Promotion is effective only upon the assumption of duties, not on vacancy date or eligibility.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

It is the case of the applicant that he completed six years regular service in the grade of JE on 17.10.2010 and, thus, became eligible for promotion to the post of Sr. Technical Assistant (Mechanical) [STA(M)] w.e.f. 01.01.2011. Due to pendency of proposed amendment of RRs, no DPC was held. However, after getting the necessary clearance, respondents held DPC and promoted him to the post of STA(M), along with others, vide order dated 10.09.2015 w.e.f. the date of taking over the charge in the promotional post. It is stated that he filed OA No. 956/2015 before the CAT, Kolkata Bench, Kolkata praying therein to direct the respondents to promote him to STA(M) w.e.f. 2011 and, thereafter, to the post of Asst. Engineer, which was disposed of vide order dated 14.06.2020 with direction to consider his prayer for grant of deemed promotion taking into considerP t.hNe. Prarteimo oafc thhaen ddercainsi oVns oSft tahtee Hofo nK’ebrlea lAap,ex Court in the case of (2004) 1 SCC 245. According to the applicant, respondents considered the grievance but rejected the same vide order dated 07.07.2020 [A/5] without application of mind inter alia stating that he was eligible for promotion to STA(M) w.e.f. 01.01.2011 but there was no vacancy available for UR category in the year 2011-12. The vacancy of UR category was available in the year 2012-13 but since clarification relating to the merger of scale of pay was pending, no DPC was held in the year 2012-13. Subsequently, after getting the clarity and clearance, DPC was held and, on the recommendation of the DPC, he was promoted to the post of STA(M) vide order dated 10.09.2015, in which post, he joined on 26.10.2015. Hence, alleging that the order of rejection dated 07.07.2020 is bad in law, he has filed this OA praying to quash the said order of rejection and direct the respondents to antedate his date of promotion to STA(M) against the vacancy year 2012- 13 and, accordingly, grant him all consequential service and financial benefits.

2. Respondents filed their counter opposing and contesting the case of the applicant. Taking clue from the counter as also the order of rejection dated 07.07.2020, Ld. Counsel for the respondents submits that although the applicant had completed six years service in the grade of Jr. Engineer on 17.10.2010 and had become eligible for promotion to the post of STA(M) w.e.f. 01.01.2011 but vacancy in UR category was not available in the year 2011-12. Although, vacancy was available in 2012-13 but due to pendency of proposed amendment of RRs/for withdrawal of merger proposal, no DPC was held. After getting necessary clearance, i.e. approval by the Ministry to withdraw the proposal on 30.04.2015, respondents held DPC and promoted the applicant to the post of STA(M), along with others, vide order dated 10.09.2015 with effect from the date of his taking over the charge in the promotional post and, he joined the said post on 26.10.2015. It is submitted that the general principle for promotion of an officer included in the panel would be regular from the date of validity of the panel or from the date of their actual promotion whichever is later. Relying on DoP&T OM No. 22011/3/76-Estt (D) dated 24.12.1980, he submitted that while promotions will be made in the order of the consolidated list, such promotions will have only prospective effect even in cases where the vacancies relate to earlier year(s). Accordingly, respondents stating that there is no illegality or irregularity in the decision making process of the matter, have prayed for dismissal of this OA.

3. Applicant, more or less reiterating the facts narrated in the OA, has filed rejoi