The court ruled that training periods must be included in qualifying service for IAS promotions, mandating restoration of benefits for the delayed promotion.

ORDER

HON'BLE Mrs.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

We have heard both sides in extenso. The applicant has filed this O.A aggrieved by the refusal on the part of the respondents to restore his benefits arising out of the delay in promoting him to the said service.

Briefly speaking the facts are as under - The applicant joined the post of Deputy Collector on 29.10.2005 based on an appointment order dated 09.08.2005 after having secured the 1^st rank in the PSC examination conducted for appointment to the post of Deputy Collector by direct recruitment. Earlier he was working as a Scientist with the Vikram Sarabhai Space Centre under the Department of Space, Government of India. It is submitted that on being appointed as Deputy Collector, the District Collector, Thiruvananthapuram admitted him to duty and posted for in service training prescribed for the Deputy Collectors, a copy of the proceedings dated 02.11.2005 is produced as Annexure A-1. His service was regularized with effect from the date of joining the post and the commencement of training ie., 29.10.2005 as per order dated 27.05.2010. This is produced as Annexure A-2. Subsequent to the training he held various posts in the cadre of Deputy Collector till his superannuation from the State Service on 31.05.2016.

2. It is submitted that the applicant filed O.A.No.226/2012 before this Tribunal with a prayer to consider his past service in the Central Government (VSSC) and to promote him from the State Civil Service to Indian Administrative Service. However, that O.A was dismissed holding that the service rendered in the VSSC cannot be reckoned for consideration for promotion to the Indian Administrative Service. He had completed eight years as Deputy Collector from the date of his joining for training and became qualified and eligible to be considered for promotion as on 01.01.2014, it is claimed. This promotion from State Civil Service was regulated on the basis of the Indian Administrative Service (Appointment by promotion) Regulations, 1955. He submitted a formal representation dated 29.10.2013 to the Head of the Department ie., the Commissioner, Land Revenue Department, which is produced as Annexure A-4, seeking consideration for promotion and the same was duly recommended and forwarded to the 2^nd respondent as Annexure A-5. Since there was no response from the 1^st respondent, a separate request was filed directly before the 1^st respondent, a copy of the said request dated 10.01.2014 is produced as Annexure A-6. As the 1^st respondent did not act upon the representation, he approached this Tribunal by filing O.A.No.180/132/2014 which was disposed of by order dated 05.03.2014 directing the 1^st respondent to take all necessary further action in the matter as highlighted in the representation. A copy of this order is produced as Annexure A-7. Though there was no dispute regarding the inclusion of the training period for eligibility for promotion at the time of the disposal of the aforesaid O.A., the respondents based on the opinion of P&ARD and contrary to all the decisions on the matter issued a letter dated 09.04.2014 rejecting the claim of the applicant for being considered for promotion to the Indian Administrative Service alleging that he did not have the required eight years of service as on 01.01.2014 and that he would complete the same only on 28.12.2014. This is produced as Annexure A-8. As on that date, as per the submission of the applicant, there were 33 vacancies in Indian Administrative Service to be filled in by promotion from Deputy Collectors. This is supported by Annexure A- 19 letter of the