B Ruthamma vs D/o Post on 28 December 2018

1. 1. Union of India represented by The Director General of Posts, Dak Bhavan, Sansad Marg, New Delhi-110001,

2. 2. The Chief Post Master General, A.P.Circle, Hyderabad 500001,

3. 3. The Director Accounts (Postal), AP Circle, Hyderabad 500 001,

... Respondents

Counsel for the applicant : Mr. M VENKANNA

Counsel for the respondents : Mrs. Megharani Agarwal, Addl. CGSC

CORAM :

THE HON'BLE MR .JUSTICE L NARASIMHA REDDY, CHAIRMAN THE HON'BLE MR. B.V.SUDHAKAR, MEMBER (A)

OA 752/2012ORAL ORDERThe logo of the Central Administrative Tribunal, featuring a circular emblem with a sunburst design in the center, surrounded by the text 'Central Administrative Tribunal' and 'REPUBLIC OF INDIA'.

(Per Hon'ble Mr. Justice L Narasimha Reddy, Chairman)

The applicant joined the Department of Posts as Assistant on 20.05.1972. The next higher avenue for the post is Junior Accounts Officer. For that purpose, a candidate must qualify in the accounts test. The applicant cleared that test in 1983. She has been appointed on adhoc basis in the post of Junior Accounts Officer on 02.03.1987 and was regularized in that post with effect from 19.09.1990. She retired from service on attaining superannuation on 31.08.2010. The applicant contends that a vacancy in the post of Junior Accounts Officer arose on 30.12.1988 and since she was qualified by that time, she was entitled to be promoted to the post on regular basis.

2. This OA was filed with a prayer to direct the respondents to regularize her in the post of Junior Accounts Officer with effect from 30.12.1988 and to grant all consequential benefits, till the date of her retirement. She contends that once there is a clear vacancy of the post of Junior Accounts Officer, she is entitled to be considered for appointment in that OA. post

3. The respondents filed counter opposing the OA. They contend that mere existence of a vacancy would not confer right on an employee and that it is only on being issued orders of appointment that she can become regular incumbent in that post.

A handwritten signature or mark, possibly initials, located at the bottom right of the page.

OA-752/2012

4. Heard Mr. M.Venkanna, learned counsel for the applicant and Mr. P Laxman, proxy counsel for Mrs. Megha Rani Agarwal, learned additional standing counsel for the respondents.


5. The brief particulars of service of the applicant are furnished in the preceding paragraphs. The applicant cleared the accounts test in 1983. The record is not clear as to when the vacancy in the post of Junior Accounts Officer was available. The applicant contends that the post became vacant on 30.12.1988 on account of internal arrangement and reorganization in the department. Assuming that the post was available on 30.12.1988, the applicant cannot claim any right against it. It is fairly well settled principle of law that no employee can claim promotion as of right, and mere existence of a vacancy would not be a justification for an employee to claim promotion. Equally, settled is the principle that promotion can never be with retrospective effect except where juniors have been promoted ignoring the seniority of an incumbent. The third aspect is that the applicant retired from service and the question of promoting a retired employee does not arise.

6. Viewed from any angle, the OA does not merit consideration. Therefore it is dismissed with no order as to costs.

प्रमाणित बात CERTIFIED TRUE COPY केस संख्या OA 752/2012 CASE NUMBER निर्णय का तारीख 28-12-2018 DATE OF JUDGEMENT जो सुनवाई किया गया है 7-1-2019 CITY MADE READY ON Ning 7/1/19 स्थान अधिकारी / न्यायिक अधिकारी Session Officer / Court Officer केन्द्रीय प्रशासन विभाग अधिकारी Central Administrative Tribunal उपराज्य न्यायिक/Hydrotyped Bench