Notional promotion may be granted retrospectively despite applicant's retirement if found eligible by the departmental promotion committee.

ORDER (Oral)

Per : Shri Sangam Narain Srivastava, Member (A)

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8(a) this Hon'ble Tribunal may be pleased to call for the records of the case and, after examining the same, be further pleased to quash and set aside order dated 01.11.2023 and direct the Respondents to hold Review DPC for vacancy year 2020 to consider Applicant's case for notional promotion to the post of Assistant Commissioner;

8(b) This Hon'ble Tribunal may be pleased to pass appropriate Order in favour of the Applicant directing the Respondents to conduct Review DPC;

8(c) This Hon'ble Tribunal may be pleased to issue appropriate direction to the Respondents to hold DPC for the post of Assistant Commissioner and the promotion to be given retrospectively from the date of vacancy 2020 with all consequential benefits as per the entitlement of the Applicant as the Respondents failed to conduct DPC in time;

8(d) this Hon'ble Tribunal will be pleased to pass such other and further orders as deem fit in the fact and circumstances of the case;

8(e) the cost of this application be awarded to the applicant.”

2. The facts, as narrated by the applicant, are that the applicant was appointed as Inspector of Central Excise on 21st October, 1985. Thereafter, he was granted First Financial Upgradation under the MACP Scheme w.e.f. 09th August, 1999 and was promoted to the Grade of Superintendent of Central Excise, Group ‘B’ on ad-hoc basis on 29th June, 2007. The applicant came to be granted Second Financial Upgradation under the MACP Scheme w.e.f. 01st September, 2008 and the Third Financial Upgradation w.e.f. 21st October, 2015. Applicant retired on superannuation on 31st January, 2022.

2.2 It was submitted by the applicant that cadre restructuring of the Central Board of Indirect Taxes & Customs (CBIC) was done in 2013, when 2118 temporary posts of Assistant Commissioners were created in the CBIC for a period of five years, which was extended till 18th December, 2023. Several DPCs were held by the CBIC to fill-up vacancies in the grade of Assistant Commissioner. The DPC for the vacancy year 2020 and 2021 met on 11th January, 2023 for promotion of Superintendent, Group B to the Grade of Assistant Commissioner, Group A to fill-up the temporary posts, and order No.5/2023 dated 13th January, 2023 for ad-hoc promotion was issued.

2.3 It was further submitted that in the DPC held on 11th January, 2023, applicant was considered for promotion to the grade of Assistant Commissioner and found fit for the vacancies for the vacancy year 2020. However, the applicant was not promoted for the reason that he had already superannuated on 31st January, 2022.

2.4 It was contended that the officers of the 1985 batch, junior to him, who had not retired as on the date of DPC i.e., 11th January, 2023 were promoted. It was submitted by the applicant that he is entitled to grant of notional promotion for the vacancy year 2020 as he was found fit by the DPC.

2.5 During the course of arguments, it was categorically mentioned that the applicant seeks only notional promotion and not actual promotion. It was also submitted that no financial implications would arise from such notional promotion, as the applicant was already drawing the pay scale of Assistant Commissioner on account of grant of financial upgradation.

2.6 Applicant has relied upon the following decisions:

a) Judgment of Hon’ble High Court of Kerala at Ernakulam, OP (CAT) No.68/2019 in the case of P.C. Rajalakshmi Vs. Union of India & Ors

b) Order of CAT, Kolkata Bench dated 02nd March, 2000 in the case of Sunil Bhattacharya Vs. Union of India & Anr.

c) Ord