G Koti Reddy vs M/o Railways on 16 October 2026

O R D E R

PER:HON’BLEMR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief: “…to call for the records pertaining to Letters No. B/P.535/1/2/Vol.5 dt. 15.03.2019 and No. SCR/P-HQ/345/TE/SCR dt. 26.02.2020 and the related proceedings and set aside the stand taken in the said letters that the applicant was granted proforma promotion as Travelling Ticket Inspector w.e.f. 17.12.2013 as illegal, arbitrary, unjust, discriminatory and direct the Respondents to grant promotion to the applicant as Travelling Ticket Inspector w.e.f.31.12.2012 on par with junior, with a further direction to fix the pay with GP Rs. 4200/- w.e.f. 31.12.2012 by paying arrears of pay and allowances from 31.12.2012 to 31.12.2018 and fix the pension on the said revised pay to be drawn as on the date of retirement and release the difference in retirement benefits and pension paid from time to time by paying interest @ 10% on the said differential amounts from 31.12.2012 till payment is made and grant all other consequential benefits and pass such other order or orders as deemed fit in the interest of justice.”

2. Facts of the case, in brief, as submitted by the applicant, are as follows:

i. The applicant, while working in the Commercial Department of the Vijayawada Division of the South Central Railway, as a Travelling Ticket Inspector (TTI), retired from service on 31.12.2018, on attaining the age of superannuation. At the time of retirement, the applicant's pay was considered as Rs.41,100/- in Level-6 of the VII CPC pay matrix. In terms of the said pay erroneously being drawn, the last pay was arrived at, accordingly, for releasing the settlement benefits and for fixing pension, as per PPO No. 20187090700811, dt.27.12.2018.

ii. While the Applicant was working as a Senior Ticket Examiner, with GP Rs.2800/-, after the Disciplinary Authority (DA) imposed a

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penalty, during the process relating to submission of Appeal and Revision, the applicant’s junior was promoted, vide order, dt.31.12.2012, as Travelling Ticket Inspector, with GP Rs.4200/-. Thereafter, the Revising Authority (RA) reduced the penalty imposed by the Disciplinary Authority/Appellate Authority (AA) to that of reduction to a lower grade for a period of 3 years, without loss of seniority, from the post of Senior Ticket Examiner GP Rs.2400/- to Ticket Examiner with GP Rs.1900/-, duly fixing his pay at the minimum of the scale of pay. The applicant was, thereafter, issued with a minor penalty memorandum, dt.05.02.2016, as a result of which a penalty was imposed on 18.04.2016, which has no relevance to the subject case. The applicant submitted a representation on 25.04.2016, to the effect that the earlier penalty, imposed by the DA and confirmed by the Appellate Authority, was revised by the Revisionary Authority, and, thereby, the penalty was over by 11.10.2013. He requested to grant promotion to him as TTI with GP Rs.4200 and to re-fix his pay. The applicant placed at Sl.No.1 in the Select List, vide Memorandum, dt.28.12.2016, of employees to be promoted to the post of Travelling Ticket Inspector. He was promoted, vide order, dt.08.08.2017, fixing the pay in Level-6 (GP 4200/-) at Rs.36,500/-.

iii. It is submitted that the applicant was paid arrears, pertaining to the reduced penalty, but not the arrears pertaining to the delayed promotion. He had submitted a representation on 17.11.2017 to the DRM, Vijayawada, stating that his junior, ShriK.Srinivasulu, had been promoted, vide office order, dt.31.12.2012, and that the promotion of

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the applicant on completion of the 1st punishment ought to have been granted before the minor penalty was imposed, during the period when the applicant was not undergoing any penalty.

iv. According to the applicant, his pay was fixed on 05.12.2018 for the purpose of retirement, showing notional fixation from 01.01.2016 upto 01.07.2018, showing Rs.41,100/- as the last pay drawn at his retirement on 31.12.2018. To his representation, dt.11.02.2019, reiterating his request to grant him promotion w.e.f. 12.10.2013, a reply was given on 15.03.2019 to the effect that the applicant was extended promotion as TTI in GP Rs.4200/-, w.e.f. 17.12.2013, on proforma basis and, w.e.f. 08.08.2017, on actual basis, on par with his junior, vide office order, dt.18.012.2017. It is argued that the junior to the applicant was promoted as TTI w.e.f. 31.12.2012, but, this date was not taken into consideration, despite the claim in the said reply,dt.15.03.2019, that the proforma promotion was granted on par with his junior. He was not issued any office order,dt.18.12.2017, nora copy of it was enclosed with the said reply,dt.15.03.2019. However, the question of proforma promotion does not arise when the promotion, on completion of the penalty, was not granted w.e.f. 31.12.2012 and, on account of the delay by the respondent administration, the applicant should not suffer. v. The applicant states that he had approached the Assistant Labour Commissioner (Central), Vijayawada (ALC, for short), with a representation about the denial of promotion after completion of penalty. The said authority held a discussion on 16.05.2019, by calling

