No vested right to promotion exists if the position was downgraded before approval, despite eligibility.

ORDER

Delivered by Justice Rajiv Joshi, Member (Judicial)

Heard Shri J. Nagar, learned Sr. Advocate assisted by Ms. Amita Yadav, learned counsel for the applicant and Shri Pankaj Srivastava, learned counsel for the respondents.

2. Instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief(s):-

“i. The Hon’ble Tribunal may graciously be pleased to quash the impugned letters dated 22.09.2003 (Annexure A-1), 01.07.2004 (Annexure A-2) and 04.08.2005 (Annexure A-3) respectively and allow all consequential benefits to the applicant, including seniority.

ii. The Hon’ble Tribunal may further be pleased to direct the respondents to promote the applicant on the post of Senior Private Secretary in the pay scale of Rs.7500-12000- with effect from September 2001 and pay him the arrears of Salary with interest up to the date of payment.

3. The brief facts of the case, as stated in the Original Application, are that the applicant was appointed as an Ordinary Grade Stenographer in the Office of the Accountant General, Uttar Pradesh, Allahabad on 30.05.1971. In the year 1984, the Comptroller and Auditor General of India decided to reorganize the combined Audit and Accounts offices into two separate wings, namely, Accounts & Entitlement and Audit, with independent cadres. Consequent upon such bifurcation, the offices in Uttar Pradesh were re-designated and the staff was allocated separately to the Accounts Side and the Audit Side.

3.1 The applicant was allocated to the Accounts & Entitlement Side, where the cadre controlling authority was the Accountant General/Principal Accountant General (Accounts & Entitlement)-I, Uttar Pradesh, Allahabad. According to the applicant, instructions and guidelines issued by the Comptroller and Auditor General of India and the Government of India were binding upon all field offices of the Indian Audit and Accounts Department and were required to be followed uniformly.

3.2 The applicant was promoted and has been working as Private Secretary on the Accounts & Entitlement Side with effect from 25.04.1996. As pleaded, in the year 1986 the office of the Accountant General (Accounts & Entitlement)-I, Uttar Pradesh was re-designated as the Office of the Principal Accountant General (Accounts & Entitlement)-I, Uttar Pradesh, Allahabad, who continued to function as the cadre controlling authority on the Accounts Side.

3.3 Vide letter dated 03.08.2001 issued by the Office of the Comptroller and Auditor General of India, one post of Private Secretary in the pay scale of Rs.6500–200–10500 was upgraded to the post of Senior Private Secretary in the pay scale of Rs.7500–250– 12000. As per the said letter, the upgraded post was attached to the Accounts & Entitlement Side under the Principal Accountant General (Accounts & Entitlement)-I, Uttar Pradesh, Allahabad and was to be filled by promotion on the basis of seniority-cum-fitness from amongst eligible Private Secretaries having three years’ regular service, through a Departmental Promotion Committee already constituted.

3.4 The applicant has pleaded that after issuance of the said up- gradation order, the post of Senior Private Secretary was not filled up from September 2001 onwards. During the said period, the then Principal Accountant General (Accounts & Entitlement)-I, Uttar Pradesh, Allahabad functioned as the cadre controlling authority. According to the applicant, no meeting of the Departmental Promotion Committee was convened during the tenure of the said authority for cons