Central Administrative Tribunal - Delhi
Arundhati Das vs M/O External Affairs on 18 February, 2021
O.A.No.987/2020
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A.No.987 of 2020
Reserved on : 21.12.2020
Pronounced on : 18.02.2021
(Through Video Conferencing)
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mohd.Jamshed, Member (A)
1. Ms.Arundhati Das, W/o Mr.Ashok Ranjan Das,
R/o C-50, Pocket-II, Sector 82, Gautam Buddh Nagar,
Noida-201 304.
2. Rakesh Kumar Arora, s/o Shri Krishan Lal Arora,
R/o A-306, Panchshel Apartment, Sector-4,
Plot No.24, Dwarka, New Delhi-110 078.
3. Ved Prakash Singh, S/o late Shri Bharat Singh,
R/o Vill. Gondar, District Karnal, Haryana.
4. Hansraj Singh Verma, S/o Sh.Ramsaran Singh,
R/o C-142, Pocket -1, Kendriya Vihar-II, Sector-82,
Noida-201 304.
5. R.Venkatesan, s/o Sh.P.Rajagopalan,
R/o C-1, Old Ministry of External Affairs Hostel,
KG Marg, New Delhi-110 001.
6. R.Narayanan, S/o Lat Shri Elapalli Narayanan
Rajagopalan, R/o Kizhakke Madam, Kollam,
Koyilandi, Kohikode (District), Kerala. ....Applicants
(Through Shri Kailash Vasdev, Senior Advocate assisted by Shri
Shreyansh Singhvi, Counsel for Applicant)
Versus
1. The Ministry of External Affairs,
South Block, Central Secretariat,
New Delhi-110 001.
2. The Union Public Service Commission,
UPSC Bhavan, Shahjahan Rd, UPSC,
Man Singh Road Area, New Delhi-110 069
O.A.No.987/2020
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3. The Department of Personal and Training,
North Block, Central Secretariat,
New Delhi-110 001. ... Respondents
(Through Shri S.N.Verma, Counsel for the Respondents)
ORDER
Justice L. Narasimha Reddy, Chairman The Ministry of External Affairs is manned by two categories of officers. The first is Indian Foreign Service (IFS), which akin to other All India Services such as IAS and IPS. The second category of officers are from Indian Foreign Service (IFS) Branch 'B', and it comprises of several categories ranging from clerical to administration. The induction into IFS is at junior time scale. The next higher stage is Senior Time Scale (STS). Officers of Group-I of IFS Branch 'B', are eligible to be inducted into STS of IFS, subject to fulfillment of certain conditions.
2. The Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961, (for short "the 1961 Rules") used to govern the method of recruitment, including deputation or promotion to IFS. The induction of Grade-I IFS Branch 'B' officers, was also provided for. According to Rule 31 of the 1961 Rules, appointment/promotion to the extent of 22.5% of senior scale in a higher post in the IFS, (excluding the one half of the posts of Heads of Missions/Posts, but including deputation reserve, if any), were to be filled from among the officers of the Grade-I of IFS Branch 'B', who have completed not less than 3 years of service in that grade. The rules have also provided for the year of allotment, seniority etc.. In the context of seniority among the senior scale IFS officers and O.A.No.987/2020 3 assigning the year of allotment, Rule 15 (4) of the Rules 1961, provided for weightage of 3 years, prior to the date from which an officer was continuously holding the post in Grade-I of IFS Branch 'B' or equivalent post. This, however, is subject to the condition that the officers so promoted shall not be senior to an officer promoted under Sub-Rule (2) or Sub-Rule (3) of Rule 13 on an earlier occasion. A mechanism was provided to avoid such eventualities.
3. As regards the fixation of seniority between direct recruits and promotees, it was made dependent upon the year of allotment. If the year of allotment is same, the date of appointment and if on both counts similarity exists, the direct recruit officer is made senior to the promotee officer. Sub-Rule (2) of Rule 13 of 1961 Rules, was amended in the year 2010, providing for increase in the number of posts for promotion from Grade-I of IFS Branch 'B'.
