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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Employees State Insurance Corporation, Through Its Director General – Appellant
Versus
Sh Randhir Prasad Gupta & Ors. – Respondents
W.P.(C) 6074 of 2023, CM APPL. Nos. 23860 of 2023 (stay) & 23862 of 2023 (addl. Doc.)
Decided On : 15-05-2023
Notional Promotion - Writ Petition - The court clarified the order of the Tribunal regarding notional promotion, stating that the respondents shall be entitled to notional promotion if their juniors have been promoted in the DPC of 2012-2013.
Fact of the Case:
The challenge in the Writ Petition is to an order dated December 22, 2022, whereby the Tribunal disposed of the Original Application filed by the respondents, granting notional promotion and consequential benefits.
Finding of the Court:
The court clarified that the respondents shall be entitled to notional promotion if their juniors have been promoted in the DPC of 2012-2013, and disposed of the Writ Petition and pending applications accordingly.
Issues: Interpretation of the Tribunal's order regarding notional promotion and consequential benefits.
Ratio Decidendi: The court's decision was influenced by the discrepancy in the Tribunal's order, which presupposed notional promotion only if juniors had been promoted, but also stated that if none of the juniors were promoted, the applicants are not entitled to promotion.
Final Decision: The Writ Petition and pending applications were disposed of, subject to the clarification that the respondents shall be entitled to notional promotion if their juniors have been promoted in the DPC of 2012-2013.
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 23861/2023
1. Exemption allowed, subject to all just exceptions
2. Application stands disposed of.
W.P.(C) 6074/2023, CM APPL. Nos. 23860/2023 (stay) & 23862/2023 (addl. Doc.)
3. The challenge in the Writ Petition is to an order dated December 22, 2022, whereby the Tribunal has disposed of the Original Application filed by the respondents by stating as under:
"(1) The respondents shall give the applicants notional promotion, if their juniors have been considered in the same DPC of 2012-13.
(2) All the consequential benefits, after the date of retirement but prior to that from the due date and actual notional promotion is given, notional benefits will be given, within a period of four months from the date of receipt of a certified copy of this order.
There shall be no order as to costs."
4. The directions given by the Tribunal contemplate the respondents are entitled to notional promotion, if any juniors have been considered in the DPC in the year 2012-2013. Such an exercise has to be carried out by the petitioner. The directions presuppose a junior having been considered in the DPC of 2012-2013.
5. But the direction is at variance with the observation of the Tribunal in para 9 of the impugned order (last three lines), wherein the Tribunal has said:
"It is needless to say that if none of the juniors to the applicants are promoted, the applicants are not entitled to get promotion."
6. Meaningfully read, the respondents shall be entitled to notional promotion, if their juniors have been promoted in the DPC of 2012-2013.
7. Subject to the aforesaid clarification of the order of the Tribunal dated December 22, 2022, the Writ Petition is disposed of. Pending applications also stand disposed of.
AI
The legal principle established is that similarly placed individuals are entitled to notional promotion and consequential benefits based on the directions of the Tribunal.
Retired employees are entitled to consideration for notional promotion and consequential benefits as per relevant regulations and judicial precedents.
The benefit of notional promotion cannot be given retrospectively to retired employees if their juniors were promoted after their retirement.
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
Notional promotion granted without financial benefits confirmed due to procedural delays affecting eligibility.
Withdrawal of granted notional retrospective promotion without opportunity of hearing violates natural justice, especially where delay in DPC was administrative and employees eligible, entitling rest....
Retired employee has right to DPC consideration if in zone but no entitlement to notional or retrospective promotion post-superannuation; promotion effective only from actual grant and charge assumpt....
Retired employees are not eligible for notional promotion as per the OM dated 28.12.2023, since the benefits apply to serving employees only.
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