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the representatives of the offices of the Senior DPO and the Senior DCM of Vijayawada. The ALC disposed of the representation of the applicant by advising him to approach the appropriate forum as there was difference of opinion between the parties. Thereafter, the applicant submitted another representation on 28.01.2020 to the Principal Chief Personnel Officer, SCR, which was a copy of the letter,dt.11.02.2019. The office of the PCPO, SCR, disposed of the same vide letter, dt. 26.02.2020, by referring to the earlier reply, dt.15.03.2019, of the Senior DPO, Vijayawada, by repeating that he was promoted as TTI, on proforma basis, from 17.12.2013 and, on actual basis, from 08.08.2017.

3. The applicant has raised the following grounds for relief:

i. Respondents have not disputed the entitlement of the applicant to promotion, on completion of the penalty, on par with his junior, as mentioned in the letter, dt.15.03.2019, however, by denying promotion as Travelling Ticket Inspector from the date on which the junior was promoted, on completion of penalty, Respondents have caused severe monetary loss, by not revising the pay, till retirement, and not granting the promotion w.e.f.31.12.2012. The said action resulted in not getting arrears of pay and getting less retiral benefits and pension.

ii. The action of the Respondents in stating that proforma promotion is granted on par with his junior, but not granting the same, w.e.f. 31.12.2012, i.e., the date on which the junior was promoted, and granting it from 17.12.2013, is illegal, discriminatory and in violation of Articles 14, 16 and 21 of the Constitution.

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iii. The action of the Respondents resulted in imposition of another penalty by not acting upon the revised penalty, in violation of the orders of the Revising Authority. Hence, the OA.

iv. It is submitted that, without granting the promotion to the post of Travelling Ticket Inspector on completion of the penalty and by not fixing the pay of the applicant properly, gross injustice is done to him, affecting his pension each month, giving a continuous cause of action.

4. On notice, Respondents have filed their reply statement wherein they have averred as follows:

i. As a preliminary objection, it is submitted that the OA is barred by limitation and is liable to be dismissed on the grounds of delay and latches, since the applicant was informed that he was promoted as TTI, on proforma basis, w.e.f.17.12.2013, and, on actual basis, from 08.08.2017, vide Office Order, dt.18.12.2017, while disposing of all his representations, submitted prior to 18.12.2017. The cause of action had arisen from the date of issue of the Order, i.e.,18.12.2017, and the delay has to be calculated from that date. But, the applicant remained silent and retired from service on 31.12.2018 and received all the retirement benefits as per the pay he was drawing before his retirement, without any objection. It is submitted that the first representation from the applicant was received in the office of the Sr.D.P.O./R-5 on 11.02.2019, i.e., after 01 year and 03 months since the issue of the Office Order,dt.18.12.2017, and that, too, after serving for one year prior to his retirement on 31.12.2018. After 03 years and

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01 month, approximately, from the Office Order,dt.18.12.2017, the applicant filed this OA.Hence, this OA is barred by limitation and is liable to be dismissed on the ground of delay and latches.

5. The following points have also been made by the Respondents –

i. The applicant, while working as Senior Ticket Examiner (Sr.TE), in the Grade Pay Rs.2400/-, was imposed with the penalty of "Reduction to a lower grade for a period of five years with loss of seniority i.e. from Sr.TE (PB 1, Scale: Rs.5200-20200/-, GP Rs.2400/-) to TE (PB 1, Scale: Rs 5200-20200/-, GP Rs.1900/-) duly fixing his pay at the minimum of the pay scale i.e., Rs 5200/- with GP Rs.1900/- and having cumulative effect:”