4. The rule making authority framed an altogether a new set of rules (for short "the 2020 Rules") in the place of 1961 Rules and published the same, vide notification dated 27.04.2020. Rule 8 of the 2020 Rules corresponds to Rule 13 of the 1961 Rules. There is not much change as regards the method of appointment/promotion. Rule 11 of the 2020 Rules corresponds to Rule 15, dealing with the seniority and year of allotment. Under Rule 11 (4) of the 2020 Rules, the year of allotment of an officer inducted from Grade-I IFS Branch 'B' is the one, corresponding to 3 years prior to the year in which the officer is appointed against a substantive post in the senior scale of the IFS. In addition to that, weightage of one year, for O.A.No.987/2020 4 every completed three years of service beyond the minimum three years of continuous service in Grade I of IFS Branch 'B', is required to be given. Any fraction of the year is required to be ignored. The proviso to this Rule is to the effect that the year so allotted, shall not be earlier than the 8 years preceding the year of actual promotion to senior scale of the service.
5. Schedules I, II and III are appended to the 2020 Rules. Schedule-I deals with pay matrix and Schedule-II, with the composition of DPCs for different posts in the hierarchy. Schedule-III is referable to Rule 9, which in turn, deals with the method of recruitment, minimum qualifying service and other eligibility criteria for promotion to various grades of the IFS. Note-1 (2) of Schedule-III is to the effect that the qualifying service for promotion from Grade-I of IFS Branch 'B" under Rule 8, shall commence from 1st January of the Year of Allotment assigned under Rule 11 (4).
6. The Ministry of External Affairs, issued an office order dated 27.04.2020, framing guidelines for appointment/promotion in the IFS. In the context of promotion to Grade-III in the IFS, which is three stages above the senior scale, the eligibility criterion is stipulated as, completion of 17 years of qualifying service in the IFS, of which minimum of 2 years of regular service shall be in Grade-IV. The qualifying service is required to commence from 1st January of the Year of Allotment. In case of officers promoted from Grade-I of IFS (B), qualifying service shall include continuous service in the posts of Grade I of IFS (B) and IFS, following 1st January of the Year of Allotment and it shall not include such period of service rendered in posts below Grade-I of IFS (B).
O.A.No.987/20205
7. The applicants are the officers from IFS Branch 'B' and were promoted to IFS at different points of time. Applicants 1 and 2 were assigned 2003, as the year of allotment, whereas the remaining applicants were assigned the year 2008. All of them are working at different places and holding the posts of the level of Under Secretary. They filed this OA with a prayer to declare (a) Sub-Note (2) of Note I in Schedule II of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 2020, ("the IFS Rules 2020") as illegal, null and void ab initio;
(b) the order dated 27.04.2020; and (c) Sub-Rule 4 of "Rule 11 of the IFS Rules 2020, as illegal, null and void ab initio.
8. The contention of the applicants is that the note appended to Schedule-III would deprive the officers, who come from IFS Branch 'B', of the service rendered before they were inducted into IFS; in the context of reckoning the qualifying service. According to them, the qualifying service under 1961 Rules used to be reckoned 8 years prior to the date on which an officer, held the post in Grade-I of IFS Branch 'B', whereas under the new rules, it is shifted to the date on which an officer is promoted to the senior scale. Another contention of the applicants is that the exclusion of service rendered earlier to promotion to Grade-I of IFS Branch 'B', in the context of qualifying service for promotion to Grade-II of IFS, would have a serious impact upon their career. Other ancillary contentions are also urged.
O.A.No.987/20206
9. On behalf of the respondents, a short reply, as well as a detailed reply are filed. The respondents contend that it is the prerogative of State, to amend the rules in exercise of the powers conferred under proviso to Article 309 of the Constitution of India and the applicants cannot challenge such a power. It is stated that the IFS Rules 2020, do not apply retrospectively and would govern the promotions and appointments, which take place, after the rules are notified. By way of further clarification, the respondents state that the rules do not apply retrospectively to impact those officers from Grade I of IFS Branch 'B', who have already been inducted into the IFS and were assigned the year of allotment. It is also stated that the applicants are making an attempt to mix up the issue pertaining to seniority on the one hand and that of eligibility, on the other hand.
