Delhi High Court Sets Aside Tribunal's Order Granting Notional Promotion to Retired Geologist
Court rules promotions must be prospective, dismissing claims of mala fide administrative delay.
In a significant judgment, the Delhi High Court has overturned an order by the Central Administrative Tribunal granting notional promotion to Ramesh Chandra Shukla, a retired Deputy Director General of the Geological Survey of India. The court emphasized that promotions must take effect from the date they are actually granted, dismissing claims for retrospective financial benefits.
The case revolved around Shukla's contention that he was entitled to promotion from April 1, 2016, based on recommendations made by the Departmental Promotion Committee (DPC). Shukla argued that the delay in issuing his promotion was unreasonable and deprived him of additional benefits, including eligibility for a Non-Functional Upgradation (NFU).
The Tribunal had initially ruled in favor of Shukla, ordering a notional promotion from April 1, 2016, and subsequent pay re-fixation. However, the Union of India challenged this decision, arguing that promotions are prospective and depend on the assumption of duties, not merely the occurrence of a vacancy or DPC recommendation.
The High Court bench, comprising Justices Navin Chawla and Madhu Jain, agreed with the Union of India's stance, citing various precedents that establish promotions become effective only upon assumption of duties. The court found no evidence of mala fide or unreasonable administrative delay in Shukla's case, noting that priority was given to exhausting the previous year's DPC panel before considering the 2016-17 recommendations.
The court also dismissed Shukla's reliance on previous judgments granting retrospective promotions, stating these were based on specific circumstances not applicable to his case. The decision underscores the principle that promotions, even if recommended, do not confer a right until they are formally granted and effectuated.
The High Court's ruling reaffirms the legal position that while an employee has the right to be considered for promotion, the actual grant of promotion is subject to administrative processes and cannot be claimed retrospectively unless exceptional circumstances warrant it.
Bottom Line:
Promotion becomes effective only upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.
Statutory provision(s): Articles 14 and 16(1) of the Constitution of India, DoPT OM No. 22011/5/86-Estt.(D), Supreme Court judgments cited: Union of India v. K.K. Vadera, Jagdish Ch. Patnaik v. State of Orissa, Govt. of West Bengal v. Dr. Amal Satpathi, and others.
Union of India v. Ramesh Chandra Shukla, (Delhi)(DB) : Law Finder Doc id # 2783422