by the Disciplinary Authority(DA), vide memorandum No.B/C.DAR/Vig/Major/03/2010, dt.17.12.2010. The penalty was implemented from that date itself. ii. As per the rules, the appeal against the Penalty Order of the DA should be preferred within 45 days. But the applicant preferred appeal, dt.02.02.2012 and 10.09.2014, belatedly to the Appellate Authority (AA). It was disposed of, vide order, dt. 24.12.2014, by upholding the punishment awarded by the DA. Against the order, dt. 24.12.2014, of the AA, the applicant preferred a Revision Petition to the Revising Authority (RA) on 29.01.2015. The Revising Authority reduced the penalty to that of "Reduction to a lower grade for a period of 3 years (C) without loss of seniority i.e. from Sr.TE (GP. Rs.2400/-) to TE (GP.Rs.1900/-), duly fixing his pay at the minimum of pay scale", vide memorandum, dt. 23.12.2015.

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iii. Before the date of order of reduction of penalty, on 23.12.2015, the applicant had undergone another penalty imposed by the Disciplinary Authority, on 17.12.2015. However, while implementing the decision of the Revising Authority, the pay of the applicant was revised by reducing the period of penalty from 05 years to 03 years, vide memorandum, dt.03.02.2016. The applicant was considered for promotion to the post of Travelling Ticket Inspector (TTI), in the Grade Pay 4200/-, vide the Select List, dt.28.12.2016. Since the applicant was undergoing a minor penalty, from 01.05.2016 to 30.04.2017, in another Disciplinary matter, he was promoted as TTI with effect from 08.08.2017. iv. Respondents have pointed out that the applicant has filed a copy of his representation, dt.17.11.2017, with his rejoinder to the reply filed by the Respondents in MA No.166 of 2021, wherein, the applicant requested the Railway Administration to consider him for promotion to the post of TTI, after completion of his penalty, i.e., after October 2013. The applicant was considered as promoted to the post of TTI, on proforma basis, w.e.f.17.12.2013, i.e., the date of completion of penalty and, on actual basis, from 08.08.2017, i.e.,the date of shouldering higher responsibility, vide Office Order,dt.18.12.2017. Accordingly, the pay of the applicant was revised from 17.12.2013 and fixed as per his entitlement under the rules. Therefore, the representation, dt. 17.11.2017, presented by the applicant through his rejoinder to the reply in MA No.020/166 of 2021 stands disposed of. The applicant has acknowledged the Order, dt.18.12.2017. Since then,

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the applicant remained silent and retired from service on 31.12.2018 and received all the retirement benefits as per the pay he was drawing before his retirement without any demur. Hence, he is estopped from making any objections at this distant date. v. Later, another representation, dt.17.11.2017, from the applicant, was received in the office of the 5th Respondent on 11.02.2019, requesting the Administration to extend the promotion of Travelling Ticket Inspector (TTI) either from the date of completion of 3 years’ punishment or from the date of issue of the order by the Revising Authority, i.e., 23.12.2015, since his juniors were promoted as TTI, in the month of December, 2012. The same was disposed of by informing him that his promotion to the post of TTI in GP 4200/- was already considered w.e.f. 17.12.2013, i.e., on completion of his penalty of reduction to lower grade and on restoration as Sr.TE in GP 2400/-, vide order, dt. 15.03.2019.

vi. In regard to the relief sought by the applicant to consider his promotion w.e.f 31.12.2012, on par with his junior, and to grant consequential benefits from 31.12.2012, is found to be baseless, in view of the fact that the applicant was working in the post of GP 1900/-, as he was undergoing penalty of reduction to lower grade, i.e., from Sr.TE in GP 2400/- to TE in GP 1900/-, as a measure of Disciplinary Action till 17.12.2013. The post of Sr.TE in GP 2400/- is a feeder grade to fill up the vacancies in the post of TTI in GP 4200/- and, thus, an employee working in the post of Sr.TE in GP 2400/- at the time of consideration for promotion only will be eligible for promotion to the post of TTI in

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GP 4200/-. Since the applicant was working in the post carrying GP 1900/- and not in the feeder grade, with GP 2400/-, while undergoing the penalty, with cumulative effect, which was completed by 17.12.2013, he was not eligible for promotion on par with his junior as his junior was working in the post of Sr.TE in GP 2400/- on the date of his promotion, i.e., 31.12.2012, whereas the applicant was working in the post carrying GP 1900/- on 31.12.2012.

vii. It is noteworthy that the applicant performed the duties of TE in GP 1900/-, from 17.12.2010 to 17.12.2015, as the penalty imposed by the DA/AA was for 05 years. It was subsequently modified by the Revising Authority and the period was reduced from 05 years to 03 years, vide order, dt.23.12.2015, that, too, after the completion of the original 05 year period of penalty initially imposed.

