Prior service counts for promotion eligibility, but notional promotion does not entitle to arrears of pay, adhering to the principle of 'no work, no pay'.

ORDER

PER: JUSTICE B.K SHRIVASTAVA, MEMBER (J)

This Original Application has been filed on 17.10.2024 along with a Miscellaneous Application No.170/619/2024 for condonation of delay, seeking a direction to the respondents to conduct review DPC and consider the name of the applicant for promotion as Senior Tax Assistant from 15.1.2021 with all consequential benefits. The reliefs claimed in paragraph 8 of the Original Application are as follows:

“A) In view of the facts and grounds enumerated above, it is most respectfully prayed that the respondents may be directed to conduct review DPC and consider the name of the applicant for promotion as Sr.T.A from 15.1.2021, with all consequential benefits.

B) Any other appropriate writ, order or direction, which may be considered just and proper in the facts and circumstances of the case, may be issued in favour of the applicant.”

2. The applicant also filed M.A No.170/619/2024 to condone the delay in filing the Original Application. The respondents opposed the aforesaid Miscellaneous Application. After consideration, looking to the reasons assigned, by taking a liberal approach, the M.A No.619/2024 is allowed, and the delay is hereby condoned.

3. As per the applicant, she joined the service as Tax Assistant in the Income–tax Department, Lucknow Region on 1.8.2016. Thereafter, upon inter-charge transfer, she joined the Karnataka & Goa Region on 20.11.2020. She completed qualifying service of three years as Tax Assistant on 31.07.2019 and became eligible for promotion as Sr.T.A w.e.f 01.08.2019. The respondents issued the promotion order dated 15.1.2021, but the name of the applicant has not been considered in the aforesaid list. She filed representation dated 07.09.2021, but no action has been taken by the respondents.

4. The respondents filed their reply statement on 23.01.2025. It is submitted by the respondents that the applicant herself submitted the representation for inter-charge transfer on 19.12.2019. Thereafter, she also executed an undertaking on a stamp paper on 19.2.2020 vide Annexure R-2. The applicant reported for duty in Karnataka & Goa Region on 20.11.2020 in pursuance of an office order dated 13.10.2020. Because the applicant was already promoted as Senior Tax Assistant in Lucknow region, therefore as per rule, after receiving the inter-charge transfer order, she was reverted to the post of Tax Assistant and relieved on 19.11.2020. The claim of the applicant to consider her as eligible for promotion to the post of Senior Tax SHAINESHAINEY VIJU Assistant by counting the services rendered by her in UP East Lucknow region is in violation of the conditions stipulated in the order approving her inter-charge transfer.

5. It is submitted by the applicant that, for the purpose of eligibility, her previous service should be counted as per the judgment passed by the Hon’ble Supreme Court in the case of Pratibha Rani v. Union of India and Others in Civil Appeal Nos.3792-3793 of 2019, dated 10.4.2019. On the other hand, it is submitted by the respondents that, in the case of Pratibha Rani (Supra), the Hon’ble Supreme Court has not issued any directions for implementation of the aforesaid order in identical cases also. Therefore, the aforesaid decision is not applicable in the case of the applicant herein.

6. In this case, the consequential benefits are also claimed b