10. The IFS Rules 2020 are said to have been brought into existence as a measure of implementation of the recommendations of the VI CPC, which in turn, is to bring about uniformity of eligibility criteria across various organized Group-A services in the context of promotions. The stipulation of 17 years of service for promotion to Senior Administrative Level Grade-III, in case of IFS officers, in regular service in Group-A post, and not in any post below that, is also sought to be traced to the same exercise.
11. Each and every contention advanced by the applicants is analyzed by the respondents in their counter affidavit. It is also stated that attempts made by the applicants to count their service rendered in the initial cadres such as Section Officer, Assistant, UDC, cannot be accepted at all, and that the same would be contrary to the very composition of the service. O.A.No.987/2020 7
12. The applicants have filed a rejoinder contradicting the views expressed by the respondents, in their counter affidavits.
13. The arguments on behalf of the applicants are advanced by Shri Kailash Vasdev, learned Senior Advocate, assisted by Shri Shreyansh Singhvi, learned counsel for the Applicants. He argued that the IFS Rules 2020, have made a serious and significant departure from 1961 Rules, particularly in the context of year of allotment and reckoning the qualifying service and the same cannot be countenanced in law. It is argued that the amendment has the effect of taking away the rights that have accrued to the applicants, on the strength of 1961 Rules as amended in the year 2001, and clarified from time to time.
14. Shri S.N.Verma, the learned counsel for the Respondents, on the other hand, submits that the IFS Rules 2020, operate prospectively and they do not have the effect of taking away the rights, that have accrued to the applicants or other similarly situated officers. According to him, the VI CPC noticed certain discrepancies in the matter of promotions at different stages of IFS and accordingly made a recommendation to ensure that such promotions take place, in the same manner, in which those in the other All India Services, or organized Group-A and Group-B services, take place. He contends that the guidelines are issued for proper implementation of the rules.
O.A.No.987/20208
15. The brief background of the case is furnished in the preceding paragraphs.
16. The prayer in the OA reads as under:
"(A) An order declaring that sub-note (2) of Note I in Schedule III (wrongly mentioned as Schedule-II) of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules,2020, as illegal, null and void ab initio; (B) An order declaring the office order dated April 27, 2020 bearing no.52/06/NGO/2017 as illegal, null and void ab initio;
( C ) An order declaring sub-rule (4) of Rule 11 of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 2020, as illegal, null and void ab initio; (D) Such further order or orders as this Tribunal deems fit and appropriate;
(E) Award exemplary costs."
17. From the above, it is evident that the grievance of the applicant is with reference to Note-1 (2) in Schedule-III (wrongly mentioned as Schedule- II), appended to the IFS Rules 2020, the order dated 27.04.2020, and Rule 11 (4) of the IFS Rules 2020.
18. As observed earlier, the 1961 Rules are totally replaced by the IFS Rules 2020. While the broad frame work of the service and the hierarchy remains the same, changes are effected on certain minor and ancillary issues.
19. The dichotomy between the IFS proper, and IFS Branch 'B', is maintained. The induction from IFS Branch 'B' into IFS, occurs at stage-II. In other words, the lowest category of posts in the IFS is JTS, and appointment to the same is exclusively through direct recruitment. It is only at the next stage, i.e., Senior Scale, that promotion to the extent of 22% of vacancies, is permitted from Grade-I officers in IFS Branch 'B'. This was O.A.No.987/2020 9 provided for under Rule 13 of 1961 Rules. The corresponding provision in the IFS Rules 2020 is Rule 8. A comparison of the relevant provisions under the both the rules would be helpful. They read as under:
Rule 13 of IFS 1961 Rules Rule 8 of IFS 1961 Rules
13. Appointment to Senior Scale Posts:- 8. Appointment to Service.- All initial
appointments to the Service shall be done in
(1) There shall be no direct recruitment to a the following manner:-
cadre post in the Senior Scale of the Service.
