Case Note & Summary
The Union of India, through the Secretary, Department of Revenue and the Commissioner of Central Excise, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging an order dated 10.03.2023 passed by the Central Administrative Tribunal, Chennai Bench in O.A.No.1152/2013. The first respondent, T.S. Jeyachandar, a retired Joint Commissioner of Central Excise, had filed the original application seeking relief to be promoted as Additional Commissioner in the Non-Functional Financial Upgradation (NFSG) grade/scale notionally along with the 1990 batch of Assistant Commissioners, or alternatively to upgrade his pay to NFSG grade/scale under the DOPT order with effect from 01.07.2006, or to promote him as Additional Commissioner in the pay of NFSG as he had completed 13 years of service as Assistant Commissioner. The first respondent was appointed on 18.09.1974, promoted as Appraiser on 24.03.1983, and subsequently promoted to Assistant Commissioner on ad hoc basis from 17.01.1990, Deputy Commissioner on ad hoc basis from 17.01.1994, and Joint Commissioner on ad hoc basis from 29.04.2005. He voluntarily retired from service with effect from 31.10.2008, which was accepted by the Department vide Notification No.50/2008 dated 23.10.2008. The petitioners contended that the first respondent's name was not found in the final seniority list published pursuant to court orders, and ad hoc promotions during litigation did not confer any right to further promotion. The Tribunal had not considered the factual issue of finalization of seniority list. The first respondent argued that he held the post of Assistant Commissioner from 17.01.1990 and should be considered for Additional Commissioner on completion of 13 years, as ad hoc promotions were granted to others. The High Court examined the facts and held that ad hoc promotions do not confer a right to further promotion, and the seniority list was not finalized. Moreover, the first respondent had voluntarily retired, and no direction for promotion could be granted after retirement. The court also noted that NFSG is a financial upgradation, not a promotion. Consequently, the writ petition was allowed, and the Tribunal's order was quashed.
Headnote
A) Service Law - Ad Hoc Promotion - Right to Further Promotion - Ad hoc promotions granted during pendency of litigation do not confer any right to claim further promotion to a higher post - The final seniority list is the basis for determining eligibility for promotion - Held that the Tribunal's direction to consider the applicant for promotion as Additional Commissioner was not sustainable as the seniority list was not finalized (Paras 2-6). B) Service Law - Voluntary Retirement - Effect on Promotion Claims - An employee who voluntarily retires from service cannot claim promotion after retirement - The first respondent voluntarily retired on 31.10.2008, which was accepted by the Department - Held that no direction for promotion can be granted after retirement (Paras 4, 6). C) Service Law - Non-Functional Financial Upgradation (NFSG) - Distinction from Promotion - NFSG is a financial upgradation scheme and not a promotion - The claim for NFSG grade/scale is distinct from promotion to the post of Additional Commissioner - Held that the Tribunal's order directing consideration for promotion was erroneous (Paras 3, 6).
Issue of Consideration
Whether ad hoc promotions granted during pendency of litigation confer a right to further promotion to the post of Additional Commissioner, and whether the Tribunal erred in directing consideration of promotion without a finalized seniority list.
Final Decision
The writ petition is allowed. The order of the Central Administrative Tribunal, Chennai Bench dated 10.03.2023 in O.A.No.1152/2013 is quashed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Ad hoc promotion does not confer right to further promotion
- Final seniority list is essential for promotion claims
- Non-functional financial upgradation is distinct from promotion
