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V. KAMESWAR RAO, SAURABH BANERJEE
Balbir Singh – Appellant
Versus
Union of India – Respondent
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
Retired employees are entitled to consideration for notional promotion and consequential benefits as per relevant regulations and judicial precedents.
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....
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....
Notional promotion is not granted with retrospective effect unless there are exceptional circumstances or a rule permitting it.
Notional promotion may be granted retrospectively despite applicant's retirement if found eligible by the departmental promotion committee.
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