RAM DHYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s): -

(2.) THAT the Hon'ble Tribunal may kindly be pleased to direct the respondents to fix the applicant/s pay scale and pension according to the Government Order dated 22.9.1992 after fixing pay of the applicant in promotional grade of Senior Accounts Officer w.e.f. 1.7.2002 and further prayed that the respondent may be directed to release the entire dues which is liable to pay by the respondents w.e.f. 1.7.2002 with relevant rate of interest and fixed the pension accordingly.

(3.) THE respondents in their Counter Affidavit have denied the averments made by the applicant, justifying the impugned order passed by respondent No. 2 alleging that the Recruitment Rules of Senior Accounts Officer of Defence Accounts department notified vide S.R.O. No. 68 dated 25.02.1997 prescribes that the Accounts Officer with regular three years service in the grade may be promoted to Senior Accounts Officer's grade. Due process of promotions, as mentioned in the Government Order dated 22.09.1992, involves adjudication of the eligible officers by the Departmental Promotion Committee (for short D.P.C.) which has to act according to the guidelines as enumerated in D.O.P & T O.M. No. 22011/5/86 -Estt. (D) dated 10.04.1989. The respondents have implemented the Govt. Order dated 22.09.1992 and promotions have been given to the eligible officers based on the recommendations of D.P.C. No officer was promoted to the grade of Senior Accounts Officer without having been recommended by the D.P.C. or was granted the benefit of notional fixation of pay merely because he had completed three years service in the grade of Accounts Officer. Para -41 of the O.M. dated 10.04.1989 prescribes that the crucial date for determining eligibility would be 1st of January. This provision was incorporated in the said Office Memorandum vide D.O.P&T letter No. 22011/3/98 -Estt (D) dated 17.09.1998. The D.O.P&T through O.M. No. 22011/3/98 -Estt. (D) dated 14.08.2003 also provides that while preparing the eligibility list for reference to D.P.C. for preparation of a panel for promotion against vacancies arising in the ensuing vacancy year linked financial year, eligibility as on the crucial date of 1st January is to be checked only in respect of those officers in the feeder grade who are not due for retirement before the date of commencement of the relevant financial year based vacancy year. The applicant completed three years' service in the grade of Accounts Officer on 06.06.2002 although he became eligible as on 01.01.2003 (being the crucial date for determining eligibility in terms of DOP&T O.M. dated 17.09.1998) for consideration for promotion to the grade of Senior Accounts Officer by the D.P.C. against the vacancy year 2003 -04, but before commencement of the vacancy year 2003 -2004, he retired on 31.01.2003, thereby, he was not to be considered for promotion to the grade of Sr. Accounts Officer, in terms of DOP&T O.M. dated 14.08.2003 as he was not in service during the vacancy year 2003 -2004. In view of the above facts, the applicant does not deserve parity with the case of Jagat Narain Singh (supra) and he is not entitled to any benefit on the lines of said Judgment. More importantly the said Judgment is still not final and under the consideration of Hon'ble High Court.