ORDER

Rajnish Kumar Rai, Judicial Member The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

“A) Office Order being No.DJWM(SG)/DPC/2020/PER/GB dated 25.08.2021 issued on behalf of the respondent No.2, to the extent of grant of benefit of promotion on notional basis in favour of the applicant in JWM(SG) grade with effect from 13.09.2018 without granting any monetary benefits and arrears of pay for the period from 13.09.2018 till 24.08.2021, is not tenable in the eye of law and as such the same may be quashed; B) An order do issue directing the respondents to extend the applicant with actual benefits of promotion in JWM (SG) grade with effect from 13.09.2018 along with all the arrears of pay and interest accrued thereon along with all consequential benefits in his favour at an earliest;

C) Costs and Incidentals;

D) Such further Order/Orders and/or direction/directions as your Lordships deem fit and proper.”

2. Facts of the case in a nutshell as submitted by the applicant in the O.A. are as under:-

(a) The applicant joined the service of the respondents as an Industrial employee w.e.f. 14.01.1991. He participated in various departmental examinations and was promoted to the posts of LDC, Charge Man Gr.II and to the post of Junior Works Manager(Gazetted Group-B Officer) respectively.

His promotion to the post of Junior Works Manager (Senior Grade) was due w.e.f. 13.09.2018. (b) While the applicant was working as Junior Works Manager (hereinafter referred to as JWM in short), he was issued with a show cause notice dated 18.01.2017 by the respondents asking him to explain the reasons for his failure to submit mortgaged property paper and insured property paper in contravention of the Rules after obtaining House Building Advance from the department. He was also served with a charge memorandum dated 14.09.2017 in this connection. He replied to the said charge memorandum on 25.10.2017. Thereafter challenging the impermissibility of issuance of the said charge memorandum dated 14.09.2017, he preferred O.A.No.91/2020 before this Tribunal which was disposed of on 13.01.2021 with the following order:- “9.

Having noted that the advance was drawn as utilized for the purpose it was drawn, and that in terms of HBA rules, the applicant only made himself liable to pay penal interest which also stood already realized, we hold initiation of proceedings as unwarranted. In the aforesaid backdrop, the proceeding initiated against the applicant is quashed with liberty to the respondents to act in accordance with law.”

(c ) Pursuant to the aforesaid order of this Tribunal dated 13.01.2021, the disciplinary proceeding against the applicant was dropped vide Office Order dated 02.08.2021 (Annexure A/2). However, promotion of the applicant from the post of JWM to JWM(SG) was due to the applicant w.e.f. 13.09.2018, but due to initiation of the disciplinary proceeding the DPC had kept its findings in respect of the applicant under “sealed cover”. After quashing of the disciplinary proceeding as per order of this Tribunal, Office Order dated 25.08.2021 (Annexure A/3) was issued in favour of the applicant by promoting him to the post of JWM(SG), but such promotion was given w.e.f. 13.09.2018 on notional basis without granting any arrears of pay. (d) Main Grievance of the applicant is that though pursuant to the order of this Tribunal dated 13.01.2021, the disciplinary proceeding against the applicant was dropped vide Office Order dated 02.08.2021, he has not been granted all the benefits flowing from the retrospective promotion including the monetary benefits. He made detailed representation to the authorities ventilating his grievances against his notional promotion and for releasing the consequential benefits of his retrospective promotion, but to no effect.

Therefore, he has finally approached this Tribunal seeking the aforesaid reliefs.

3. The res