Retired Naval Stores Officer Gets Notional 2015-16 Promotion And Pension Refixation After Post-Retirement DPC

The applicant, an Assistant Naval Stores Officer Grade-II (ANSO-II), retired on 31 May 2015.

The respondents convened a DPC on 5 January 2016 to consider vacancies for 2014–15 and 2015–16 together.

The applicant was empanelled for promotion to ANSO-I for 2015–16, but was not promoted because he had retired before the panel and promotion orders were issued in January and February 2016.

He sought notional promotion against 2014–15 vacancies, relying on the delay in holding the DPC and the DoPT Model Calendar.

The respondents contended that he did not meet the minimum service requirement for consideration in 2014–15 and that the applicable DoPT instructions precluded actual promotion after retirement.

Under SRO 32/2009, promotion to ANSO-I required three years’ regular service in ANSO-II; the respondents relied on this requirement to dispute the applicant’s eligibility for the 2014–15 DPC year.

The DoPT Model Calendar requires timely conduct of DPCs, and the DoPT OMs dated 14 November 2014 and 25 January 2016 were considered in relation to the treatment of retired employees and notional promotion.

The Tribunal relied on Satya Narayan and Ors. v. Union of India and Ors., which held that the bar on “actual promotion” of retired employees does not, in appropriate circumstances, prevent notional promotion and pension refixation where an employee’s consideration was delayed for reasons not attributable to them.

The Tribunal found that the applicant was within the zone of consideration for 2015–16, that the DPC was delayed and held only after his retirement, and that the respondents had not adequately explained why his case was not considered at the appropriate time.

It considered the failure to follow the Model Calendar and the undisputed availability of vacancies, and concluded that the applicant should not be deprived of notional promotion because of administrative delay.

Applying Satya Narayan, it distinguished notional promotion for pensionary purposes from actual appointment to the higher post, and held that the DoPT instructions did not bar the former in these circumstances.

It directed them to treat the applicant as notionally promoted to ANSO-I and to refix his pay for the limited purpose of revising his pension and retiral benefits, completing the exercise within two months of receiving the order.