Retired officials have no right for promotion
Post Retirement Benefits
Department of Personnel & Training has not made any change in instructions contained in OM No. 22011/4/1998-Estt.(D) dated 12.10.1998 and reiterated vide OM No. 22011/1/2014-Estt.(D) dated 14.11.2014. These instructions provide for consideration of retired employees, who are within the zone of consideration in the relevant year(s) while preparing year-wise panel(s) for promotion. Such retired officials, however, have no right for promotion as they are not available to assume charge of the higher post.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Dr. Udit Raj in the Lok Sabha today.
SEE THE DOPT ORDER :DOPT OM No. 22011/1/2014-Estt.(D) dated 14.11.2014
PIB
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The Order vide No.Dop&TO.M No.22011/5/86-Estt.(D), dated 10.04.1989, No.22011/18/87-Estt.(D), dated 09.04.1996, No.22011/3/98/-Estt.(D), dated 17.09.1998, in continuation of which the order No.22011/6/2013-Estt(D) dated 28.05.2014 if reads collectively are merely for framing the year-wise panel for the consideration of DPC for promotion. As far as I can understand on going through these orders there is only a change of framing of year-wise panel vide order dated 28.05.2014, for which the clarifications are also given vide No.25-10/2014-SPG dated 09.07.2014 issued by GOI,Ministry of Communication and IT, Department of Posts (Personal Division). On going through these orders it is clear that if no panel is framed and DPC meeting is held in the year in which the goveernment servant is retired then his name is to be taken in the next year panel for consideration by DPC for promotion even if during next year he is not in service, then the position is that if his junior is given promotion then the retired government servant has ever right for his promotion,if he is found fit for promotion by DPC, whether he is available for joining his duties or not as per orders mentioned above. There may also arise a position that the retired government servant is considered for for promotion after retirement and vacancies are filled in up-to his senior then he has not right for promotion therefore he has not right for promotion.
Thanks to DoP&T for reiterating the 1998 OM once again in the year 2015 and for its wide publicity in the media/press;IN THIS CONNECTION—-It is to inform that based on the Judgment Order of the Honorable High Court of Kolkata in W.P. No. 6880(W) of 1998, date of Judgment Order-19-03-2003, and/followed by Judgment Order dated 24-11-2006 of the Honorable High Court of Kolkata on Appeals (dismissed) in this cases filed by the UOI and Others Vs Bhupathi Mohan @ B. Mohan (2007-2-CALLT-350-HC ), the Ministry of Railways, Railway Board, New Delhi issued ‘Notifications’/ Orders to the JA and SA Grade Officers of the RPF during the years 2009 and 2013 whereby the retired officers have also been given deemed promotions and the pension benefits before superannuation , as per seniority. (b): Since around eight years, I am submitting Representations/Petitions to the Ministry of Railways, Railway Board, DG, RPF and others to consider my case and to do justice, but in vain. (c): In the recent past also I am continuing to submit my Petitions on my issue with special reference to the above cited WP and Para 8 and Para-21 of the Judgment Order passed on the Appeals of UOI with a request to apply the same Principles to me also as applied to other JA/SA Grade Officers vide above Notifications. (d): Had the Railway Board, DG, RPF applied RPF Rules in right prospective and meticulously maintained the seniority list of Inspectors, RPF from 1983 correctly and updated the same without dropping my name from the seniority list on the ground that I retired in 2006, I too could have been selected to the rank of ASC, RPF even before 2000 and could have retired as DSC at par with my juniors before superannuation. (e): I am also JA Grade RPF Officer retired in Class-I/Group ’A’ Cadre Service and placed in the same circumstances as that of others and the same Principles, Rules, DoP&T OMs, Law and the Judgment Orders are similarly applies to me. Railway Board, New Delhi. Reply from the concerned is still awaited. While UOI/Ministry of Railways implemented the OM to some RPF Officials and the Court Judgment Order , why not the same apply for me, why this discrimination and differential treating by Railway Board. I am just asking for the Right to have my deemed promotion without any actual promotion or arrears, but I shall get the benefit of proforma promotion before retirement as per my seniority and pension fixation benefit at par with my juniors. but same is being denied to me by Railway Board…….