New Delhi: A government servant who has
wrongly been denied promotion while he was in service can
claim its benefit even after retirement, the Central
Administrative Tribunal has ruled.
"If the promotion has been denied wrongly to a
government servant, who retired on superannuation, the same
has to be operated retrospectively post-retirement," the
tribunal bench of members Veena Chhotray and Shanker Raju said
citing an apex court`s ruling.
The tribunal passed the order on a petition of two
retired employees of the Department of Commerce, M S Tewari
and B K Ghuliani seeking promotion retrospectively as
Assistant Director (Supplies) post retirement.
They contended that the department`s failure to hold
the departmental promotion committee (DPC) on yearly basis as
per the requirements and vacancies have resulted in denial of
their fundamental right to promotion and the same cannot be
denied to them merely because they have superannuated.
The department opposed the employees` plea contending
that they are not bound to grant promotion once an employee is
retired.
Not impressed by the department`s contentions, the
tribunal said that the recruitment rules are applicable even
for promotion.
"It is trite law that whenever the vacancy accrues,
the recruitment rules in vogue are to be applied even for
promotion".
"The department have not acted in a legal manner to
consider the claim of the applicants (employees) rather it is
denied to them. Accordingly, the application is allowed, they
be accorded the actual promotion and all consequential
benefits for promotion and revised pensionary benefits shall
be accorded to them, with arrears," it said.
PTI
