Promotions must reflect due dates based on eligibility; administrative delays cannot prejudice entitled employees.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicants in the above captioned six (06) Original Applications are claiming similar relief on the same grounds and the facts are also similar in all these OAs, therefore, these have been taken up for hearing together and disposed of by a common order, with the consent of learned counsel for the parties.

2. The applicants in these Original Application are claiming benefit of promotion and its consequential benefits from the date of commencement of vacancy year against which they have promoted and have sought quashing of orders whereby their seniority and financial benefits have been ordered to be effective from the date of assumption of charge of promoted post. For the sake of convenience and to avoid repetition of details, the facts are being taken from O.A. No. 464/2020 titled Sunil Rana and Others Vs. Union of India and Others. The relief, as claimed in this O.A. is as under:-

i) That the Annexures A-1 to A-4 dated 22.03.2019, 23.12.2019, 25.01.2020 and 04.02.2020 be quashed and set aside.

ii) It be declared that the applicants are entitled to promotion with all consequential benefits w.e.f. due date i.e. 01.04.2016 and 01.04.2018 respectively.

iii) It be further declared that once the promotion have been made after holding regular DPC against the regular vacancies the word ’adhoc’ mentioned in the promotion order be declared as misnomer.

3. The facts of the case (as taken from O.A. No. 464/2020), in nutshell, are that all the applicants are presently working as FGM HS-II Refg. Mechanic HS-II, Electrician HS Grade-II, Pipe Fitter HS Grade-II, Vehicle Mechanic HS Grade-II respectively under Respondent No. 3. All the applicants were promoted as Skilled Category in the year 2011- 2012 and 2014 respectively. The next channel of promotion of the applicants from the post of Skilled Grade is to that of Highly Skilled Grade-II and as per Rules Skilled Grade employee become entitled for promotion after rendering three years service and the criteria is for passing of relevant trade test. The applicants became eligible for promotion for the post of Highly Skilled Grade-II in the year 2015. The respondents convened DPC for promotion to various categories of the vacancies of the year 2014-2015 vide letter dated 14.09.2018 (Annexure A-6) and employees, who were within the zone of consideration, were promoted w.e.f. 01.04.2015 on adhoc basis. Their pay was fixed w.e.f. 01.04.2015 with all consequential benefits and their seniority was also ordered to be reckoned from 01.04.2015 as is evident from PTO No.39/2018 dated 24.09.2018 (Annexure A-7). They have also been paid arrears from 01.04.2015 as is evident from supplementary bill prepared on 14.01.2019 (Annexure A-8).

4. On the other hand, the applicants became eligible in 2015 but they come within the zone of consideration for the vacancies of the year 2015-2016 for which the DPC was conducted in 2019 and promotion order of the applicants were issued against the vacancy of the year 2015-2016 and the effective date of promotion is from 01.04.2016 but it has been mentioned in the promotion order that financial implication will be from the date of exemption of higher appointment and that seniority will also from the said date (Annexures A-1 to A-4). Similarly, number of other individuals namely Sh. Mewa Singh, MES No.370345, Sh. Jarnail Singh, MES NO.312817, Sh. Amarjit Singh, MES No.374490, Sh. Baldev Singh, MES No.374814, Sh. Rakesh Kumar, MES No.373545 were promoted along with applicants and their pay has been fixed by the respondents w.e.f. their date of eligibility and they have