Promotion list mandatory, govt told

In a landmark order, the Central Administrative Tribunal has said it is mandatory for the authorities to prepare an annual select list for filling up vacancies in various government departments through promotion.

"Preparation of select list every year is mandatory and any violation would deprive an equal opportunity to the promoted officers to reach higher status in service," a Bench of the CAT vice chairman V K Majotra and member Shanker Raju said, adding any deviation from this mandatory direction would be viewed seriously.

The Bench said "The non-promotion in a case where the person is retiring due to delay in holding departmental promotion committee causes heart burn to a government servant who has a fundamental right to be considered for promotion and it deprives an opportunity to him before he superannuates on retirement to avail of his legitimate right."

In his application filed through counsel K C Mittal, income tax officer J S Singhal, who is due to retire on this December 31, had sought direction to the revenue secretary and central board of direct taxes chairman to hold departmental promotion committee for promotion to the post of assistant commissioner of income tax as no DPC was held in 2003-04 and 2004-05 and no select list was prepared for the purpose.

The CAT directed the authorities concerned to hold a DPC with the union publics service commission and ensure that the DPC's recommendations were issued by UPSC and received by the income tax department latest by this December 26.

The Bench made it clear that in case, he was found fit for promotion by the DPC, Singhal would be entitled to all consequential benefits.