Promotions are prospective; backdated/notional seniority does not automatically create eligibility for earlier promotion. Actual date of assumption of duties and three years of actual service in the grade govern eligibility for the next promotion, unless a rule expressly provides otherwise.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunal’s Act. 1985 to claim the following reliefs:

“(1) To call for the records leading up to the issuance of Annexure A22 / speaking order dated 17.04.2021, quash Annexure A22 order passed by R4, and direct Respondents to replace it with new speaking order making the Applicants entitled for financial benefits, payments and allowances, pertaining to their promotion to Master Grade II for the period 1^st April 2011 till 10^th April 2014.

(ii) To call for the records leading up to the issuance of Annexure A23 dated 20.04.2021 and quash Annexure 23 order, and direct the Respondents to replace it with new "Panel for promotion to the Master Grade-1" specifying that the Applicants are eligible candidates for the vacancy year 2015 by promotion or by direct recruitment.

(iii) To call for the records leading up to the issuance of Annexure A24 dt.21.4.21, declare that the seniority date of the Applicants specified as 21.02.2021 is erroneous, and declare that the Applicants are promoted and are provided seniority to Master Grade I from (1^st April 2014, i.e., 3 years from 1^st April 2011), or alternatively with effect from 20.10.2015, (date when certificate of competency is acknowledged by Respondents), with all consequential benefits including arrears of pay and allowances from such promotion date, payable within a specific time frame.

(iv) To call for the records leading up to the issuance of Annexure A31 dated 31st October 2022 (referred via 8th November 2022 letter) and quash the same; and direct the Respondents to amend and correct the seniority list specifying that the Applicants are number 2 and 3 in the seniority, and before Mr. Srikanta Maniklal Mondal.

(v) Grant such other relief or reliefs that may be prayed for or that are found to be just and proper in the nature and circumstances of the case.

(vi) Grant cost of this O.A.”

2. The reliefs are claimed based on the grounds as mentioned in paragraphs 5(A) to 5(P) of the Original Application. The brief facts of the case of the applicants are that applicant No 1 and No 2 were appointed as Sukhani (Boat Crew) Syrang of Lascar in Commander of Yard, Naval Base, Karwar with effect from 28th March 2007. As per the Non-Industrial Posts (Boats Crew) Recruitment Rules, 1981, a Syrang will be promoted to the post of Master Grade II upon completion of 3 years of service as Syrang of Lascars.

3. By the order of this Tribunal dated 03.10.2016 in OA No. 170/01667-01671/2015, the Applicant No.1 and Applicant No.2 were promoted as Master Grade II. However, the effective date of promotion to Master Grade II was untouched.

4. The applicants further assert that, via another promotion order dated 28.02.2019, the applicants' effective date of promotion to Master Grade II was revised to 8th February 2019 and the date of seniority was 01.04.2011. Thereafter, via amendment of promotion order dated 22nd October 2019, it was clarified that the applicants are entitled to Master Grade II payments from the date of seniority, i.e., 01.04.2011. Currently, this is the seniority date of the applicants in Master Grade II. The applicants procured the "Certificate