C.B. SINGH Vs. SECRETARY, MINISTRY OF AGRICULTURE

JUDGEMENT

(1.) The petitioner is aggrieved by the orders dated 26.07.2011 and 20.09.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.2666/2011 and R.A. No.296/2011 whereby the petitioner's said Original Application and the Review Application have been rejected.

(2.) The only point which arises for consideration in this case is as to whether the petitioner ought to have been considered in the DPC which was convened in September and October, 2009 for the year 2003, which considered the select list for that year insofar as regular appointments to the posts of Assistants in the Central Secretariat Service (CSS) was concerned.

(3.) It is an admitted position that the petitioner was working as an UDC in the Central Secretariat Clerical Service (CSCS). He was appointed as an Assistant on ad-hoc basis w.e.f. 25.03.2004. The petitioner, while working in the said ad-hoc capacity as an Assistant retired on 31.07.2006. When the DPC was convened for the select list of Assistants in the year 2003 in September and October, 2009, the petitioner was not considered by the said DPC. The learned counsel for the petitioner submitted that after the convening of the DPC in September and October, 2009, even persons junior to him have been granted regular appointments as Assistants with retrospective effect from 01.07.2003, which is prior to the date of superannuation of the petitioner. Consequently, the learned counsel for the petitioner submitted, on the strength of a decision of this Court in the case of Union of India vs. P.G. George : W.P.(C) 4864/2010 decided on 23.07.2010 that since the persons junior to the petitioner have been given promotion as Assistants on a regular basis w.e.f. 01.07.2003, which is prior to the date on which the petitioner superannuated (i.e. 31.07.2006), the petitioner ought to be given notional promotion from 01.07.2003 and be granted consequential retiral benefits.