Delayed DPC cannot deprive retired employee of notional promotion if found 'FIT' for earlier vacancies per DoPT guidelines.

ORDER

(Pronounced by Hon'ble Mr. Manish Garg, Member(J))

1. This OA has been filed by the applicant, seeking the following reliefs:-

“To call for, examine the records relating to the proceedings No. 18-22/2015-SEA-I dated 26.04.2016 and No. 18-22/2015- SEA-I dated 16.06.2016 passed by the respondents and quash the same as arbitrary, illegal and discriminatory and direct the respondents to promote the applicant to Junior Time Scale (Group A) of the Indian P&T Accounts and Finance Service on regular basis, from the date of his superannuation i.e. 30.09.2015 notionally and direct the respondents to re- fix his pay and other retirement benefits and pass such further orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of this case and thus render justice.”

2. The facts of the case, as submitted by the Applicant, are as follows, in brief:-

2.1. The applicant was promoted to the cadre of Accounts Officer, in the year 2007 and subsequently promoted as Senior Accounts officer w.e.f. 01.07.2010 on regular basis in the pay scale of Rs. 15600-39100 (Pay Band- 3) with G.P. Rs. 5400/-. The applicant was eligible for promotion to Junior Time Scale (J.T.S) (Group A) of the Indian P&T Accounts and Finance Service. But, as there were more regular S.T.S vacancies over and above the vacancies in J.T.S level, the applicant was promoted on ad hoc basis to the post of Dy. Director in Senior Time Scale (S.T.S.) by order No. 30- 10/2002/PACE/KW/Pt/995-1014, dated 06-06-2013, of Department of Posts and order No. 27-2/2012-SEA-I, dated 26-08-2013, and order No. 27- 1/2014-SEA-I, dated 28-08-2014, issued by the 1^st respondent with restrictions of pay benefits as mandated under FR 35 and the applicant assumed the promotional post as Dy. Director of Accounts, O/o Director, Postal Accounts, Trivandrum, on 22-07-2013 and continued as such till his superannuation on 30.09.2015.

2.2. The applicant learnt that 9 vacancies were earmarked under 'UR' category for J.T.S. for the 'vacancy year 2015-16' and the respondents have conducted the DPC for filling up the above vacancies on 09.11.2015 . The applicant was found 'FIT' for promotion by the DPC and his name appears at Sl. No. 5 in the list recommended by the DPC for promotion to the Junior Time Scale (Group A) of the Indian P&T Accounts and Finance Service in the Department of Telecommunications. However, as the applicant had retired on superannuation on 30.09.2015, the respondents have suo moto deleted the name of the applicant and instead promoted his juniors in the extended panel against his vacancy.

2.3. The applicant submits that as per DOPT guidelines, dated 08.09.1998, and reiterated in O.Ms, dated 14.11.2014, and 23.04.2015, for the 'vacancy year' 2015-16, the DPC should have been held between August 2014 and January 2015 and the approved list ought to have been released before 31.03.2015. But the respondents have conducted the DPC only on 09.11.2015, i.e. more than a year behind the mandated schedule and as a result, in spite of availability of clear regular vacancies and the applicant being well within the zone of consideration and after having been found 'FIT' for promotion to Junior Time Scale (Group A) of the Indian P&T Accounts and Finance Service, the applicant was not promoted to J.T.S. though he was officiating in still higher post.

2.4. The applicant's representations to the 2nd respondent on 21.03.2016 and the appeal to the 1st respondent seeking grant of notional promotion to J.T.S. have been rejected stating that on the date of issue of promotion order, the applicant was not in service.

2.5. Aggrieved, the applicant has filed this OA.

3. The main grounds raised by the applicant are as under :-

i. By order dated