Facts
The applicant, Pankaj Kumar Thakur, joined as a Junior Translator at N.S.I. Kanpur on March 21, 2017.
Source reference: p.2He was confirmed on March 21, 2019.
Source reference: p.2On October 22, 2024, he sought promotion to Assistant Director (Official Language) and requested a timely Departmental Promotion Committee (DPC) for the 2020 vacancy, citing an Office Memorandum (OM) dated August 12, 2021.
Source reference: p.2His request was rejected by the Senior Administrative Officer on January 9, 2025, on the grounds of ineligibility under OM dated May 8, 2017, which set the eligibility date as January 1, 2025.
Source reference: p.2Respondents 1-4 stated that as per DoP&T OM dated May 8, 2017, the crucial date for eligibility was January 1, 2026, and the applicant would only complete the requisite eight years of service in March 2025.
Source reference: p.2-3They contended that the relaxation provided in DoP&T OM dated August 12, 2021, for up to three months in eligibility service, was applicable only until the vacancy year 2023 and not for 2024 onwards.
Source reference: p.3They also mentioned that the applicant's service record had not been satisfactory.
Source reference: p.3The Union Public Service Commission (UPSC), Respondent 5, stated that the relaxation of qualifying service for three months was permitted only up to vacancy years 2023 and not for 2024 onwards.
Source reference: p.3-4The UPSC further noted that no proposal for the applicant's promotion had been received from the department.
Source reference: p.4The applicant clarified that he was claiming regular promotion for the vacancy year 2020 and sought the three months' relaxation in eligibility service as he would complete eight years of service on March 21, 2025.
Source reference: p.4He argued that the DoP&T OM dated August 12, 2021, applied to vacancy years 2019 to 2023, including 2020, making him eligible as of January 1, 2025, contrary to the respondents' interpretation.
Source reference: p.4He denied allegations of an unsatisfactory service record.
Source reference: p.5Issues
1. Whether the applicant is eligible for promotion to the post of Assistant Director (Official Language) for the vacancy year 2020 with a relaxation in eligibility service as per DoP&T OM dated August 12, 2021.
Source reference: p.2, p.4, p.52. Whether the impugned order dated January 9, 2025, rejecting the applicant's claim for promotion, is liable to be quashed.
Source reference: p.2, p.5Law Applied
The court primarily applied the Department of Personnel and Training (DoP&T) Office Memorandum (OM) dated August 12, 2021, concerning relaxation in eligibility service and the change in the crucial date to January 1st.
Source reference: p.4, p.6-7It also referenced the DoP&T OM dated May 8, 2017, which shifted the vacancy year from a financial year to a calendar year and set the crucial date of eligibility as January 1st from 2019 onwards.
Source reference: p.6Additionally, the court considered the Recruitment Rules (RRs) for the Assistant Director (Official Language) position, which stipulate eligibility conditions including eight years of regular service as a Junior Translator.
Source reference: p.6Reasoning
The court analyzed the applicant's claim for promotion to Assistant Director (Official Language) against the 2020 vacancy based on the DoP&T OMs.
Source reference: p.5, p.8It noted that the applicant joined as a Junior Translator on March 21, 2017, and thus, as per the RRs requiring eight years of service, he had only completed three years by the 2020 vacancy year, making him ineligible at that time.
Source reference: p.6The court further examined the DoP&T OM dated August 12, 2021, which provided a relaxation of up to three months in eligibility service due to the change in crucial date from April 1st to January 1st.
Source reference: p.7This relaxation was intended to enable employees to be considered for promotion in that year and was specifically delegated to departments for the vacancy years 2022 and 2023.
Source reference: p.7Crucially, the OM explicitly stated that "no delegation of relaxation of eligibility of service shall be available for the vacancy year 2024".
Source reference: p.7Since the applicant would complete his eight years of service only in March 2025, and no relaxation was available for 2024 onwards, the court found he could not be considered eligible with effect from January 1, 2025.
Source reference: p.7Therefore, the respondent's decision, communicated via the letter dated January 9, 2025, was deemed consistent with the prevailing rules.
Source reference: p.7Holding
The court concluded that there was no merit in the applicant's Original Application.
The relaxation of three months in eligibility service, as per the DoP&T OMs, was not available for the vacancy year 2024 and onwards.
Source reference: p.7As the applicant would complete the required eight years of service only in March 2025, and the crucial date of eligibility was January 1st, he could only be considered for promotion with effect from January 1, 2026.
Source reference: p.7, p.8The court held that the respondents' stand was correct and accordingly dismissed the Original Application.
Source reference: p.8No order was made as to costs.
Source reference: p.8Original Court PDF
Pankaj Kumar Thakur v. Union of India and Others [Original Application No. 485 of 2025]
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