B.R. DHAMEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) B.R. Dhameja, the applicant herein, who superannuated on 31.12.2007 as Under Secretary from the Ministry of Rural Development, the second respondent herein, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking a direction to be issued to the respondents to grant him notional fixation of pay to the next higher post of Deputy Secretary with effect from 01.07.2007, i.e., the date from which persons junior to him have been granted such fixation of pay, along with consequential benefits arising therefrom.

(2.) The facts on which the relief as indicated above is sought to rest reveal that the applicant joined the services of the second respondent on 23.05.1996 as a member of the Central Secretariat Service (CSS). As mentioned above, he retired on superannuation on 31.12.2007 as Under Secretary. DOP&T, the first respondent, issued select list of selection grade of CSS (Deputy Secretary) for the year 2007, duly approved by the competent authority, which included the name of the applicant at serial number 10. The grievance of the applicant is that despite his being included in the select list of Deputy Secretaries for the year 2007, he was not promoted as he had retired from service on 31.12.2007, whereas the select list came to be issued on 08.05.2009. Four Under Secretaries, namely, S/Shri N. J. Thomas, Mohan Charan Chand, Shashi Bhushan Kaushik and Dinesh Kumar, it is further the case of the applicant, who were junior to him, were promoted as Deputy Secretary, as they were still in service. When the entreaties of the applicant reflected in his representation dated 29.06.2010 for the desired relief brought no tangible results, the applicant filed an Original Application bearing OA No.2110/2011 in this Tribunal, which was dismissed as withdrawn with liberty to the applicant to file a better one intimating therein the names of his juniors who had already been promoted as Deputy Secretary. The applicant filed a fresh OA No.2364/2011 with the pleadings as regards promotion of his juniors, but once again, the said OA was dismissed as withdrawn with liberty to file a fresh one supporting the assertion as mentioned above, by some proof, which may be the promotion orders in respect of his juniors, which may reflect that they were promoted with effect from a date when the applicant was still in service. Thus, the present and the third OA.

(3.) Pursuant to notice issued by this Tribunal, the respondents have entered appearance and by filing their reply, contested the cause of the applicant. It is inter alia pleaded that consideration of retired employees for promotion is governed by the provisions contained in DOP&T OM No.22011/4/98 -Estt.(D) dated 12.10.1998, as per which, retired employees, who may be within the zone of consideration in the relevant year, would be considered while preparing the year -wise panel(s). This, it is further pleaded, is considered imperative to identify the correct zone of consideration, but such retired officials whose names may be included in the panel(s), would have no right for actual promotion. It is then pleaded that the applicant who was in service during the select list year 2007, was considered for inclusion in the select list of Deputy Secretaries for the year 2007 and on being found, was included in the select list, but since at the time of issue of the select list, the applicant had already retired from service, he was not actually promoted as Deputy Secretary, and would thus not be entitled to any financial benefits attached to the post of Deputy Secretary in keeping with the provisions of the OM dated 12.10.1998. The name of the applicant was included in the select list of Deputy Secretaries for the year 2007, DPC for which was held on 29.01.2009, and the select list was issued vide OM dated 08.05.2009. It is pleaded that in the said DPC, four persons junior to the applicant, namely, S/Shri N. J. Thomas, Mohan Charan Chand, Shashi Bhushan Kaushik and Dinesh Kumar, were also included in the select list for the year 2007, and the orders of promotion in respect of the said four juniors to the applicant to the post of Deputy Secretary were issued on 08.05.2009. It is then pleaded that it would be evident that juniors to the applicant were promoted to the post of Deputy Secretary after the applicant had already retired from service.