The right to be considered for promotion is a fundamental right, but there is no fundamental right to actual promotion; promotion is effective only upon the assumption of charge of the promotional post, and notional pay fixation cannot be granted to retired employees solely due to administrative delay in holding a DPC.

This application having been heard on 10th March, 2026 the Tribunal on 26th March 2026 delivered the following :

O R D E R

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

1. The factual matrix is as under – the applicants are retired employees of the Military Engineer Services. The 1st applicant retired from service on 31.05.2019 as FGM HS-I whereas the 2nd applicant retired from service on 31.10.2018 as Vehicle Mechanic HS-I. Both applicants were admittedly within the zone of consideration and were due for promotion to the post of Master Craftsman (MCM) against the vacancies of the year 2016–17. However, the Departmental Promotion Committee (DPC), which ought to have been convened in a timely manner as per the instructions of the Government of India, was inordinately delayed for no fault attributable to the applicants. Consequently, the applicants retired from service before the DPC could be held. Subsequently, when the DPC was finally convened, five officials including the applicants were found fit and recommended for promotion to the post of MCM. The competent authority approved the said recommendations vide order dated 18.08.2021 (Annexure A-1). However, paragraph 3 of Annexure A-1 stipulates that the promotions shall take effect only from the date of actual assumption of charge of the promotional post, in terms of the DoPT policy and as the applicants had already retired by that time, they were effectively denied the benefit of promotion.

2. The applicants submit that such denial is arbitrary and legally unsustainable. The delay in convening the DPC is solely attributable to the respondents and is in clear violation of the binding instructions issued by the Government of India mandating timely conduct of DPCs. The applicants cannot be made to suffer for administrative inaction and lapses. Both applicants submitted separate representations to the respondents seeking the benefits of promotion from the year 2016-17, copies of which are produced as Annexure A-2 and Annexure A-3. The 5th respondent replied in negative to the representation of the 1st applicant stating that as per DoPT instructions dated 27.02.2013 notional fixation of pay would not be allowed to any grade/service on the ground of delayed holding of DPC and that in earlier instances where such fixation had been granted recovery action going on as per the direction of GOC Southern Command. This is produced as Annexure A-4. The DoPT instructions relied upon is produced as Annexure A-5.

3. It is submitted that the reliance placed by the respondents on the DoPT Office Memorandum dated 27.02.2013 (Annexure A-5) to deny notional fixation of pay is misconceived. The said O.M. cannot be interpreted in a manner that legitimizes arbitrary administrative delay or defeats the fundamental right of an employee to be considered for promotion in a fair and timely manner. The O.M. must be read as applicable only to cases of bonafide administrative delay and not to cases of gross inaction or negligence.

4. The applicants are, therefore, aggrieved by the incorrect, illegal, unjust, unreasonable and irrational stand of the respondents that though they have been approved for promotion to MCM category against the vacancies of the year 2016-17 as per the order dated 18.08.2021, benefit of promotion would not be granted since they stand retired before 18.08.2021. The reliefs sought by the applicants are as follows -

1. Quash Annexure A-4.

2. Quash Annexure A-5 to the extent it conveys an impression that notional fixation of pay would not be allowed to any grade/service on the ground of delayed holding of DPC, even if the delay in holding of DPC is for reasons that are glaringly arbitra