GOVT OF NCT OF DELHI Vs. RAJBIR SINGH

JUDGEMENT

(1.) Interpretation of Rule 19 (ii) of Delhi Police (Promotion &. Confirmation) Rules, 1980 ( hereinafter for the sake of brevity referred to as, 'the said Act' ) is in question in this writ petition, which arises out of a judgment and order dated 19.01.2001 .passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter for the sake of brevity referred to as, 'the Tribunal' ) in O.A. No. 2672 of 1999 whereby and whereunder the Original Application filed by the respondent herein was allowed.

(2.) The basic fact of the matter is not in dispute. The respondent at the relevant point of time was a Sub- Inspector. He was promoted as an Inspector on out of turn basis in terms of the said Rules. The said promotion was made on ad hoc basis wherein it was made clear that he would not have any claim for seniority. Within a few days, i.e., on 12.08.1994 a meeting of regular Departmental Promotion Committee ( in short, 'DPC' ) was held wherein also the respondent herein was found eligible for promotion. He was promoted to the post of Inspector on regular basis on 18.08.1994. Thereafter on or about 28.08.1999, he filed the aforementioned Original Application claiming seniority w.e.f. 05.08.1994. Before the learned Tribunal, a representation was made to the effect that the respondent would not claim any other benefit except his seniority from the said date. The learned Tribunal held :-

(3.) Mr. George Paracken, the learned counsel appearing on behalf of the petitioners, would submit that the learned Tribunal erred in passing the impugned judgment insofar as it failed to take into consideration that the Original Application filed by the respondent herein was barred under the law of limitation. The learned counsel would contend that having regard to the fact that a regular promotion was made on or about 18.08.1994, the respondent herein could not have filed the aforementioned Original Application on or about 28.08.1999. The learned counsel would argue that the findings of the learned Tribunal to the effect that the said Rules will have no application is not correct inasmuch as the normal promotion is made in terms of Rule IT of the said Rules and only on the basis thereof, inter-se seniority is fixed. In any event, the learned counsel would contend, seniority cannot be fixed with retrospective effect.