ORDER (ORAL)

By Hon’ble Ms. Pratima K Gupta, Member (J):

The applicant was initially appointed as Cleaner on

26.05.1982 and was promoted to the post of Technician-III (Fitter), Grade-II and lastly Grade-I. He retired as Technician Grade-I from the office of the respondents on 30.11.2017 on attaining the age of superannuation.

2.1 The brief facts of the case are that the respondents have conducted cadre review w.e.f. 01.09.2016 by which a number of posts of Senior Technician (MCM) have increased and to fill up these posts of Senior Technician (MCM), the respondents conducted the trade test. The applicant being eligible to participate in such trade test appeared and qualified the same. The final result of trade test was declared on 29.11.2017. However, the respondents have not granted the benefits to the applicant of cadre restructuring and consequent promotion to the post of Sr. Technician (MCM). Therefore, the applicant filed OA No. 2118/2018. This said OA was disposed of by this Tribunal vide order dated 28.05.2019 and following directions were issued to the respondents:-

“7. However, in the facts and circumstances noted above and particularly the facts that the delay is not attributable to the applicant and the applicant is likely to get pensionary benefits if he is considered for being promoted in the view of the respondent’s letters dated 30.11.2017/04.12.2017, the matter is remitted to the respondents with direction to the respondent no.2 to consider the matter afresh and pass a reasoned and speaking order within ten weeks from the date of receipt of a certified copy of this order. No costs.”

2.2 In compliance of the said order dated 28.05.2019, the respondents reconsidered the case of the applicant and rejected his claim vide order dated 24.07.2019. Aggrieved by the same, the applicant has filed the present OA seeking the following reliefs:-

“i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 27.6.2019(A/1) and order dated 30.11.2017 (A/2) only to the extent by which the applicant has been ordered for granting benefits of cadre restructuring with immediate effect and consequently, pass an order directing the respondents to grant the benefits of cadre restructuring w.e.f. 1.9.2016 by way of promoting the applicant to the post of Senior Technician (MCM) at par with other similarly situated persons with all the consequential benefits with arrears, revision of retirement benefits with interest.

(ii) That in case of not granting the above prayed releif (i) for any reasons, the Hon’ble Tribunal may graciously be pleased to pass an order directing the respondents to treat applicant promoted on 30.11.2017 and consequently fix the pay of the applicant to the post of Senior Technician (MCM) w.e.f. 30.11.2017 with all the consequential benefits including revision of retirement benefits with arrears and interest.

(iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”

2.3 In support of the claim of the applicant, learned counsel has argued that though the benefit was required to be given from 01.09.2016, however, the respondents have conducted the requisite trade test late and the result thereof is admittedly declared on 29.11.2017. Further they have prepared the panel of the eligible and suitable persons, after declaration of the result on 30.11.2017, wherein the name of the applicant was placed at Sl. No. 256 (annexure A-2) page 13. He submits that the order itself reflects that it should be given effect immediately. However, since this order was signed on 04.12.2017 and the applicant retired in the meanwhile on 30.11.2017 on attaining the age of superannuation, was deprived of the benefits of promotion. He reiterates that once the applicant has participated in the examination and his name finds mention in the list of eligible candidates, which was prepared on 30.11.2017, the applicant cannot b