Deemed abolition under Finance O.M. 12.04.2017 inapplicable to continuously manned promotional posts; right to DPC consideration from vacancy date upheld despite prolonged inaction.

O R D E R

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 has been directed against the following:-

(i) Against the inaction of the respondent Nos. 1 and 2 in not promoting the applicant to the post of Superintendent from the date the applicant has started officiating i.e. w.e.f. 29.08.2017 when the then incumbent of the post of Superintendent proceeded on leave and finally retired voluntarily w.e.f 31.01.2018.

(ii) As per Statutory Recruitment Rules of which are based on Punjab Pattern, the post is required to be filled up by promotion from feeder cadre amongst Senior Assistant /Reader/Record-Keeper/Translator having 10 years regular service. A copy of the Recruitment Rules is enclosed as Annexure A-1.

(iii) Against letter No.12/2/351-hii(2)/10174 dated 12.07.2022 whereby the respondent No.1 has intimated that the post of Superintendent Grade-I stand deemed abolished in view of Government of India, Ministry of Finance letter dated 12.04.2017. Copies of letters dated 12.07.2022 and 12.04.2017 are enclosed as Annexures A-2 and A-3 respectively

2. The applicant has sought the following relief(s):-

(i) That the Annexure A-2 dated 12.04.2017 be quashed and set-aside in view of the decision of the DSP Ram Gopal versus Union of India and others (Supra) and in view of the Punjab Government instructions dated 06.06.2019.

(ii) It be declared that the applicant is entitled to promotion from the date he started officiating on the post of Superintendent with all consequential benefits including difference in arrears of pay and allowances with interest.

3. Lets have a quick glance over the facts first. The applicant joined service with respondent No.3 on 01.09.1994 as Record Keeper, was transferred as Translator on 01.03.1996, and has been working as Office Assistant/Senior Assistant since 26.07.2006. As per Government of India Notification dated 13.01.1992, in the absence of separate Recruitment Rules for U.T. Chandigarh, the Rules framed by the Government of Punjab apply to U.T. employees. A copy of the notification is annexed as Annexure A-4.

4. The channel of promotion from the posts of Reader/Record Keeper/Translator/Office Assistant (Senior Assistant) is to the post of Superintendent Grade-I, governed by the General Establishment (Administration) Department Notification dated 10.01.1969, which continues to be followed in the respondent department as no separate Recruitment Rules have been framed.

5. The applicant was assigned the duties of Superintendent Grade-I w.e.f. 29.08.2017 due to leave vacancy of the then incumbent Shri Paramjit Singh (Annexure A-5), who subsequently took voluntary retirement on 31.01.2018 (Annexure A- 5/A). After due consideration, the Presiding Officer (HOD) found the applicant fit and forwarded his case for regular promotion to respondent No.1 vide letter No. LC/26 dated 01.02.2018 (Annexure A-6). The applicant has since been continuously discharging the duties of Superintendent Grade-I without interruption.

6. The applicant fulfilled all eligibility conditions for promotion under the applicable Punjab Rules and was granted Vigilance Clea