Suresh Singh vs Union Of India & Others

L. Narasimha Reddy, J

The applicant was appointed in the Railways, initially as Accounts Clerk in Group 'C' in the year 1978. Over the period, he earned promotions to the posts of Financial Advisor and Senior Assistant Financial Advisor. Next promotion is to the post of Group 'A'/Junior Scale in Indian Railway Accounts Service (IRAS). He contends that he acquired eligibility to be considered for promotion in the year 2016 itself, and though there is obligation on the part of the respondents to convene the Departmental Promotion Committees (DPCs) for promotion to the post of Group 'A'/Junior Scale in IRAS, the DPC was not convened for the financial years 2016-17 and 2017-18. It is mentioned that the DPC was held on 28.10.2019, but much before that, the applicant attained the age of superannuation on 31.08.2018.

With this background, the applicant filed this O.A. with a prayer to call for the records pertaining to the promotion to the post of Group 'A'/Junior Scale in IRAS for the financial years 2016-17 and 2017-18; and to direct the respondents to consider his case for promotion to the post against those years. Consequential benefits are also prayed for.

The applicant contends that the Department of Personnel & Training framed the guidelines in O.M. dated 28.01.2015 stipulating that the DPCs must be held promptly every year according to the calendar and despite that, there was a lapse on the part of the administration for two financial years 2016-17 and 2017-18. He further contends that he cannot be denied the benefit particularly, when there was lapse on the part of the respondents in convening the DPC on time.

We heard Mr. A K Bhakt, learned counsel for applicant and Mr. Krishan Kant Sharma, learned counsel for respondents at the stage of admission, through video conferencing.

The applicant has, no doubt, acquired the eligibility for promotion to the post of Group 'A'/Junior Scale in IRAS in the year 2016. However, it is fairly well settled that mere acquisition of qualification for promotion, does not confer any right to be promoted. The right, if at all, is only to be considered as and when promotions are effected. The calendar framed by the Department of Personnel & Training is neither mandatory, nor does it entail in any consequences, conferring right upon the employees. It is mostly advisory and a step towards good administration. The failure to convene DPC in a particular year, cannot be termed as illegal or a serious lapse on the part of the administration. Much would depend upon the administrative exigencies and convenience.

The Hon'ble Supreme Court, time and again, held that there cannot be any retrospective promotion. Reference is also made to the decision in Union of India & others v.K. K. Vadhera, 1989 Supp (2) SCC 625. The retired employee can be extended the benefit of notional promotion, if only any junior to him was promoted with effect from the date anterior to the date of retirement of such senior employee. The applicant who retired on 31.08.2018 has not even mentioned that any junior to him was promoted to the post of Group 'A'/Junior Scale in IRAS before that date. Therefore, the question of granting any relief to the applicant, at this stage, does not arise.

We do not find any merit in this O.A. It is accordingly dismissed. There shall be no order as to costs.