A government servant has no fundamental right to promotion, and retrospective or notional promotion cannot be granted after retirement if the candidate failed to meet mandatory eligibility criteria, such as training requirements, at the time of the original Departmental Promotion Committee consideration.

ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri K. M. Mishra and Shri Swatantra Pratap Singh, learned counsel for the applicant and Shri Vinod Kumar Shukla, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following relief:

“(i) To issue order or direction in the nature of mandamus directing the respondent authorities to consider the candidature of the applicant for his notional promotion to the post of Senior Administrative Officer regarding which his Departmental Promotion Committee proposal was already submitted to Uttar Pradesh Public Service Commission and pursuant thereto the applicant completed the requirement of two weeks mandatory training in terms of new Rules promulgated in this regard and there upon to accord him all consequential benefits on the basis of his notional promotion to the post of Sr. Administrative Officer Grade “A” (Grade Pay Rs. 6600/-) Level – 11 and further to revise the pensionary benefits in accordance with the criteria laid down under the Rules.

(ii) To issue order or direction in the nature of certiorari quashing the Order dated 17.05.2019 passed by the competent authority, where the representation of the applicant against adverse Annual Progress Appraisal Report for the year 2016-17 has been rejected.

(iii) To issue order or direction that in case his candidature for the promotion to the post of Senior Administrative Officer on notional basis is not found justified under the Rules even then the applicant cannot be denied the enhancement in his Pay Grade in the cadre of Accounts cum Stores Officer, which is any case was to be accorded as in the Grade Pay of Rs. 5400/- on completion of 4 years of service in the said cadre as per Department of Personnel & Training guidelines.

(iv) To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

(v) To award cost to the applicant.”

3. The applicant has filed this original application seeking a direction upon the contesting respondents to consider the candidature of the applicant for his notional promotion to the post of Senior Administrative Officer regarding which he claims that his Departmental Promotion Committee (DPC) proposal was already submitted to Uttar Pradesh Public Service Commission and pursuant thereto , he had completed the requirement of two weeks mandatory training in terms of new Rules promulgated in this regard. The applicant further claims that respondents be directed to accord him all consequential benefits on the basis of his notional promotion to the post of Sr. Administrative Officer “A” (Grade Pay Rs. 6600/-) Level – 11 and further to revise the pensionary benefits in accordance with the criteria laid down under the Rules.

The applicant is further challenging the validity of the order dated 17.05.2019 passed by the authority of National Sugar Institute through OM, where the representation of the applicant against his Annual Progress Appraisal Report (APAR) for the year 2016-17 was rejected.

The applicant in alternative seeks a relief that in case his candidature for the promotion to the post of Sr. Administrative Officer on notional basis is not found justified under the Rules even then, as he claims, he cannot be denied the enhancement in his Pay Grade in the cadre of Accounts cum Stores Officer which in any case was to be accorded as in the Grade Pay of Rs. 5400/- on completion of 4 years of service in the said cadre as per Department of Personnel & Training (DoPT) guidelines. Thus, he contends that on this score also, his Grade Pay is to be enhanced in the said cadre giving him all