissed the application of the petitioner being OA No. 623/2006 seeking direction to the second respondent to further promote the petitioner on notional basis as Director (Scientist D) and further direct payment of pay and allowances for the said post on the ground that he became eligible for promotion to the post of Director (Scientist D) in view of the decision of the Central Administrative Tribunal in OA No. 1958/2002 decided on 12th August, 2002 whereby he had been given seniority for the post of Meteorologist Grade I w.e.f. 1.10.1997 and which made him eligible for further promotion to the post of Director (Scientist D) in view of having completed four years in service in the said grade before his retirement. It was his case that his promotion for the post of Director (Scientist D) became due with effect from 1.10.1998 i.e. prior to the date of his retirement.

2. However, the Tribunal dismissed the application filed by the petitioner holding that since the promotion to the post of Director (Scientist D) as per Flexible Complementing Scheme (FCS) had to be prospective and the petitioner was no more in service, he was not entitled for further promotion though he was eligible for the said post.

3. Briefly stating, the facts giving rise to the filing of this petition are; that the petitioner was appointed as Professional Assistant in the office of second respondent with effect from 21.03.1983 against the Direct Recruitment quota and thereafter, was promoted as Assistant Meteorologist Gr.-I vide order dated 05.01.2001 with effect from 08.01.2001 & since then he had been working on the said post till the date of his retirement. His further promotion to the post of Meteorologist Gr.-I remained in dispute due to litigation between Direct recruits & Promotees, which lis was decided only after the retirement of the petitioner i.e. in October, 2003 after filing of OA No. 1958/2002 which was decided on 12.08.2002.

4. It has been submitted by the petitioner that delay in fixing his seniority by the respondents has affected his entitlement for promotion. The respondents superannuated him w.e.f. from 31.05.2003, for which the petitioner is not to be faulted with and thus, he is entitled to be given a notional promotion for the post of Director (Scientist D) in accordance with the FCS. In this regard, the petitioner has also relied upon the orders passed by the Central Administrative Tribunal in OA No.623/2006 whereby one Mr.L.C. Jindal was directed to be promoted notionally after giving exemption for interview by an Assessment Board despite his retirement which judgment has also been upheld by this Court in CWP No. 11861/2005 later implemented by the respondents.

5. The respondents have opposed the petition on the ground that the petitioner had retired from service at the time when he became eligible for promotion. The FCS has prospective operations and, therefore, when the petitioner could not have been retained in service after 60 years i.e. date of superannuation he could not be considered for promotion. It is also submitted that the case of Mr. L.C. Jindal is not applicable to the case of the petitioner because in that case the relief was granted because of the promotion of a junior prior to the retirement of the incumbent, which is not the case of the petitioner. Moreover, the orders of this Court in the case of Union of India Vs. Rajendra Roy and Ors., W.P.(C) 20812/2005 decided on 12.01.2007 holds that merely because there was a delay in deciding the seniority of an employee, and only because DPC/ other Boards were not held by the authorities within time would not give any rights to the employee to be promoted to the post of Director (Scientist D) and, thus, it is submitted that the present wri