IMPORTANT POINT
The benefit of notional promotion cannot be given retrospectively to retired employees if their juniors were promoted after their retirement.

JUDGMENT

V. Kameswar Rao, J. (Oral) - As these three petitions involve an identical issue, the same are being decided by this common order. The issue which arises for consideration is whether the petitioners are entitled for notional promotion after their retirement/VRS to the post of Assistant Commandant (JAO) in W.P.(C) 11307/2016, DIG in W.P.(C) 11896/2016 and also DIG in W.P.(C) 609/2017. The facts are narrated separately of each petition.

W.P.(C) 11307/2016

2. The case of the petitioner as contended by Mr. S.N. Kaul, learned counsel for the petitioner, is that the petitioner was appointed in CISF as Constable in the year 1975 and thereafter, in the year 1984, he was directly appointed as an Assistant Sub Inspector (Ministerial). He was promoted as Sub Inspector (Ministerial) on January 13, 1990 and Inspector (Ministerial) on March 03, 2011. His next promotion under the Recruitment Rules was to the post of Assistant Commandant (JAO) in CISF.

3. It is his case that being eligible for promotion as Assistant Commandant (JAO), under the Recruitment Rules, the respondent No.2/Director General, CISF, issued the letter dated October 30, 2015, to all field formations whereby the petitioner's service record and ACR Dossier were called for the purpose of DPC to be held against the vacancies for the year 2016 and the same were required to be sent by November 25, 2015.

4. He states that on February 2-3, 2016, he had requested the respondent No.2 to process his promotion on priority basis to ensure that the promotion order is issued before his date of retirement, i.e., March 31, 2016. On March 15, 2016, the petitioner was informed by the respondent No.2 that DPC proposal for the year 2016 has been submitted to UPSC on February 15, 2016 and he would be informed the outcome of DPC.

5. He states that, as per DoP&T OM dated September 08, 1998, as amended vide, OM dated January 28, 2015, the respondent No.2 failed to follow strict timelines to process his case of promotion to the post of Assistant Commandant (JAO).

6. According to him, as per the OM dated January 28, 2015, ACRs are to be written based on calendar year. In the present case, the proposal was required to be sent by the respondent No.2 to UPSC by September 30, 2015. The DPC was to be held in the year 2015 and approval for DPC proceedings was to be accorded by December 31, 2015. Unfortunately, there has been inordinate delay caused by the respondent No.2 to process his case with the UPSC and also by the UPSC to finalize the DPC proceedings. It is only on August 23, 2016, the respondent No.2 issued promotion order wherein the name of the petitioner did not figure whereas his immediate junior viz., R. Muralidharan was promoted as Assistant Commandant (JAO) in CISF.

7. On September 2, 2016, a legal notice was sent by the petitioner to the respondent No.2. On October 6, 2016, the respondent No.2 informed the petitioner that the DPC was held on July 5, 2016, wherein though he was found fit for promotion, person junior to him was empanelled in his place on the ground that the petitioner stood retired on March 31, 2016.

W.P.(C) 11896/2016

8. The petitioner has filed this petition seeking promotion to the post of DIG based on the DPC held on January 19, 2010. The petitioner herein was appointed in CISF as a Sub Officer. Consequently, he was promoted on the Non-Gazetted post of Inspector (Executive) in his own turn along with his batch mates in CISF. Between 1996-2005, the petitioner was promoted as Assistant Commandant, Deputy Commandant, Commandant and Senior Commandant in the years 1988, 1995, 2000 and 2004, respectively.

9. It is the case of the petitioner and as contended by Mr. Kaul that the petitioner was entitled to promotion to the post of DIG in CISF. The petitioner became eligible for being promoted as DIG in CISF in the year 2008, but no DPC was held in time. The petitioner was given to understand that notwithstanding finalisation of Recruitment Rules for the post of DIG in CISF, the DP