Out-of-turn promotions under Rule 19(ii) fix seniority at bottom of promotion list for the year granted, not requiring antedating regularization.

ORDER (ORAL)

By Hon’ble Mr. Tarun Shridhar, Member (A):

The applicant has approached this Tribunal in the present OA seeking the following reliefs:

“i) quash and set aside the impugned order dated 9.10.2015 placed at Annexure A/1 and

ii) direct the respondents to regularise the out of turn promotion of the applicant w.e.f. the date when he was so promoted with all consequential benefits.

iii) Award costs of the proceedings and

iv) pass any order/relief/direction(s) as this Hon’ble Tribunal may deem fit and proper in the interests of justice in favour of the applicants.”

2. Pursuant to notice, the respondents have filed a detailed counter reply vehemently contesting the averments made in the OA.

3. During the course of the arguments, it has been brought to our notice that the subject of this OA engaged the attention of this Tribunal in OA No. 4276/2015, which was decided on 22.02.2023 by a Bench comprising these very two Members.

4. The order under challenge in the said OA was also the one which is under challenge in the present OA and this Tribunal had held that the claim of the applicant therein was misplaced and accordingly it clearly held that the impugned order does not warrant any interference. For the sake of clarity the said order is reproduced below verbatim:

“The facts that arrive for our consideration in the instant OA are that the applicant was appointed as Sub Inspector (Exe) in Delhi Police on 21.11.1991. Keeping in view his exceptional gallantry and devotion to duty, he was promoted (on ad hoc basis) as Inspector (Exe.) on out of turn basis under Rule 19(ii) of the Delhi Police (Promotion and Confirmation) Rules, 1980 w.e.f. 02.11.1994. He was regularized w.e.f. 02.07.1997 by an order dated 24.01.2000 (Annexure-A/3). In the meanwhile, a Larger Bench of the Tribunal in its Order dated 24.03.2011 in OA No.2047/2006 and OA No.2612/2005 incorporated Rule 19(ii) of the Delhi Police (Promotion and Confirmation) Rules, 1980, whereby it was held that Rule 19(ii) implies that the officers promoted out of turn in any year shall be placed, for the purpose of seniority, at the bottom of promotion list of the year in which out of turn promotion is given. This decision by the Larger Bench of the Tribunal was thereafter challenged before the Hon’ble High Court of Delhi. The Hon’ble High Court did not interfere in the decision. Thereafter, the respondents preferred an SLP before the Hon’ble Apex Court. That was also dismissed. Accordingly, the decision of the Larger Bench dated 24.03.2011 stood confirmed. Thereafter, the applicant preferred a representation to the respondents to antedate his regularization in promotion to extend the benefit of the judgment in favour of the applicant. This representation has been rejected by the respondents by way of the impugned order. Aggrieved by the same, the applicant has preferred the instant OA seeking the following relief(s) :-

“i) quash and set aside the impugned order dated 9.10.2015 placed at Annexure A/1 and

ii) direct the respondents to regularise the out of turn promotion of the applicant w.e.f. the date when he was so promoted with all consequential benefits.

iii) Award costs of the proceedings and

iv) pass any order/relief/direction(s) as this Hon’ble Tribunal may deem fit and proper in the interests of justice in favour of the applicants.”

2. The case of the applicant is that he should have been assigned seniority with effect from 1994 i.e. the year in which his promotion has been given effect to. Learned counsel has relied upon a judgment of the Hon'ble Apex Court in the case of GNCTD & Ors. vs. Ravinder Pal in Civil Appeal No.6283/2015. She draws attention to the rejoinder to additional affidavit filed on behalf of the applicant dated 20.03.2023,