(1) by direct recruitment to a cadre post in (2)(a) Such number of posts in the Senior Junior Scale on the basis of results of an open Scale of the Service as do not exceed 22.5% of competitive examination held by the the Senior Scale and higher posts in the cadre Commission in accordance with such (excluding one half of the posts of Heads of regulations as the Central Government may Missions/Posts, but including deputation from time to time make in consultation with reserve, if any) shall be filled in consultation the Commission.
with the Commission by promotion on the (2) by promotion based on selection to a cadre basis of merit from among officers of Grade I post in Senior Scale from amongst officers of of the Indian Foreign Service, Branch 'B' who Grade I of the Indian Foreign Service, Branch have completed not less than three years of B who have completed not less than three service in that grade: (b) Appointments under years of continuous service in that grade and Clause (a) shall be made in consultation with fulfill minimum educational qualifications the Union Public Service Commission. The prescribed for direct recruitment to the Service composition of the Departmental Promotion as prescribed by the Commission. Committee for such appointments shall be as Provided that the total number of officers follows:- (i) Chairman/Member, Union Public appointed to the Service by promotion from Service Commission: Chairman. (ii) Foreign Grade I of Indian Foreign Service, Branch B Secretary or a Secretary nominated by the may not, at any time, exceed 22.5 per cent, of Ministry of External Affairs : Member. (iii) posts in the cadre of Senior Scale and above Additional Secretary (Administration), but excluding one-half of the posts of Heads of Ministry of External Affairs : Member. (iv) Missions and Posts. Joint Secretary (Administration), Ministry of External Affairs : Member. Note :- The quorum to conduct the meeting of the Departmental Promotion Committee shall be three members, including Chairman. ------------
@ Amended vide Notification No. 32/GA/73 dated 16.2.73. * Amended vide Notification No. 08/Cad/82 dated 04.10.82. # Amended vide Notification No. 15/PA-II/96 dated 25.6.96. -5- Page 5 of 8.
(3) All other Posts in the Senior Scale of the Service shall be filled by promotion on the basis of seniority-cum-fitness, from among officers in the Junior Scale of the Service who have been confirmed in that scale, subject only to the provision of Rule 10.
(4) Notwithstanding the provisions of sub-rule (3) such number of posts in the Senior Scale of the Service as do not exceed six percent of the Senior Scale and higher posts which were existing in the Cadre on the 1st day of January, 1968(excluding one half of the posts of Head of Missions/Posts, but including the leave reserve and deputation reserve, if any) shall be O.A.No.987/2020 10 filled in consultation with the Commission by promotion on the basis of merit from among such offices of the Indian Information Service who are not already member of the Indian Foreign Service, Branch 'A' or Branch 'B' and have completed not less than six years of service in any post or posts not lower than that of an Information Officer: Provided that no such officer shall ordinarily be considered for promotion under this sub-rule if on the 1st day of January of the year in which the meeting of the Departmental Promotion Committee, which is competent to consider such Promotion, is held, he has attained the age of 55 years: Provided further that no promotion under this sub-rule shall be made after the 1st day of January, 1972.
(Remaining part of the Rules is not reproduced since it is not relevant for the purpose of this case. Sub-Rule (3) of Rule 8 is omitted as the same is not necessary).
20. The percentage allocated for promotion remained at 22.5% under both the provisions. The significant change is as regards the eligibility of IFS Branch-B officers for promotion. Under the 1961 Rules, a Grade-I Officer of IFS Branch-B, who completed not less than three years of continuous service in that grade. There is no significant change in the 2020 Rules, as regards this. Under both the provisions, Grade-I officers of IFS Branch-B, with not less than 3 years of continuous service in that grade, are made eligible for promotion to the Senior Scale in IFS.
