Retrospective Promotion Cannot Be Claimed for Lack of Timely DPC in Absence of Statutory Rules.

The petitioners were appointed as Nursing Officers at AIIMS, Rishikesh during 2017-18

In August 2022, they were promoted to Senior Nursing Officer following a Departmental Promotion Committee (DPC) held that year

The petitioners filed a representation claiming retrospective promotion effective from 2021, asserting they had completed the requisite three years of service by then

The Administrative Officer rejected this representation on 07.07.2023, stating there is no provision for retrospective promotion or notional benefits if a DPC is delayed, and that the posts are not governed by the MACP scheme

The petitioners challenged this rejection via a writ petition, relying on a Department of Personnel and Training (DoPT) Office Memorandum (OM) dated 08.09.1998

1. Whether the petitioners are entitled to retrospective promotion from the date of eligibility (2021) in the absence of a DPC being conducted in that year

2. Whether the DoPT Office Memorandum dated 08.09.1998 mandates promotion from a deemed date or a time-bound promotion regardless of when the DPC meets

the DoPT Office Memorandum dated 08.09.1998, which stipulates that DPCs should be convened at regular intervals according to a fixed time schedule to fill vacancies occurring during a year

in the absence of an express provision or guideline by the DoPT or Government of India, retrospective promotion or notional benefits cannot be granted merely because a DPC was delayed

promotions are vacancy-based and contingent upon the recommendations of a DPC

The Court analyzed the OM dated 08.09.1998 and found that while it directs authorities to hold DPCs regularly, it does not provide any right to "deemed promotion" or time-bound advancement

The Court observed that since promotion is based on the assessment and recommendation of the DPC, an employee cannot be promoted without such an assessment having taken place

It was admitted that the DPC for the petitioners was only constituted in 2022; therefore, their claim for promotion from 2021 lacked a valid recommendation for that period

The Court concluded that since the petitioners' service is not governed by the MACP scheme—where benefits accrue from the date of eligibility—the delay in holding the DPC does not automatically entitle them to retrospective seniority or pay

The writ petition was dismissed, and the order dated 07.07.2023 was upheld

The Court expressed an expectation that AIIMS authorities would adhere to the 1998 OM and constitute DPCs in a time-bound manner for future vacancies