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2025 Supreme(Online)(CAT) 4650
CENTRAL ADMINISTRATIVE TRIBUNAL
Mrs. Pratima K. Gupta, J, Dr. Chhabilendra Roul, A
Sh Anand Shekar S/0 Sh S.G. Shekar – Appellant
Versus
Union of India & Others – Respondent
O.A. No. 192/2024 | M.A. No. 3883/2024
For the Appellants/Petitioners: Mr. Navjeet Singh
For the Respondents: Mr. ND Kaushik, Mr. Sumit Kumar
The court upheld that merely qualifying for an examination does not guarantee promotion; merit and vacancies are decisive.
Headnote:The applicants, who belong to the Unreserved (UR) category, were eligible for promotion to the post of Assistant Accounts Officer upon qualifying the Subordinate Accounts Service Examination (SAS) conducted as per revised Recruitment Rules on 02.04.2018. The court determined that while the applicants secured minimum qualifying marks, they did not achieve merit sufficient compared to the last selected candidate, leading to their non-promotion. The applicants challenged the fairness of the selection process and highlighted discrepancies encountered during recruitment. The court upheld the promotion merit-based principle and dismissed the application.
| Table of Content |
|---|
| 1. promotion eligibility criteria as defined by recruitment rules. (Para 1 , 2) |
| 2. challenge to the promotion process and applicants' assertions. (Para 3 , 4) |
| 3. court's validation of merit-based promotion. (Para 5 , 6) |
| 4. responses elaborating on the legal framework governing promotions. (Para 7 , 8) |
| 5. final determination on the dismissal based on merit. (Para 9 , 10 , 11) |
| 6. concluding remarks and dismissal of the o.a. (Para 12 , 13 , 14) |
ORDER (ORAL)
Hon’ble Mrs. Pratima K. Gupta, Member (J):-
1. Today, M.A. No. 3883/2024 has been preferred seeking interim relief. However, with the consent of the learned counsel for the parties, the O.A. is being heard finally.
2. The applicants, who belong to the Unreserved (UR) category, while working at various Group B (Non Gazetted/C Posts/ Grades were eligible for promotion to the post of Assistant Accounts Officer upon qualifying the Subordinate Accounts Service (SAS) Examination or equivalent examination. The Recruitment Rules (RRs) for promotion to the post of Accounts Officer/Assistant Accounts Officer were revised on 02.04.2018. Pursuant to the revised RRs, the respondents notified the SAS examination on 19.04.2018. The SAS examination was conducted between 05.07.218-08.07.2018. All the applicants participated in the said examination and obtained the qualifying marks of 40% in each paper. Thereafter, the respondents issued a merit list and promotion cum posting orders were issued on 01.10.2018 for 949 candidates; however, the list did not contain the names of the present applicants. The marks obtained by each of the applicants were informed to them through SMS in the last week of November, 2018. Aggrieved by their non-selection, the applicants approached the concerned officials on various dates agitating their grievances. However, on 20.01.2020 since all the selected candidates did not join within the stipulated time frame an extension of one month was extended to them. Thereafter, from 15.03.2020 to 28.02.2022 the entire country was in the grip of Covid 19 pandemic. In view of the non-joining of the selected candidates, the merit list was brought down to 777 candidates in the UR category, yet the names of the present applicants have been ignored. Aggrieved by the same, the applicants have preferred the present O.A. seeking the following relief(s):-
“i) Quash the impugned order dated 28.03.2023 (Annexure A-1).
ii) Call for all records, Quash and set aside the impugned promotion orders dated 01.10.2018 (Annexure A-2) and subsequent promotion orders dated 20.1.2020, 20.1.2020, 30.3.2020, 10.6.2020, 4.9.2020 17.9.2020 for AAO and promotion order after fresh exam dated 02.12.2022 for AAO (Annexure A-3 (Colly)), the Gradation list dated 13.10.2020 (Annexure A-4), promotion order both dated 17.05.2022, 29.06.2022 and 4- 14/2022/PACE/Vol IV 3465 to 3593 dated 01.12.2022 for AO O(Annexure A-5 (Colly)) and/or any left out unknown promotion order, if any of AAO resultant to LDCE 2018 and LDCE 2022 to the extent being illegal and against the statutory rules.
iii) Call for the records/ DPC Proceedings held as per Annexure A-13 / or records leading to the issue of Annexures A-2 to A-5 (Colly) and quash and set aside the same DPC to the extent they proceeded as against provisions ofDOP&T OM Nos 22011/5/86- Estt(D) dated 10.04.1989, 22011/9/98-Estt (D) dated 08.09.1998 and 2201114/20 13-Estt (D) dated 08.05.2017 (Annexure A- 8 (Colly)) and 35034/7/97-Estt (D) dated 08.02.2002, (Annexure A-10 (Colly));
iv) Pass an order directing respondents to consider the applicants for promotion to the post of AAO in the order of their seniority as per year wise vacancies taking crucial date of eligibility at least as on 01.04.2017 and 01.01.2018 respectively in terms of Annexures A-6, A- S(Colly) and A- lO(Colly) from the date of 01.10.2018 and further promotion to the grade/post of Accounts Officer as per seniority from the date of juniors have been promoted by holding validly constituted Review DPC with