21. The grievance of the applicant is about Rule 11 (4) of 2020 Rules, which deals with the year of allotment. Corresponding provision under 1961 O.A.No.987/2020 11 Rules is Rule 15. It read as under:
"15. Seniority :- (1) Officers already appointed to the Service before the commencement of these rules shall retain their seniority as in the Gradation List in force immediately before such commencement.
(2) The year of allotment of an officer recruited to the Service on the results of an open competitive examination held by the Commission, whether before or after such commencement, shall be the year, following the year in which the said examination was held.
(3) The inter se seniority of officers recruited to the Service on any one occasion in accordance with rule 14 shall be in accordance with merit list compiled by the Commission.
Proviso regarding 55 years of age has been deleted vide Notification No. 15/PA-II/91 dated 5.4.91(file Q/PA- II/584/18/89). % No longer applicable. -6- Page 6 of 8 . (4) When an officer is promoted to the senior scale of the service in accordance with sub-rule 2 or 4 * of rule 13, he shall be given a year of allotment as follows :-
(i) If he is promoted from Grade I of the Indian Foreign Service Branch 'B' one corresponding to a date three years prior to the date from which he was continuously holding a post in Grade I of the Indian Foreign Service Branch 'B' or an equivalent or a higher post; **
(ii) If he is promoted from the Indian Information Service- on corresponding to a date from which he was continuously holding a post in the Indian Information Service in a capacity not lower than that of an Information Officer :
Provided that clauses (i) and (ii) shall not so apply as to make any promoted officer senior to any other officer promoted under sub-rule (2) or sub-rule (4) of rule 13 on an earlier occasion, and in the event that this occurs, the year of allotment shall be increased to that of the lower officer in the Gradation List promoted under sub-rule (2) or as the case may be of sub-rule (4) or rule 13:
Provided further that the year of allotment so determined shall not be earlier than the year, 8 years preceding the date of actual promotion.
(5) As between direct recruits and promotees inter se seniority shall depend on the year of allotment. When the year is the same, it shall depend on the date of appointment in the year on which the year of allotment is based. When the date of appointment is the same, the direct recruit or recruits shall be senior.O.A.No.987/2020 12
22. It may be noted that the year of allotment for a Grade-I officer of IFS Branch-B, under the 1961 Rules, shall be the one corresponding to 3 years prior to the date from which he was continuously holding a post in Grade-I of that service or an equivalent or higher post. There is a significant change under the 2020 Rules, on this aspect.
23. According to Rule 11 (4), the year of allotment of such officer shall be the one, corresponding to 3 years prior to the year in which the officer is appointed against a substantive post in the Senior Scale of the IFS. The point of reckoning was changed from the date on which the officer held the post of Grade-I in IFS Branch-B, to the one, of the year in which such officer was appointed against substantive post in Senior Scale of IFS, in contradistinction to IFS-B.
24. Basically, the applicants are not affected by this provision, inasmuch as they have already been assigned the years of allotment, viz., 2003 or 2008, as the case may be. The rule would affect only those who are yet to be promoted to the Senior Scale. There again, things would have been different, had Rule 4 left the matter by stipulating 3 years from the date, prior to the year the officer was appointed to the Senior Scale in IFS. Obviously, to compensate the effect of the change, the rule making authority, in Sub-Rule 4 (2) provided for weightage of one year, for every completed 3 years of service over and above the minimum of 3 years continuous in service in Grade-I of IFS Branch-B, preceding the actual year O.A.No.987/2020 13 of promotion to Senior Scale, subject to a maximum of 8 years. In other words, it is possible for an officer of IFS Branch-B to get a year of allotment, which is 8 years prior to the year of promotion to the Senior Scale.
25. Under the 1961 Rules, the officers of that category have the addition of flat 3 years of service in Grade-I of IFS Branch-B. Coupled with the service between the date of promotion to the Grade-I officer B and the date of promotion to Senior Scale in IFS. Under the 2020 Rules, the officer would get the year allotment almost on the same parlance. We do not propose to delve into the issue further, for the reason that the applicants have no grievance whatever on account of the operation of Rule 11 (2).
