Promotion denial due to administrative lapse mandates correction, granting retrospective promotion to maintain fairness, highlighting employee rights against departmental negligence.

ORDER

Hon’ble Mr. RajinderKashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act , 1985, the applicant is seeking the following reliefs:-

"(a) Directing the respondents to place the relevant records pertaining to the present O.A. before the Hon'ble Tribunal for the proper adjudication in the matter.

(b) Quash and setting aside the impugned consequential order dt. 17.07.18 (Annexure A/1) issued in compliance of the directions of the Tribunal on dt.08.01.18 in OA No. 339/17 declining the request of the applicant for antedating the date of promotion of the applicant, i.e., 12.12.02, the date from which the juniors of the applicants were promoted with consequential benefits after declaring the same is as illegal, unjust, arbitrary, deliberate, biased, perverse, discriminatory, bald and cryptic order also and contrary to the settled principles of law.

(c) Allowing the OA of the applicant with all other consequential benefits namely antedating the promotion, arrears of pay differences with interest etc. and costs.

(d) Any other fit and proper relief may also be granted to the applicant."

FACTS OF THE CASE

2. The applicant was duly appointed as a Trained Graduate Teacher (Hindi) under the respondents with effect from 19.02.1980, after completion of all requisite formalities, and had been continuously serving with the respondents.

2.1 The seniority list of Language Teachers Male for the period from 1947 to 1985 (Annexure A/2) was circulated containing the name of the applicant at SI. No.1292 and Seniority Position No.1259. Subsequently, the respondents issued an order dated 10.05.2002 (Annexure A/3) circulating the tentative list of TGT's for inviting objections' containing the name of the applicant at SI.No .51. The relevant portion of the said order reads as under:-

"The department has prepared a short tentative eligibility list of TGT's for promotion to the post of PGT's in different subjects after taking into account the left over cases in the previous eligibility lists and the application received with reference to this Office Circular No.DE-2(2)(1)/2001-02/E.-II/ 11973 -12973 dated 08.10.2001. One set of such list is meant for each School for wide publicity among the eligible teachers. The requisite numbers of sets as per requirement of district are being sent. You are requested to send one set of these lists to each School under your administrative control for information and publicity.

Eligible teachers who had earlier applied may see their particulars in these lists and submit their objections, if any giving their date of appointment, subject and seniority number in the Establishment-II branch directly on any working day between Office hours. The last date for submitting the objections is 31.05.02. The objection received after this date in Establishment-II branch shall not be considered."

2.2 The relevant portion of the said Eligibility list of TGT Male for promotion to the post of PGT (Hindi) is quoted as under:

2.3 Accordingly, during the period 2001/02, the Head of Schools submitted/forwarded the relevant papers of the eligible candidates for promotion of the Language Teachers, including the case of the applicant along with his batch mates and juniors for promotion to the post of Lecturer. However, the respondents vide order dated 12.12.2002 (Annexure A/4) promoted his batch mates as well as his juniors to the post of Lecturer, but the name of the applicant was missing in the list of such promotees and his name was kept in the list of withheld cases on the ground that the complete service records viz.

ACR's, Vigilance clearance, work and conduct report had not been made available. The relevant portion of the same reads as under:-

"Hindi (Male) General