An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.

ORDER (ORAL)

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application is filed under Section 19 of the Administrative Tribunals Act 1985, claiming the following reliefs:

“1. To direct the respondent No.1 to consider the applicant for promotion to the post of Asst. Director (Civil Engineering) from the date of his eligibility to the promotion post i.e., 7th June 2017.

II. Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.”

2. The reliefs are claimed based on the following grounds:

“A) The applicant submits that there are 3 sanctioned posts for the cadre of Asst. Director (Civil Engineering). In accordance with the provisions of RRS 33% by promotion and 67% by direct recruitment.

B. Therefore, the applicant submits among three posts 1 post should be filled up by promotion and 2 posts through Direct Recruitment.

C. In accordance with the CICEF letter dated: 30-04-2024 (Annexure-A6) the applicant is the only candidate eligible for the promotion to the post of Asst. Director(Civil Engineering).

D. The applicant submits that the post of Asst. Director(Civil Engineering) was vacant from 2014, though the applicant was eligible in accordance with RRS 2003, 2016, from 2015, 2017, the post is not filled up, and filling on adhoc basis from16-8-2022.

E. Therefore, the applicant prays that Hon'ble Tribunal may pleased to issue a direction to respondent No.1 to consider the applicant for promotion to the post of Asst. Director(Civil Engineering) from the date the applicant became eligible. Hence the O.A.”

3. The brief facts of the case as mentioned in the synopsis are that the applicant is a Civil Engineer with a diploma and engineering degree and presently working as Assistant Engineer (Civil) since 7thJune 2012 in Central Institute of Coastal Engineering for Fishery (CICEF), a subordinate office under the Department of Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying. Government of India. The next higher post to the Assistant Engineer (Civil) is Assistant Director (Civil Engineering). As per the Recruitment Rules in force as of 07th November 2003, an Assistant Engineer (Civil) to be promoted to the post of Assistant Director (Civil Engineering) required five years' regular service in the grade.

4. Subsequently, the Recruitment Rules were amended on 31st May 2016. As per the amended rules, an Assistant Engineer(Civil) with three years' regular service and having successfully completed training in Coastal Engineering or structures or erosion and protection work from a recognized training institute is eligible for promotion. The applicant completed five and three years of regular service on 6th June 2017 and 06th June 2015 respectively. Since there was a delay in filling up the post, the applicant was promoted to the post of Assistant Director (Civil Engineering) in Central Institute of Coastal Engineering for Fishery on an adhoc basis for a period of one year or till the post is filled on a regular basis with effect from 17thAugust 2022.

5. Instead of filling up the post by promotion on a regular basis, a proposal was sent to DOPT to extend the adhoc promotion for a further period of six months. Ministry vide letter No.4-6/2022- Admn.V dated: 22nd August 2023, conveyed the advice of the DOPT in which DOPT had advised to complete the process of amendment of recruitment rules and fill up the post on a regular basis. Recruitment Rules for the post of Assistant Director (Civil Engineering) have been amended vide GSR No.47 dated: 20th April 2024. As per provision in the RRs, the Assistant Engin