viii. Due to the reduction of the period of penalty, from 05 years to 03 years, the penalty of the applicant was completed by 17.12.2013.Thus, the applicant was considered and promoted as TTI in GP 4200/-, on proforma basis, w.e.f.17.12.2013, i.e., the date of completion of penalty, but on actual basis from 08.08.2017, i.e., date of shouldering higher responsibility, vide Office Order, dt.18.12.2017. Accordingly, the pay of the applicant was revised from 17.12.2013 and fixed, as per his entitlement. It is submitted that when the applicant did not perform the duties of TTI or shouldered higher responsibility as TTI till 08.08.2017, the applicant is not eligible to draw the pay of TTI. Hence, the pay of the applicant was fixed correctly as if promoted as TTI in the Grade Pay 4200/-, on a proforma basis, w.e.f.17.12.2013, i.e., the

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date of completion of penalty and by allowing the pay, on actual basis, from 08.08.2017. Since proforma fixation of pay of the applicant was done, in GP 4200/- as TTI, from 17.12.2013, his retirement benefits are not affected.

ix. It is further submitted that the applicant, while working as Travelling Ticket Inspector (TTI) in GP 4200/- in the Commercial Department of Vijayawada Division of South Central Railway, retired on 31.12.2018 on superannuation. The last pay drawn by the applicant at the time of retirement is Rs.41,100/- and the settlement benefits, viz., pension, gratuity and Leave salary, etc., were paid as per the last basic pay drawn by the applicant, as per Rules, and the applicant received the retirement benefits without any demur. The applicant did not state in the O.A. as to how the pay fixed was wrong. x. Although the penalty imposed for 5 years, w.e.f. 17.12.2010, was completed by 17.12.2015, i.e., prior to reduction of the penalty by the Revising Authority, on 23.12.2015, by implementing the decision of the Revising Authority, the pay of the Applicant was revised, duly reducing the period of penalty from 05 years to 03 years, vide memorandum,dt.03.02.2016. Also the Applicant was considered for promotion to the post of Travelling Ticket Inspector(TTI), in GP-4200. After being found suitable for such promotion, his name was placed on the Select List, dt.28.12.2016. But, the promotion as Travelling Ticket Inspector (TTI) was given on 08.08.2017, since the Applicant was undergoing the penalty from 01.05.2016 to 30.04.2017, against another minor penalty charge sheet.

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xi. Later, the General Secretary/South Central Employees Sangh (Recognized Trade Union), vide letter, dt.11.05.2017, requested the administration for restoring his seniority and to given him consequential promotion to higher grade, on completion of penalty. The Applicant also submitted a representation, dt.17.11.2017, requesting to restore him back to his due date of promotion. The applicant was, however, considered as if he was promoted to the post of Travelling Ticket Inspector (TTI) w.e.f.17.12.2013, i.e., from the date of completion of his punishment and pay was fixed at Rs.13,780/- (VI CPC) in GP 4200/-, as on 17.12.2013, on pro-forma basis and at Rs.39,900/- in Level-6 (7thCPC) on the actual basis from 08.08.2017, i.e., the actual date of shouldering higher grade responsibilities as Travelling Ticket Inspector(TTI), vide office order,dt.18.12.2017, which disposed of the General Secretary/South Central Employees Sangh letter, dt.11.05.2017, and the representation of the applicant,dt.17.11.2017.

xii. It is also submitted that the applicant in Para.4.2 of the OA was intentionally misleading the Tribunal, by suppressing the fact of fixation of his pay at Rs.39,900/-, in Level-7, w.e.f.08.08.2017, vide Office Order, dt.18.12.2017, and had made a false submission that he was promoted, vide order, dt.08.08.2017, and his pay was fixed at Rs.36,500/- in Level-6 (GP 4200/-).

xiii. The applicant submitted a representation on 11.02.2019, after retirement, requesting to grant TTI promotion from the date of completion of his punishment, i.e., after 11.10.2013, but he had

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completed his punishment on 17.12.2013, and not on11.10.2013, as contended. It is further submitted that the said representation, dt.11.02.2019, was disposed of by the Railway Administration, vide the impugned letter, dt.15.03.2019, duly informing him that he was already promoted to the post of TTI, on completion of the penalty, i.e., w.e.f.17.12.2013.

