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2024 Supreme(Online)(CAT) 16443
CENTRAL ADMINISTRATIVE TRIBUNAL
Mrs. Harvinder Kaur Oberoi, J, Dr. Sumeet Jerath, A
A.S. Yadav – Appellant
Versus
North Delhi Municipal Corporation – Respondent
OA No.1333/2017
For the Appellants/Petitioners: Mr. Sanjiv K. Jha, Mr. Sachin Bhatt
For the Respondents: Ms. Sriparna Chatterjee
Promotion and financial benefits of government employees must align with disciplinary outcomes, requiring clear rationale from authorities for any denials.
Headnote:The case revolves around the principles of promotion and financial benefits stipulating eligibility under specified service rules. The applicant contesting the granted notional promotion argues for rightful financial entitlements dating back to the year 2008, based on exoneration from departmental inquiries. The Court addressed pertinent issues including the necessity of adhering to due processes as outlined in relevant OM provisions and previous judicial mandates while directing a reassessment of the applicant's claims. The determination reinforced that reasons must accompany any denial of financial benefits.
Result: OA is disposed of accordingly.
| Table of Content |
|---|
| 1. promotion eligibility and financial benefits depend on service rules and disciplinary outcomes. (Para 1 , 2) |
| 2. arguments emphasize the necessity for clear justification when financial benefits are denied. (Para 17 , 18) |
| 3. court discusses administrative reasons for promotions and the implications of employee exoneration. (Para 19 , 20 , 21) |
| 4. the court directs a reassessment of the applicant's financial claims based on established precedents. (Para 22 , 23) |
| 5. final disposition of the case with directives for resolution. (Para 24) |
ORDER
Hon’ble Mrs. Harvinder Kaur Oberoi, Member(J)
The present Original Application has been filed by the applicant being aggrieved by the order of the respondents vide which the respondents had granted the applicant notional promotion only, from 15.12.2008 to the post of Executive Engineer (Civil) on adhoc basis with actual benefits of salary for the said post from 21.07.2016.According to the applicant, the respondents were supposed to grant him promotion and its attending financial benefits to the said post from 15.12.2008 when his juniors were promoted and the applicant’s name was kept in sealed cover due to a frivolous departmental inquiry initiated against him. The applicant was exonerated from all charges vide order dated 25.06.2015.
2. The applicant had submitted his representation on 29.07.2015 (Annexure A/9) requesting the competent authority to open the sealed cover so as to give effect to the recommendation of DPC contained therein. No action on his representation was taken, and the applicant was constrained to issue a legal notice on 26.10.2015 seeking opening of the sealed cover. By office order dated 21.07.2016, the applicant was promoted, as Executive Engineer (Civil) with immediate effect. Vide this order, the applicant became entitled for all the benefits of the post of Executive Engineer (Civil), however, w.e.f. 21.07.2016 instead of 15.12.2008. Subsequently,on 12.01.2017, applicant has also been granted regular promotion as Executive Engineer (Civil) w.e.f. 28.12.2016. The regular promotion of the applicant along with the direct recruits of Assistant Engineers of 1997 batch confirms that there is no legal impediment in considering the adhoc promotion of the applicant from 15.12.2008 to 21.07.2016 for grant ofattending financial benefits.
3. The applicant had earlier approached this Tribunal by filing OA No.872/2016. During pendency of that OA, the office order dated 02.03.2017 was issued when he was granted notional adhoc promotion as Executive Engineer (Civil) from 15.12.2008 but with pay and benefits from 21.07.2016 only. The applicant, therefore, sought permission from the Tribunal to withdraw that OA No.872/2016 with liberty to file a fresh OA. The applicant was permittednot only to withdraw but liberty as sought was also granted. Hence, the applicant has filed the present OA seeking the following relief(s):-
“(a) Direct the Respondent to consider the Applicant as an ad-hoc promote from 15.12.2008 and give all pay and attending benefits from 15.12.2008 in the scale which stood revised to Pay Band-3 along with all consequential benefits; &
(b) Direct the Respondent to modify/amend the office order dated 02.03.2017 and to give effect to the promotion of the Applicant from 15.12.2008 along with pay scale in Pay Band 3, Rs.15600-39100 + Grade Pay Rs.6600/- from 15.12.2008.
(c) Pass any other/further order(s) in favour of the Applicant and against the respondents.”
4. The respondents have filed their counter affidavit. They have stated that applicant was appointed as Assistant Engineer (Civil) on 21.07.1998 under Direct Recruitment Quota and stands at seniority No.379 in the Revised Final Seniority List of Assistant Engineer (Civil) issued by the Engineering Department (HQ) vide circular dated 10.03.2016. The next higher post is Executive Engineer (Civil). As per existing notified RRs to the post of Executive Engineer (Civil), Assistant Engineer (Civil) with five years regu
