ORDER
V.K. Bali, J. (Chairman)
1. Shri K.C. Lohani and another have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash order dated 3.8.2005 passed by the office of Joint Secretary (Training) and Chief Administrative Officer, Ministry of Defence, second respondent herein and also to grant monetary benefits w.e.f. 21.8.2000, the date from which their junior Shri B.S. Kalsy was given in situ promotion.
2. The bare minimum facts, which need necessary mention, reveal that the applicants belong to Armed Forces Headquarters Stenographers Service. On 20.8.1999, Ministry of Personnel, Public Grievances & Pensions (DOP&T) introduced a Scheme of in situ promotion for Under Secretaries, Section Officers and Private Secretaries to the rank of Deputy Secretary, Under Secretary and Principal Private Secretary, respectively in Central Secretariat Service. Following the guidelines of DOP&T, Ministry of Defence issued a letter dated 21.8.2000 and introduced in situ promotion in Armed Forces Headquarters Stenographers’ Service and accordingly, upgraded 19 posts of Private Secretaries to that of Principal Private Secretaries on in situ basis. Shri B.S. Kalsy, who has now retired, though junior to the applicants, was granted in situ promotion as Principal Private Secretary w.e.f. 21.8.2000 while the applicants, who were senior to Shri B.S. Kalsy, were ignored. Aggrieved by this, applicants made representation to 2nd respondent to grant them in situ promotion as Principal Private Secretary but the same was rejected on the advice of DOP&T by observing that normal promotional procedure and guidelines were not applicable in in situ promotion in spite of provisions existing in the Recruitment Rules regarding consideration of a senior along with his juniors, even if the former has not put in requisite number of years of service.
3. There is no need to make mention of other pleadings, in view of the fact proved on record by documentary evidence that Shri B.S. Kalsy is junior to the applicants and has been given in situ promotion w.e.f. 21.8.2000. The seniority list has been placed on record as Annexure A-9 wherein applicants have been shown at Serial Nos. 52 and 53 whereas Shri B.S. Kalsy has been shown at Serial No. 54 in the Draft Seniority List of Private Secretaries in AFHQ Stenographers Service, as on 01.05.2000. It is not disputed in the pleadings made by the respondents that by virtue of order dated 21.8.2000 (Annexure A-12), Shri B.S. Kalsy has been given in situ promotion. All that has been urged by counsel for respondents is that Shri B.S. Kalsy may not be junior to the applicants in as much as regular promotion list is yet to be drawn. This contention has simply to be rejected. It is not the case of the respondents that Shri B.S. Kalsy was appointed prior in point of time than the applicants and for that reason or any other, there is likely to be change in the seniority when the final seniority list is to be framed.
4. For the reasons mentioned above, this Original Application is allowed. A direction is issued to the respondents to grant in situ promotion to the applicants to the post of Principal Private Secretary a day before Shri B.S. Kalsy was granted the same. No costs.