xiv. It is reiterated that the applicant was considered for promotion on par with his juniors, who were promoted on 31.12.2012, and granted promotion as Travelling Ticket Inspector(TTI), in Level-6, w.e.f.17.12.2013, instead of 31.12.2012, since he was undergoing penalty on the crucial date of promotion of his juniors, i.e., 31.12.2012 and the said penalty was completed on 17.12.2013. In terms of Para 3.9(iv) of the Railway Board's letter, dt.21.01.1993 (RBE No. 13/1993) communicated by the PCPO/SC as Serial Circular No. 16/1993, if a person becomes due for promotion after finalisation of the disciplinary proceedings and the penalty imposed is reduction to a lower time scale, grade or post, he should be promoted only after the expiry of the penalty. Hence, the promotion to the post of Travelling Ticket Inspector(TTI) granted to the applicant from 17.12.2013, i.e., after completion of penalty is correct. The Administration, vide letter, dt.15.03.2019, has, accordingly, given a reply to the applicant in response to his representation, dt.11.02.2019. The Applicant received the office order, dt.18.12.2017, on 03.01.2018, under clear acknowledgement. Thus, the contention of the applicant that he was not issued with the office order, dt.18.12.2017, and no such copy was

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enclosed with the reply, dt.15.03.2019, is alleged to be false and misleading.

xv. It is further submitted that the applicant submitted a representation, on 28.01.2020, to the Principal Chief Personnel Officer(PCPO), SCR, and the same was disposed of by PCPO, vide letter, dt.26.02.2020, duly advising the applicant that - "…you have been promoted as TTI on proforma basis w.e.f. 17.12.2013 and on actual basis from 08.08.2017. Hence, no arrears is to be paid."

Since the final settlement benefits, i.e., pension, gratuity, etc., on retirement of the Applicant, were paid as per the revised pay, there was no effect on the pension or other retirement benefits of the applicant.

xvi. In view of above, the prayer of the applicant for granting the promotion from 31.12.2012, i.e., while undergoing a penalty is not acceptable. He is eligible for promotion to the post of Travelling Ticket Inspector (TTI) in GP 4200/-, w.e.f 17.12.2013 only, and not from 31.12.2012.

xvii. Respondents have contended that there are no merits in the OA and it may be dismissed.

6. In response to MA.No.166/2021, filed by the applicant, Respondents have filed a counter reiterating the submissions made in their reply statement and also making certain allegations, as follows -

i. The representation, dt.17.11.2017, of the applicant is a fabricated document as he himself stated in the representation that he retired from service on 31.12.2018 on superannuation and referred to the Pension

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Payment Order, dt.31.12.2018, issued by the Railways in the said representation. Thus, it is crystal clear that the representation dt.17.11.2017, is fabricated and non est.

ii. The so-called representation from the applicant with the date of 17.11.2017, was received in the office of the 5th Respondent on 11.02.2019 and the same was disposed of, informing him, vide order, dt.15.03.2019, that his promotion to the post of TTI in GP 4200/- was considered from 17.12.2013, on his restoration as Sr.TE in GP 2800/-. The contents of his representation, dt.11.02.2019, are similar to those in the representation, dt.17.11.2017, and only the date is changed to '11.02.2019'. As such, the disposal by Railway Administration, vide letter, dt.15.03.2019, holds good even for the representation, dt.11.02.2019.

7. In his rejoinder to the reply to the MA, applicant has justified the date of 17.11.2017 on his representation, which was forwarded to the Sr.Divisional Personnel Officer the same day. He had admitted that the date was repeated, inadvertently, on his next representation, dt.11.02.2019.

8. Heard both the parties and perused the material placed on record.

9. We may observe that so far as the issue of delay and latches in filing the OA is concerned, it has been considered and settled while accepting the MA for condonation of delay in filing the present Original Application, vide docket order, dt.18.08.2021, of this Tribunal. We shall now proceed to consider other aspects of the matter.

