OA No. 1409/2009 with OAs No. 3354/2009, 3355/2009, 3356/2009, 3357/2009, 3358/2009, 3359/2009 & 3360/2009. Case: 1. P. G. George, 2. Sewa Ram, 3. R. S. Sirohiwal, 4. B. P. Singh, 5. Santosh Kumar Kakkar, 6. Anil Kumar Varma, 7. A. K. Das, 8. Saroj Vs 1. Union of India, through Secretary to the Govt. of India, Department of Personnel & Training, Ministry of Personnel, P.G. & Pensions, 2. Secretary, Ministry of Urban Development, 3. Secretary, Ministry of Petroleum & Natural Gas, 4. Secretary, Ministry of Culture, 5. Secretary, Ministry of Coal, 6. Secretary, Ministry of Youth Affairs & Sports, 7. Secretary, Ministry of Home Affairs, 8. Secretary, Union Public Service Commission. Central Administrative Tribunal
| Case Number | OA No. 1409/2009 with OAs No. 3354/2009, 3355/2009, 3356/2009, 3357/2009, 3358/2009, 3359/2009 & 3360/2009 |
| Counsel | Raman Oberoi, R. N. Singh, L. R. Khatana |
| Judges | V. K. Bali (Chairman) & L. K. Joshi (Vice Chairman) |
| Issue | Service Law |
| Judgement Date | April 22, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
L. K. Joshi (Vice Chairman), (Principal Bench, New Delhi)
1. As these OAs are founded on the same basis of facts and law, we are disposing of these OAs by this common order, with the consent of the learned counsel for the parties. For convenience, facts have been extracted from OA number 1409/2009.
2. The question before us for consideration is whether the retired employees of the Government would be eligible for notional promotion retrospectively, if the meeting of Departmental Promotion Committee, held after their retirement, considers them fit for promotion and persons junior to them in Service are promoted retrospectively from the dates, when such retired employees were in Service.
3. The Applicant joined the Government of India in the cadre of Central Secretariat Service (CSS) as Assistant on 25.08.1973 and rose to become Section Officer and then Under Secretary. The Applicant retired as Under Secretary on superannuation on 31.10.2008. The Department of Personnel and Training (DOP&T) issued on 30.01.2009 a Select List of Grade I officers of the CSS considered fit for inclusion in the Selection Grade (Deputy Secretary) of CSS for 2006. This Select List was based on the recommendations of the Selection Committee, which had met on 22.01.2009. By virtue of the Office Memorandum (OM) number 22011/4/98-Estt (D), dated 12.10.1998, the retired persons were considered by the Selection Committee and names of those who were found fit were included in the Select List. The aforesaid OM is reproduced below:
'Procedure to be followed by the Departmental Promotion Committees in regard to retired employees'
2. Doubts have been expressed in this regard as to the consideration of employees who have since retired but would also have been considered for promotion, if the DPC(s) for the relevant year(s) had been held in time.
3. The matter has been examined in consultation with the Ministry of Law (Department of Legal Affairs). It may be pointed out in this regard that there is no specific bar in the aforesaid Office Memorandum, dated April 10, 1989 or any other related instructions of the Department of Personnel and Training for consideration of retired employees, while preparing yearwise panel(s), who were within the zone of consideration in the relevant year(s). According to legal opinion also, it would not be in order, if eligible employees, who were within the zone of consideration for the relevant year(s) but are not actually in Service when the DPC is being held, are not considered while preparing yearwise zone of consideration/panel and, consequently, their junior are considered (in their places) who would not have been in the zone of consideration, if the DPC(s) had been held in time. This is considered imperative to identify the correct zone of consideration for relevant year(s). Names of the retired officials may also be included in the panel(s). Such retired officials would, however, have no right for actual promotion. The DPC(s), may, if need be, prepare extended panel(s) following the principles prescribed in the Department of Personnel and Training, O.M. No.22011/8/87-Estt(D), dated 9-4-1996. (Copy enclosed).
4. Ministries/Departments are requested to bring these instructions to the notice of all concerned including their Attached and Subordinate Offices."
Another notification was issued by the DOP&T on 13.02.2009, which is also reproduced below in extenso:
No.4/12/2001-CS.I (D)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
Lok Nayak Bhawan, Khan Market
New Delhi Dated the 13th February, 2009
OFFICE MEMORANDUM
Subject: Fixation of pay of the officers of Grade I (US) of CSS, on inclusion in the Selection Grade (Deputy Secretary) of CSS Select List o 2003, 2004, 2005 and 2006.
Select Lists of Selection Grade (Deputy Secretary) of CSS for the years 2003, 2004, 2005 and 2006 have been finalized and issued vide this Department's OM No.4/1/2007-CS.I(D) dated 26.12.2008, OM No. 4/4/2008-CS.I(D) dated 7.1.2009 and OM No. 4/9/2008-CS.I(D) dated 30.1.2009 respectively. Names of the officers who have been considered fit for inclusion in CSS Selection Grade (Deputy Secretary) Select Lists for the above years, but have since retired on attaining the age of superannuation or otherwise, have also been included in the Select Lists as per the existing instructions.
2. The question of fixation of pay of the officers who are included in the Select List of Selection Grade (Deputy Secretary) of CSS for the years 2003, 2004, 2005 and 2006 has been considered in this Department. Since the approved Service in respect of such officers in terms of Rule 2 (c) (iii) of the CSS Rules 1962, counts from the 1st July of the respective Select List Year, the pay of such officers may be fixed in terms of the provisions contained in FR 22(1)(a)(i) i.e. w.e.f. 1st July of the respective Select List year in which they have been so included, on notional basis. The actual financial benefits, however, would be available only from the date the officers are so appointed and assumed the charge of Deputy Secretary.
3. All Administrative Ministries/Departments are requested to notify the appointments of the officers on a regular basis w.e.f. 1st July of the respective year in which the officers have been included, if not already done and take action regarding fixation of pay in respect of officers working under them, in accordance with para 2 above. These instructions shall not apply in the case of officers who were granted pay benefits under this...
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