The Tribunal ruled that promotions cannot be reversed without adequate justification, maintaining that DPC procedures must adhere to established legal standards.

ORDER

Hon’ble Mr. Manish Garg, Member (J):

In the instant OA, the applicant seeks the following reliefs:

“(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dt.25.11.2022 only inrespect of the applicant and consequently, pass an order directing the respondents to maintain the promotion of the applicant to the Junior Account officer wef 20 12 2018, if necessary to create a supernumerary post and also to maintain the promotion to the post of Assistant Account officer w.c.f. 27.7.2021 with all consequential benefits.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dt. 13.12.2022 only to the extent of not including the name of the applicant for promotion to the post of Jr. Accounts officer on the basis of conducting Review DPC for 10 posts and consequently, pass an order directing the respondents to include the name of the applicant as promoted to the post of Jr. Account officer w.e..f 20.12.2018 after conducting review DPC on all available 17 posts and if necessary, to create a supernumerary post to avoid reversion of the applicant.

(iii) That in case of not granting the above prayed relief (1) & (ii) for any reason, the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to consider and to promote the applicant to the post of Jr. Administrative officer and Asstt. Administrative Officer and further to the post of Administrative officer at par with her junior on the basis of her feeder post of UDC with all the consequential benefits (iv) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dt.3.4.2023 (Annex.A/3), declaring to the effect that the same is illegal, arbitrary and against the law of land.

(v) 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. Vide its order dated 27.09.2023, this Tribunal observed as under:

“1. Notice in the matter was issued on 24.04.2023. Thereafter, the matter was listed for consideration of the applicant’s prayer for interim relief on 10.08.2023, 22.08.2023 and today. It is seen that the respondents were granted time on different occasions to file reply to the applicant’s prayer for interim relief.

2. Today, once again learned counsel for the respondents prays for further four weeks’ time to file reply. He states that since the impugned order was issued on 03.04.2023, six months have passed, therefore, let the OA be decided expeditiously and the Tribunal may not interfere in the applicant’s prayer for interim relief. While drawing attention to the impugned order he states that the applicant has been reverted in view of the review DPC held on 01.11.2022 and the matter requires consideration.

3. Learned counsel for the applicant prays for grant of interim relief as set forth in para 9 of the OA, which reads as under:-

“Pending final disposal of the main OA, the Hon’ble Tribunal may graciously be please to pass an order restraining the respondents to revert the applicant from the present post of Assistant Accounts office and also directing the respondent not to reduce the pay of the applicant till the final disposal of the main OA. Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant.”

4. Briefly, learned counsel for the applicant explains that the applicant was initially appointed as LDC with effect from 28.10.1993 and was promoted to the post of UDC in the year 2000. Thereafter, pursuant to her success in LDCE, she was promoted to the post of Junior Accounts Officer with effect from 20.12.2018, her name finds mention at serial No.10. Thereafter, she was further promoted to the post of Assistant Acco