Right to promotion consideration exists, but actual promotion requires vigilance clearance; deferment valid pending advanced disciplinary proceedings.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

a. To call for all the relevant and connected records relating to No.12/13/2023-EO(SMII), dt.1.7.2023 of the 2^nd Respondent and set aside the same in so far as it relates to deferring the case of the applicant for being promoted as a Chief Engineer in Military Engineering Services (MES) in Level 14 of the Pay Matrix for the panel year 2023 as being arbitrary, illegal, unjust, contrary to the law, binding precedents, principles of natural justice, and violative of Articles 14 and 16 of the Constitution of India.

b. Consequently, direct the Respondents to promote the applicant as a Chief Engineer in Military Engineering Services (MES) in Level 14 of the Pay Matrix for the panel year 2023 on and from the date on which the candidates whose promotions have been approved by the Respondents in the impugned proceedings.

c. Further declare that the applicant is entitled to all the consequential benefits of seniority, further promotion and monetary benefits that flow from out of setting aside the proceedings impugned herein in so far as the applicant is concerned and grant of the relief prayed for herein and direct release of the same with interest from the date on which they become due and payable till the date of actual payment.

And pass such other and further order or orders as are deemed fit and proper by this Hon’ble Tribunal under the circumstances of the case.”

2. The facts of the case, in brief, as per the submissions of the applicant, are as follows:

i. The applicant was initially appointed, on 02.03.1990, to the post of Assistant Executive Engineer, through Combined Engineering Services Examination, 1987, conducted by the UPSC. He rose up to the level of Superintending Engineer (S.E.) and was due for retirement on superannuation on 30.04.2025. In the All India Seniority List, forwarded by the Directorate General (Personnel/E1(DPC), New Delhi, vide letter No.B/41023/AISL/SE/01 Jan 23/E1 (DPC), dt.12.01.2023, (Ann.A/2), his name has been shown at Serial No.04.

ii. The applicant was due for promotion to the next post of Chief Engineer (C.E.) for the Panel year 2023. The case of the applicant was considered by the Departmental Promotion Committee (DPC, for short) in the UPSC along with those of his juniors and his name appeared to have been recommended for promotion. Though the DPC proceedings are not out in the public domain, clearance or recommendation by the DPC would be the prerequisite for final empanelment by the Appointments Committee of the Cabinet (ACC, for short).

iii. Respondent No.2, vide order, dt.01.07.2023, informed that the ACC had deferred the empanelment of the applicant for being promoted to the grade of Chief Engineer (C.E.) in the Military Engineering Service (MES) in Level-14 of the Pay Matrix, for the panel year 2023, without giving any reason or justification. By the same order, the ACC approved the empanelment of other officers, including the cases of officers who were juniors to the applicant, for the year 2023. Based on such an approval, his juniors also would be getting promotion and would be assuming the charge of the higher post, after formal issue of posting order for which the process starts immediately after issue of the empanelment order.

iv. The applicant claims to have maintained a fairly decent record of service and there was no charge me