RANVIR SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated January 24, 2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No.1098/2011 whereby the Tribunal dismissed the Original Application filed by the petitioner and one Daulat Ram Sharma.

(2.) THE petitioner retired from service under the respondent on May 31, 2010 as Vice Principal, on attaining the age of superannuation. The next promotion post is that of Principal. On November 10, 2008 an eligibility list for grant of promotion to the post of Principals for the vacancy year 2008 -2009 was circulated. The said list shows the name of the petitioner at serial No.22. A promotion order was issued on June 29, 2010 whereby 128 Vice Principals were promoted to the post of Principals. This order did not reflect the name of the petitioner. He accordingly made a representation on October 21, 2010 requesting the respondent No.3 to grant him promotion on notional basis. The respondents vide communication dated November 29, 2010 rejected the request of the petitioner for promotion to the post of Principal and relied on the provisions at para 17.11 of the DOP&T OM dated April 10, 1989. The communication requires that if no junior to the petitioner was promoted before the date of the issue of promotion order dated June 29, 2010, the petitioner is not entitled to actual promotion or promotion on notional basis.

(3.) THE only question which calls for our consideration is whether the petitioner is entitled to be promoted on notional basis to the post of Principal. The admitted position is that the petitioner stood retired on May 31, 2010 i.e. before the date of promotion order, June 29, 2010. The issue is no more res integra inasmuch as a Division Bench of this Court of which one of us, Pradeep Nandrajog, J. was a member had decided a batch of writ petitions, lead matter being WP(C) No.8102/2012 Union of India & Anr. v. K.L.Taneja on the subject as to when can a person be granted promotion from a retrospective date. The Bench noted various decisions of the Supreme Court on the point as under: -