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10. To understand as to whether the applicant has a valid case for antedating his promotion, on actual basis, we may look at the factual matrix in a chronological manner. The version of the applicant is as follows – “CHRONOLOGICAL EVENTS Sl. No. Date Event

1. 31.12.2012 Junior to the applicant was promoted as TTI to GP Rs.4200/-

2. 17.12.2013 Applicant completed his penalty

3. 08.08.2017 Promotion was granted

4. 17.11.2017/ 19.02.2019 Applicant submitted representations

5. 15.03.2019/ 26.02.2020 Impugned replies were given

11. Certain facts, left out by the applicant in the table above, may be seen below: Sl. No. Date Event

1. 18.05.2010 Issue of charge sheet

2. 17.12.2010 Date of imposition of penalty of reduction to a lower grade for a period of five years with loss of seniority from Sr.TE to TE (45 days given for filing appeal)

3. 02.02.2012/ 10.09.2014 Dates of filing appeal/addl.appeal

4. 24.12.2014

Order

of the Appellate Authority upholding the penalty imposed by the DA

5. 29.01.2015 Submission of Revision Petition by the applicant

6. 23.12.2015 Order of the Revisionary Authority, curtailing the punishment of reduction to lower grade for the period from 5 years to 3 years (C) without loss of seniority resulting in completion of revised penalty on 17.12.2013

7. 03.02.2016 Order granting restoration of GP 2400 after 3 years

8. 17.12.2015 Penalty under fresh charge sheet imposed

9. 01.05.2016 to 30.04.2017 Underwent minor penalty

12. The applicant has repeatedly requested for fixing his pay with Grade Pay Rs.4200/- w.e.f. 31.12.2012. RA’s order, curtailing the period of punishment,

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has been issued on 23.12.2015, pushing back the effective period of reduction in the scale of pay from 17.12.2015 (5 years) to 17.12.2013 (3 years), as ordered by Respondent No.5, vide Memo, dt.03.02.2016 (Ann.R4).

13. It is worth noting that the order of the Revisionary Authority, curtailing the period of reduction of pay scale to a lower grade, came much after 31.12.2012. The revised penalty extending to 3 years was actually completed on 17.12.2013. The Select List for promotion came on 28.12.2016 and the order promoting the applicant as TTI was issued accordingly. It is also a matter of record that a fresh charge memo was also issued on 17.12.2015, prior to the issue of order of the Revisionary Authority, reducing the period of punishment from 5 years to 3 years without loss of seniority. As per rules, promotion cannot be granted in three cases, as per S.C.No.16/93 (RBE No.13/93), which reads thus – “Subject: Promotion of Railway servants who are under suspension or against whom departmental proceedings/prosecutions have been initiated - Procedure and guidelines to be followed - Cases of promotion of Group 'D' & Group 'C' Railway servants.

[No. E (D&A) 92RG6-149(A), dated 21.01.1993]

x x x x

3.1 Procedure to be followed- Such a Railway servant shall not be promoted even already borne on a selection panel/suitability list till after the results of the proceeding against him are known. There is, however, no objection to promote him if he is not under suspension and the proceedings already initiated are for the imposition of only a minor penalty.”

14. Thus, even though his Grade Pay was restored to 2400/4200 w.e.f. 17.12.2013, on 03.02.2016, there was no question of giving him actual promotion while facing a charge memo, followed by punishment, which was effective from 01.05.2016 to 30.04.2017. He came to assume responsibility of

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the higher post in terms of the promotion order, dt.08.08.2017 (Ann.A6), which reads as follows: “The following Sr.TE's in Level-5, who were found 'Suitable' and placed on the select list for promotion to the post of TTI in Level-6 vide this Office Memorandum dated 28-12-2016 cited, were not promoted due to undergoing penalties/non-completion of 2 years residency period at the material point of time. After completion of undergoing penalties/residency period, they are now promoted as TTIs in Level-6 and posted to the stations mentioned against each.

x x x x

They are eligible for drawl of higher rate of pay from the date of shouldering higher responsibility.”

This order was accepted by the applicant and has not been challenged.

15. Under the above circumstances, we find that the Respondents have extended the eligible benefits to him, in notional/actual terms, from the due dates. He cannot be treated as promoted in actual terms while being under punishment and without assuming charge of the higher post. The order, dt.18.12.2017 clearly states that – “The promotion of TTI in GP-4200, on being found suitable, has been extended to Sri G.Kotireddy, w.e.f. 17.12.2013 i.e. after completion of penalty on pro-forma basis and actual basis from 08.08.2017.”

16. As per the facts and the applicable rules, we find that no interference is called for in the matter. The OA is, accordingly, dismissed. Pending MAs, if any, stand closed. No order as to costs.

(Varun Sindhu Kul Kaumudi)

(Manish Garg) Administrative Member

Judicial Member

16.10.2026

/ps/

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