Complete exoneration in disciplinary proceedings entitles employee to notional promotion from date originally due, ahead of juniors.

(O R D ER)

BY JUSTICE OM PRAKASH-VII, MEMBER (J)

1.The present Original Application has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

“(i) This Hon'ble Tribunal may be pleased to direct the respondents to promote the applicant Stenographer Grade II and Stenographer Grade 1 from the date of promotion of the respondent No.4 i.e. 26.12.1995 & 24.12.2001 respectively.

(ii) This Hon'ble Tribunal may be pleased to direct the respondents to allow the applicant pay in the pay band of Rs. 9300-34800 GP 4600 in terms CCS (RP) Rules, 2008.

(iii) This Hon'ble Tribunal may be pleased to direct the respondents to re-cost the gradation list of U.P. Circle after interpolating the name applicant at the appropriate place above to respondent No.4.

(iv) This Hon'ble Tribunal may be pleased to direct the respondents to refix the pay of the applicant and he may be paid arrear of difference of pay with all consequential benefits alongwith admissible interest thereupon.

(v) Any other relief, which this Hon'ble Tribunal may deem fit and proper the circumstances of the case may be given in favour of the applicant.

(vi) Award the costs of the original application in favour of the applicant”.

2. The brief facts of the case are that the applicant joined the respondents’ department as Stenographer Grade III and was subjected to a penalty of withholding of one increment for three years vide order dated 25.09.1999, which was subsequently reduced to two years by the Appellate Authority vide order dated 08.03.2002. During the currency of the said penalty, the applicant was denied promotion and his junior, respondent No. 4 (Smt. Sharda Vashisth) was promoted in the years 1995 and 2001 to the posts of Stenographer Grade II and Grade I, respectively. Aggrieved by the disciplinary action, the applicant approached this Tribunal by filing O.A. No. 72 of 2001, which was allowed on 15.12.2004 and the impugned penalty orders were quashed. Pursuant thereto, the applicant was fully exonerated from all charges vide order dated 11.08.2005. In the meantime, the applicant was granted promotion from Stenographer Grade III to Grade II vide order dated 29.01.2004 w.e.f. 01.02.2002 after completion of the penalty period, and thereafter promoted to Stenographer Grade I w.e.f. 01.01.2006. However, despite being senior and subsequently exonerated, the applicant was not granted promotion from the dates his junior was promoted resulting in loss of seniority and consequential MANISH KUMAR benefits. The applicant submitted representations dated 27.10.2011 and 18.03.2013 claiming that he is senior to respondent No. 4 and is entitled to retrospective promotion from the dates his junior was promoted, but the same were not decided by the respondents compelling him to seek information under the RTI Act. It is the grievance of the applicant that he has been placed at a disadvantageous position since 1995 due to wrongful supersession and even after his exoneration the respondents failed to restore his rightful seniority and grant him due promotional benefits, thereby causing continuous prejudice to his service career.

3. Per contra, the respondents have filed a counter affidavit stating therein that applicant was appointed as Stenographer in the Postal Department vide letter dated 09.02.1983 and joined his duties on 15.03.1983. During the course of his service, he was transferred to various divisions, namely Hardoi, Basti, and Azamgarh in administ