Madras High Court

WP/10750/2024 of MRS. R.BIBIANA MARY Vs JOINT SECRETARY(ADMIN) on 24 August 2026

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WP No. 10750 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-08-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WP No. 10750 of 2024

Mrs. R.Bibiana Mary,

W/o.J.Rajarathinam, No. 40,Type II, M.S.Block, Clri Staff Quarters, Adyar, Chennai.

..Petitioner(s)

Vs

1. Joint Secretary (Admin),

Council of Scientific And Industrial Research, Anusandhan Bhawan, 2,Raf Marg,New Delhi.

2. CSIR-Central Leather Research Institute, Rep. By Administrative Officer, Adyar, Chennai.

3. The Registrar,

Central Administrative Tribunal, Chennai Bench, Additional City Civil Court Building, High Court Campus Chennai -600104.

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India, seeking a writ of Certiorarified Mandamus, calling for the records of the Impugned Order dated 29.02.2024 passed in O.A.No. 364/2020 by the Hon’ble Central Administrative Tribunal, Chennai Bench and quash the same as illegal, and consequently, direct the 2nd Respondent to promote the Petitioner from the post of Junior Secretariat Assistant (Stores and Purchase) to the post of Senior Secretariat Assistant (Stores and Purchase) with effect from 01.01.2020 along with other incidental pay benefits.

WP No. 10750 of 2024

For Petitioner(s):

Mr.S.Mahesh Kumar

For Respondent(s):

Mr.K.Ramanamoorthy

Central Government Counsel

for R1 & R2

R3 – Central Administrative Tribunal

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench, dated 29.02.2024 passed in O.A.No.364 of 2020.

2. The writ petitioner is the applicant before the CAT. The grievance of the writ petitioner is that DPC was not constituted on an annual basis despite the fact that a vacancy was available. Since the DPC was not convened, the petitioner lost her opportunity of promotion to the post of Senior Assistant.

3. The learned counsel for the writ petitioner would submit that the DPC has to be convened on an annual basis as per the directions issued by the Ministry.

4. In the present case, though a vacancy fell vacant, the DPC was not convened, resulting in the denial of promotion to the writ petitioner.

5. This Court is of the considered view that arising of a vacancy is not a ground to claim promotion. Promotion per se cannot be claimed as an absolute right. Only if an administrative decision is taken to fill up the post, then alone, the employees eligible for promotion are to be considered. Convening the DPC and taking administrative decisions to fill up promotional

WP No. 10750 of 2024

posts are prerogatives of the administration of the Department. An employee cannot seek a direction from the Court either to fill up the post or to convene the DPC for grant of promotion. Such a right has not been conferred and therefore, there is no cause of action for institution of the original application before the CAT. The respondent in paragraph No.20 of the Counter Affidavit has stated that subsequently, the DPC was convened and the writ petitioner was promoted.

6. The said paragraph No.20 reads as follows: “20. I deny Para 11 and 12 of the affidavit, it is respectfully submitted that the action to convene the meeting of DPC was kept in abeyance, as the ASRP Rules 1982 ceased to operate with effect from 31.12.2019 whereas the petitioner become eligible to be considered for promotion for the vacancy year 2020 w.e.f 01.01.2020 only under ASRP Rules 2020 which was notified vide CSIR Letter No.5-1(211)/2014-PD dated 21.02.2020 w.e.f. 01.01.2020. Further, it is submitted that the promotion of the petitioner has been done as per extant provisions of ASRP Rules 2020 and that she has also joined the post on 23.07.2021. Having accepted and joined the post of SSA on promotion, the petitioner is estopped from agitating to claim the benefit of promotion from a retrospective date. The DPC could be convened, as per directions of CSIR, only after the cadre was restructured and new RRS were notified on 21.02.2020 and 22.06.2020 respectively. Further, the DPC formalities like eligibility, seniority and reservation roster were to be completed, where after only the DPCs could be convened.”

WP No. 10750 of 2024

7. In the light of the above factual position, the petitioner has not made out any case to interfere with the order dated 29.02.2024 passed by the Central Administrative Tribunal in O.A.No.364 of 2020.

8. Accordingly, the Writ Petition stands dismissed. No costs. (S.M.S.,J.) (K.G.R.,J.) 24-08-2026 Index : Yes Neutral Citation : Yes Speaking order mk To

1. Joint Secretary (Admin), Council of Scientific And Industrial Research, Anusandhan Bhawan, 2,Raf Marg,New Delhi.

2. CSIR-Central Leather Research Institute, Rep. By Administrative Officer, Adyar, Chennai.

3. The Registrar, Central Administrative Tribunal, Chennai Bench, Additional City Civil Court Building, High Court Campus Chennai -600104.

WP No. 10750 of 2024

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. mk WP No. 10750 of 2024 24-08-2026

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