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2025 Supreme(Online)(CAT) 15229

CENTRAL ADMINISTRATIVE TRIBUNAL
Suresh Kumar Batra, Judicial Member, Rashmi Saxena Sahni, Administrative Member
Bhim Singh – Appellant
Versus
Union of India – Respondent
Original Application No. 1147/2022



Advocates:
For the Appellants/Petitioners: Shailendra Sharma
For the Respondents: Sanjay Goyal

Government employees are entitled to notional promotion and seniority from the designated vacancy year if the delay in convening the Departmental Promotion Committee is attributable to administrative lapses rather than the employees' own conduct.

Headnote:(A) Administrative Law - Promotion - Delay in convening DPC - Applicants seeking notional promotion from the vacancy year - Respondents delayed DPC due to litigation and administrative reasons - Tribunal found claimants not at fault - Held: Claimants entitled to notional promotion and seniority from the relevant vacancy year panel - Actual benefits from the date of assumption of charge.

Facts of the case:
Applicants were promoted to the post of Assistant Administrative Officer (AAO) for the vacancy year 2016-17. The department failed to conduct DPC proceedings timely, leading to promotions effective only from the later date of the actual order, depriving applicants of seniority and financial fixation relative to the vacancy panel year.

Findings of Court:
The Tribunal ruled that the applicants cannot be penalized for departmental delays in conducting DPCs. Relying on settled precedents, the Court directed the respondents to grant notional promotion and seniority from the vacancy year while granting actual financial benefits from the date of assumption of charge.

Issues: Whether the applicants are entitled to notional benefits from the vacancy year 2016-17 despite the late conduct of the DPC.

Ratio Decidendi: Employees cannot be penalized for administrative delays in convening DPCs; consequently, they are entitled to notional seniority and pay fixation effective from the vacancy year against which they were promoted.

Result: Original Application allowed.

Table of Content
1. applicants seek promotion benefits from the vacancy year. (Para 1 , 1 , 2 , 3)
2. contentions regarding administrative delay in convening dpcs. (Para 4 , 5 , 6 , 7)
3. entitlement to notional promotion due to administrative delay. (Para 8 , 9 , 10 , 11 , 12 , 13)

1. MES 316394 Sh. Bhim Singh, AAO Aged 43 Years, S/o Ram Kanwar, C/o HQ Chief Engineer,

Chandigarh Zone, Chandigarh - 160001

2. MES No. 315948 Anil Soni, AAO Aged 44 years of son of late Sh. Yog Raj Soni, C/o Garrison Engineer Jutogh Shimla Hills - 171001

3. Army No. 6967311F, Pritam Singh, AAO Aged 56 years, son of Sh. Swaran Singh, C/o Garrison Engineer Kapurthala-144601

4. MES No 316079 Urmilla Devi, AAO, Aged 51 years w/o of St. Prem Masih, C/o Garrison Engineer (East) Jalandhar-144001

5. MES No. 195267 Neelam Kumar, AAO Aged 51 years, s/o late St. C D Bang, C/o Garrison Engineer Jutogh Shimla Hills - 171001

6. MES No. 314799, Smt. Manwinder Kaur AAO Aged 58 Years W/o Sh. Krishan Kumar C/o Garrison Engineer NAMS Amritsar 143001

7. MES 315181, Smt. Sandhya, AAO Aged 57 Years C/o Commander Works Engineer, Amritsar-143001

8. MES 316149, Sh. Gurwinder Singh, AAO Aged 52 Years S/o Late Sh. Charan Singh C/o Garrison Engineer (AF), Bhisiana 151201

9. Army No. 5127994A Sh. Ajay Sharma, AAO Aged 50 Years S/o Sh. P.B. Sharma, C/o Garrison Engineer (AF) MC, Chandimandir-134107

10. MES 314808 Sh. Daler Singh, AAO Aged 58 Years S/o Late Sh. Tirath Singh C/o HQ Commander Works Engineer (AF), Chandigarh-160001

11. MES 315852 Smt. Bhupinderjit Kaur, AAO Aged 50 Years W/o Sh. Amanpreet Randhawa C/o HQ Commander Works Engineer (AF), Chandigarh-160001.

12. MES 315943 Smt. Harpinderjeet Kaur, AAO aged 48 years W/o Sh. Avtar Singh C/o Garrison Engineer, Chandigarh 160001

13. MES 315701 Smt. Paramjeet Kaur AAO Aged 58 Years W/o Late Sh Himmat Singh C/O Garrison Engineer (P), Ambala 133001

14. MES No. 316295 Smt. Seema Deol, AAO Aged 42 Years W/o Sh. Pinderjit Singh, HQ, Chief Engineer, Chandigarh Zone, Chandigarh-160001

15. MES 316312, Sh. Arvinder Singh, AAO Aged 49 Years S/o Sh. Ajit Singh, C/O Garrison Engineer (AF) Sarsawa-247232

16. MES 373781, Sh. Lalit Vohara, AAO Aged 55 Years S/o Sh. Kailash Nath Vohara C/O Garrison Engineer (U) Ambala-133001

(Group B)

.... Applicants

(By Advocate: Mr. Shailendra Sharma)

Versus

1. Union of India through Secretary Ministry of Defence, South Block New Delhi-110011

2. The Engineer in Chief, Army HQ, Kashmir House, New Delhi-110001

3. The Chief Engineer. Western Command, Chandimandir Distt. Panchkula (Haryana)-134107

4. Principal Controller of Defense Accounts (WC) Sector 9A Chandigarh-160069

....Respondents

(By Advocate: Mr. Sanjay Goyal, Sr. CGSC)

O R D E R (ORAL)

PER: RASHMI SAXENA SAHNI, MEMBER (A) :

The applicants in the present OA are claiming benefit of promotion and its consequential benefits from the date of commencement of vacancy year against which they have promoted and have sought quashing of orders whereby their seniority and financial benefits have been ordered to be effective from the date of assumption of charge of promoted post. The relief, as claimed in this O.A. is as under:-

“i) Records of the case be summoned and after perusing the same issuance of a direction to the respondents to grant the financial benefits of promotion to the post of Asstt. Administrative Officer from the preparation of select panel of vacancies of Asstt. Administrative Officer w.e.f. 1.4.2016 in view of Para No. 1 of Annexure A-2 as the case of the applicants is squarely covered by the judgement Annexure A-4 and A-5 which is very much in the knowledge of the respondents and even the same benefit has been given by the respondents to the similarly situated employees vide Annexure A6;

ii) Issuance of further directions to the respondents to re-fix the pay of the applicants w.e.f. 1.4.2016 onwards when their respective names figured in the select panel of 2016-17, when the vacancy for the post of AAO became available and operative and release

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