Period Spent By Employees In Other Regions Has To Be Counted For Purposes For Consideration Of Promotion: Allahabad Central Administrative Tribunal

The Central Administrative Tribunal Allahabad bench of Justice Rajiv Joshi and Dr. Sanjiv Kumar held that the period spent by the employees in other regions prior to transfer on compassionate ground, has to be counted for the purposes of eligibility for consideration of promotion. Brief Facts: The applicants held positions as Stenographer-II under Central Board of Direct Taxes. Initially stationed across various regions of the Income Tax Department, they subsequently sought transfers on compassionate grounds, which were duly granted. Upon transfer, they resumed their duties. The applicants submitted comprehensive representations to the Management, requesting the inclusion of their previous service tenure in their respective regions towards their eligibility for departmental promotion. They asked consideration for promotion to the post of Stenographer-I. However, their pleas were allegedly disregarded by the Management, who failed to acknowledge their prior service and consequent eligibility for promotion. Faced with this purported neglect, the applicants approached the Central Administrative Tribunal Allahabad (“Tribunal”) and filed an original complaint against the Management. Observations by the Tribunal: The Tribunal referred to the decision of the Supreme Court in Pratibha Rani & Ors. vs. Union of India & Ors. Civil Appeal No.3793 of 2019 where the SC held that service rendered by an employee at the place from which they were transferred on compassionate grounds should be considered regular service. The SC held that such service cannot be disregarded solely on the grounds that it was not rendered at the place where the employee was subsequently transferred. Further in M.M. Thomas & Ors. vs. Union of India & Ors. (2017) 13 SCC 722., the SC underscored a similar principle regarding the interpretation of service rules. It reiterated that the requirement of five years' regular service "in the respective regions" should be understood as a cumulative requirement, encompassing service rendered in various regions. Therefore, the Tribunal held that the applicants were entitled to the benefits of counting their past service towards eligibility for promotion. It held that the period spent by the applicants in other regions before their transfer on compassionate grounds must be considered for the purpose of eligibility for promotion. Therefore, the Tribunal issued a directive to the Management to convene a DPC/Review DPC to reevaluate the cases of the applicants for promotion. The reevaluation must take into account the applicants' regular service in the grade in their erstwhile regions prior to transfer, for the purpose of determining their eligibility for promotion. Case Title: Smt. Rekha Gupta and Others vs Union of India and Others. Case Number: Original Application No. 330/575 of 2022 Advocate for the Applicants: Pankaj Srivastava Advocate for the Respondent: Chakrapani Vatsyayan Click Here To Read/Download Order

Period Spent By Employees In Other Regions Has To Be Counted For Purposes For Consideration Of Promotion: Allahabad Central Administrative Tribunal

Rajesh Kumar

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