Bharat Bhushan And Ors vs Union Of India Through And Ors

L. Narasimha Reddy, J

One Dr. Rama Kant Singh who was working as Director in the Ministry of Civil Aviation filed OA No.1103/2018 before this Tribunal claiming the

relief in the form of declaration to the effect that he is entitled to be promoted as Director against the vacancy of the year 2013-2014. He was

promoted to that post through an order dated 29.12.2016 w.e.f. 24.09.2015. The applicants herein and some other others were shown as respondents

in the aforesaid OA. The OA was disposed of on 21.12.2018. It was observed that if at all any promotion with effect from an earlier date is to be

given to Dr. Rama Kant Singh, the same facility needs to be extended to others also, and accordingly the respondents were directed to examine the

matter in the light of those observations.

The respondents issued a seniority list for the post of Director as on 10.02.2019, through Circular dated 14.02.2019. The applicants 3 to 6 are shown

at Sl. No.2 and 5 and Dr. Rama Kant Singh is shown at Sl. No.6 in that seniority list. The applicants challenge the seniority list by filing this OA. It is

stated that they were entitled to be extended the benefit of notional promotion on par with Dr. Rama Kant Singh, and the consequential reliefs in the

form of direction for consideration of their cases for the post of Deputy Director General.

We heard Shri Anupam Verma, learned counsel for the applicant, Shri Ranjan Tyagi, learned counsel for respondent Nos.1 & 2 and Shri Amit

Sinha, learned counsel for respondent No.3, at the stage of admission.

The applicants herein were appointed to the post of Director between 11.08.2014 and 16.04.2015. They did not have any grievance when they

were promoted. Dr. Rama Kant Singh, on the other hand, was promoted to the post of Director on 29.12.2016 but w.e.f. 29.04.2015. He approached

this Tribunal by stating that he was entitled to be promoted to the post of Director against the vacancy for the year 2013-2014. His contention was not

accepted but the respondents were directed to examine the question as to whether the applicants herein and Dr. Rama Kant Singh were entitled to be

extended the benefit of any notional promotion. The matter was examined at length, and the respondents have stuck to their original stand and did not

alter the date of promotion of any of the Directors including that of Dr. Rama Kant Singh. The notional promotion to Dr. Rama Kant Singh, from

29.04.2015, was in compliance with the directions issued by the Hon’ble Delhi High Court in W.P. (C) No.5802/2015.

In case the applicants herein felt that they were entitled to any such relief, they were supposed to pursue the remedies. They remained silent ever

since 2014. They wanted to build up their case on the strength of the directions issued in OA No.1103/2018 wherein they figured as respondents.

When the applicant therein was not granted any benefit as a result of the order in the OA, the question of giving any relief to the applicants herein

does not arise.

The OA is accordingly dismissed. There shall be no order as to costs. We, however, make it clear that it shall be open to the applicants to make a

representation if they are of the view that they are entitled to be extended the benefit of notional promotion as was done in the case of Dr. Rama Kant

Singh. This, however, shall not be treated as a direction, much less recognition of such right.