No right to retrospective or ad-hoc promotion post-retirement without completing mandatory training; service circular timelines are directory.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application is filed under Section 19 of the Administrative Tribunals Act 1985, claiming the following reliefs:

“(i) Quash the Communication dtd 25-07-2022 (Annexure A1) issued by the 3rd Respondent with the approval of the 2nd Respondent rejecting the representation of the Applicant dtd 20-7-2022 (Annexure A2) seeking promotion to the cadre of Jr Engineer, Rail Wheel Factory, Yelahanka Grant any such relief, as deemed fit in the facts and circumstances of the case, and in the interest of justice.

(ii) Direct the Respondents to accord promotion to the applicant to the cadre of Jr Engineer, Rail Wheel Factory, Yelahanka with retrospective effect from the date of his passing the examination as per the representation dtd 20-07-2022 along with all financial benefits: (ANNEXURE-A2)

(iii) Alternatively, direct the Respondents to accord ad- hoc promotion to the Applicant pursuant to his representation dated 17-05-2022 (Ann A13)

(iv) Such other writs or orders as this Hon'ble Tribunal deems fit in the matter.”

2. The reliefs are claimed based on the following grounds:

“(i) That the respondents have not considered the criteria for promotion by prescribed in the Master Circular before passing the impugned order and rejecting the applicant’s prayer.

(ii) That the Master Circular issued by the 1" Respondent for Promotion of Non-Gazetted (Group-C) staff to "Selection" posts has force of law and the same ought to have been followed by the Respondents for formation of empanelment as stated in the Master circular. The failure to adhere to the provisions of the Master Circular has resulted in the Applicant losing his promotion which otherwise would have got it.

(iii) The Applicant fulfills the Eligibility Conditions laid out therein. The Applicant had completed more than 4 years in the Sr Technician cadre till the date of his empanelment for selection to the post of Jr Engineer. The Respondents ought to have made an assessment well in advance as per the provisions of the Master Circular.

(iv) That the non consideration of the Applicant for the promotion to the post of Jr Engineer on the ground that the Applicant has not completed the training period is illegal, arbitrary.

(v) That when the Applicant became eligible for the promotion, the Respondents delayed the constitution of the Panel contrary to the provisions of the Master Circular.

(vi) That the Respondent No 4 failed to consider the Applicant for ad-hoc promotion though the Applicant submitted a representation dated 17-05- 2022 and thereby acted violated the Master Circular and deprived the Applicant from getting promotion.

(vii) That in a similar situation, the Respondents have waived off training for Sr Technicians of Power Generation who appeared for exams of Jr Engineers and the Order dated 28-2-2005 issued in favour of the aforesaid Sr Technicians which waived off training. The Applicant is similarly placed and hence cannot be discriminated.

(viii) That despite the Master Circular of the Railway Board provides for Assessment of Vacancies at Clause 6 of the Master Circular though it was mandatory the Respondents had not done the assessment of those anticipated vacancies during the course of next 15 months which was deliberate on the part of the Respondents to avoid promotion to the Applicant.

(ix) That non consideration of the representations subm