Retired employees are not eligible for notional promotion as per the OM dated 28.12.2023, since the benefits apply to serving employees only.

ORDER (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:

“(a) Call for records of the case from the respondents and on perusal

(b) Quash and set aside the Letter No. 5106/SP-II/A 32013/Misc Repr./P&A/2024/Pers I dated 08.10.2024 (Annexure A7) passed by the 2^nd respondent

(c) Issue a consequential direction to the second respondent to grant notional promotion to the applicant from the date of his eligibility viz., 26.09.2016 on notional basis and to refix the pension and other retiral benefits in accordance in the promoted post with a further direction to draw and disburse the arrears of pension and other benefits forthwith

(d) and grant such other relief/s as this Hon’ble Tribunal deems fit to grant to the applicant in the circumstances of the case including an order as to costs of this OA in the interest of justice.”

2. The applicant who joined government service as Lower Division Clerk on 22.03.1982 acquired locomotor disability in 2006 and was promoted to the post of Superintendent under the Physically Handicapped category vide office order dated 23.10.2008. He was further promoted as Administrative Officer and retired on 30.11.2018 on attaining the age of superannuation. Pursuant to the OM dated 28.12.2023 issued by the DOPT in consequent to the judgment dated 30.06.2016 passed by the Hon'ble Apex Court in Rajeev Kumar Gupta & Ors. Vs. Union of India & Ors. in WP (C) No. 521/2008 andSiddaraju vs. State of Karnataka and Ors in Civil Appeal No. 1567/2017, the applicant claimed promotion to the post of Assistant Director in Geological Survey of India (GSI) by submitting the representation dated 28.02.2024 and the reminder dated 21.08.2024. In response, the 2^nd respondent has issued the impugned communication dated 08.10.2024 rejecting the claim of the applicant. Being aggrieved, the applicant has preferred this OA.

3. Learned counsel Shri B.S. Venkatesh Kumar representing the applicant submitted that the OM dated 28.12.2023 has come into force with effect from 30.06.2016 and since as on that day the applicant was in service, he was eligible for promotion having completed three years service in the feeder post for grant of notional promotion, if need be, by creating supernumerary post. In pursuance of Rights of Persons with Disabilities (RPWD) Act, 2016, DOPT has issued the OM dated 28.12.2023 pursuant to the directions issued by the Hon'ble Apex Court in Rajeev Kumar Gupta, supra, regarding reservation to PWDs in Group ‘A’ and ‘B’ posts, irrespective of mode of filling of such posts. In Siddaraju, supra, the Hon’ble Apex Court had directed the Union and State Governments to strictly follow the judgment of Rajeev Kumar Gupta, supra. The effective date of implementation was stated to be 30.06.2016 on notional basis and actual basis from the date of assumption of the charge of the post. Placing reliance on the order of this Tribunal in OA No. 403/2020 (P.K. Sadanandan vs. Union of India & Ors., DD: 04.01.2022), learned counsel submitted that the applicant is entitled to the reliefs claimed notwithstanding his retirement. Reference was made to the order of this Tribunal (Principal Bench) in OA No. 1657/2022 (Ravindra Kumar Gupta vs. Union of India & Ors., DD: 29.02.2024) in support of his case.

4. Learned counsel Shri S. Prakash Shetty representing the respondents referring to the reply statement filed on behalf of the respondents submitted that the OM dated 28.12.2023 is not applicable to the