A government servant who has wrongly been denied promotion while he was 
“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.