Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.

ORDER

Per: Mr. Shri Krishna, Member (A)

The applicants have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

(a) This Hon’ble Tribunal may graciously be pleased to call for the records of the case from the respondents and after examining the same quash and set aside the impugned orders dated 07.12.2017 and 12.12.2017 (Annexure A-1 and Annexure A-2) and orders dated 19.05.2017 (Annexure A-3 to Annexure A-5) to the extent of non grant of arrears to the applicant, with consequential benefits.

(b) This Hon’ble Tribunal may further be pleased to direct the respondents to allow all consequential benefits against all the three promotion orders issued on 19.05.2017 (A-3, A-4 & A-5) to both the applicants along with penal interest.

b(i) The Hon’ble Tribunal may be pleased to direct the respondents to grant arrears and allow the applicant No.2 to draw the consequential benefits attached to his three promotions, posthumously and give consequential benefits, monetary or otherwise; including re-fixation of pension accordingly.

(c)Any other and further order as this Hon’ble Tribunal deems fit in the nature and circumstances of the case be passed.

(d) Cost of the application be provided for.”

2. During the pendency of the OA, the applicant No.2 has died. His legal representatives are now brought on record as MA was allowed by this Tribunal vide order dated 03.03.2023 as Applicant Nos.1 and 2.

3. Brief facts of the case, as stated in the OA, are that the applicant No.1 joined the Postal Department on 17.11.1982 and qualified the examination of Accountant in the year 1989. Late applicant No.2 joined the department on 04.12.1979 and qualified the examination of Accountant in the year 1987. Both of them were working in Accountant cadre till 19.05.2017. Both of them were promoted on 03.05.2017 as per the orders issued by the respondent No.2, to the following different cadres consequent upon review/supplementary DPC held on 03.05.217:-

(a) to LSG (NB) cadre on merit as per recruitment Rules of 1976 w.e.f. 03.01.1997, vide order NO.STA/9-19/LSG (NB)/Postal Unit/Review DPC/2015 dated 19.05.2017.

(b) to HSG II(NB) cadre on merit as per recruitment rules of 1976 w.e.f.01.01.2004 vide order No.STA/9-19/HSG II(NB)/Postal Unit/Review DPC/2015 dated 19.05.2017.

(c)to HSG I (NB) cadre on merit as per recruitment rules of 1976 w.e.f. 01.01.2004 vide order No.STA/9-19/HSG I(NB)/Postal Unit/Review DPC/2015 dated 19.05.2017.

3.1 It has been submitted that in seniority Shri S.J. Sail is junior to the applicants. His name appears in the seniority list at serial No.34 whereas the name of the first applicant appears at serial No.33 and that of the deceased applicant No.2 appears at serial No.10. This shows that Shri S.J. Sail is junior to the applicants. Some Accountants working in the Postal Department in Maharashtra Circle including Shri S.J. Sail filed Original Applications before this Tribunal for consideration of their promotion as per Recruitment Rules, 1976 in LSG(NB), HSG II(NB) and HSG I(NB) cadres. This Tribunal by a common order dated 25.02.2002 passed in OA Nos.225/95, 991/97, 718/97, 1001/97 and 497/2001 allowed the OAs and directed ‘to consider the case of applicant on merit under statutory Rules of 1976 by holding a review DPC and if found suitable he should be promoted from the date of his immediate junior was promoted with all consequential benefits.’ The above orders of this Tribunal were contested by the respondents before the Hon’ble High Court but later on the petition was withdrawn unconditionally on 28.01.2015. After this unconditional withdrawal, the orders of this Tribunal were implemented by the respondents by promoting the juniors t