NAIN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant wants retrospective promotion on the post of Accounts Officer in the pay-scale of Rs.3000-4500 from 2.1.1990 - the date he claims to have become eligible for this promotion. For this, he had filed CWP No. 3635/94 praying for a review DPC to be held to consider his case for retrospective promotion which stands dismissed vide order dated 22.5.2002 giving rise to this appeal.

(2.) Petitioner initially joined the services pf the Board as Accounts Assistant on 24.9.1981. He was later promoted as Junior Accounts Officer on 26.7.1985 and then as Assistant Accounts Officer on 2.1.1987. His next promotional post was Accounts Officer. There was only one post of Accounts Officer under the recruitment rules of 1980 which was occupied and which was to be filled up 100% by promotion failing which by a transfer on deputation and failing which by direct recruitment. The rules of 1980 were then sought to be amended/revised by the rules of 1986 under which the eligibility prescribed for promotion to the post of Accounts Officer was that the candidate should be a graduate with seven years experience of accounts out of which he should have three years in the grade of Assistant Accounts Officer.

(3.) Appellant says that as he completed three years as Assistant Accounts Officer on 1.1.1990, he became eligible for consideration for promotion on that date against a newly created post of Accounts Officer (second post) which was incorporated in the Board's reorganization plan which was approved by the Board and the Government also.