26. In their counter-affidavit, the respondents have categorically stated that the new rules would operate prospectively. In addition to that, second, proviso to Rule 11 (2), protects the officer, who are already assigned the year of allotment, from the threat of an Officer, junior to him, overtaking him, in the process.
27. The next grievance of the applicant is about the office order dated 27.04.2010 and in particular, to the eligibility criteria stipulated for promotion to Grade-III. This Grade occurs at Serial No.3 of the IFS, whereas Senior Scale at Serial No.6. The respondents are yet to get the eligibility to be considered for promotion to the Grade-III. Their grievance is mostly based on apprehension. The tone and tenor of the OA, is also O.A.No.987/2020 14 indicative of the same. The relevant provision reads as under:
Eligibility Criteria Officers will b eligible on completion of 17 years of qualifying service in the Indian Foreign Service subject to a minimum of 2 years of regular service in Grade IV.
Qualifying service for promotion shall commence from 1st January of the Year of Allotment. In case of officers promoted from Grade I of IFS (B), qualifying service shall include continuous service in the posts of Grade I of IFS (B) and Indian Foreign Service following 1st January of the Year of Allotment and it shall not include such period of service rendered in posts below Grade I of IFS (B)."
28. In the context of reckoning the qualifying service of 17 years continuous service, the one in the post of Grade-I of IFS Branch-B, following the first January of year of allotment, is taken into account. However, the one rendered in the post below Grade-I of IFS Branch-B is excluded. Assuming that under the 1961 Rules, such service was taken into account, the changes brought about in the 2020 Rules, cannot be said to be without basis. One of the recommendations of the VI CPC was to ensure that uniformity exists in the promotions to organized Grade-A services.
29. It is a matter of common knowledge that in the IAS and IPS, the services rendered by the State Civil Service Officers, which is a feeder category for promotion to Senior Scale in IAS or IPS, as the case may be, is taken into account either in entirety, or in part. There is no provision for reckoning the service rendered in any post below the feeder category such O.A.No.987/2020 15 as Superintendent, Assistant, UDC. In case of IFS Branch-B, the service rendered below the post of Grade-I in that service, used to become relevant, in the context of reckoning qualifying service, under the 1961 Rules.
30. After undertaking a stupendous exercise, the rule making authority had framed the guidelines for implementation of the recommendations of the VI CPC. It cannot be said that there exist any arbitrariness or illegality in the process. The freedom accorded to the rule making authority under the proviso to Article 309, cannot be scuttled just on the basis of convenient comparisons.
31. It is only when the rule so made is shown to be in contravention of any superior legislation or provision of the Constitution, that the possibility may exist for interference. Even if there exist another view on the same subject, the Courts cannot find fault with the one taken by the ruling making authority. In fact, it is one of the facets of the sovereign power of the State, to regulate its own affairs.
32. Notwithstanding what is observed above, the applicants can feel genuine grievance, if only they are deprived of any promotional avenues or the promotion as such, on account of the changed legal frame work; or when an officer who is otherwise junior to them is promoted superseding their seniority; subject of course there not being any adverse circumstances against them. No such possibility exists, even remotely. Therefore, we do not find any basis to interfere with the office order dated 27.04.2020. O.A.No.987/2020 16
33. Taking the first limb of the prayer last, the applicants made a grievance about Note-1 (2) appended to Schedule -III of the Rules 2020. This is indeed, another facet of the third prayer. The only difference is that while the 3rd prayer is regarding reckoning of qualifying service for promotion to the Grade-III of IFS, the first prayer is about the reckoning of qualifying service for promotion to Senior Scale.
34. The Note-1 appended to the Rules 2020 reads as under:
"(1) For officers appointed to the Indian Foreign Service through direct recruitment on the basis of competitive examination conducted by Union Public Service Commission, qualifying service for promotion shall commence from the 1st January of the year following the year of the examination on the basis of which an officer is appointed to the Indian Foreign Service."
35. Clause 2 of Note-1 is to the effect that for promotion from Grade-I of IFS Branch-B to Senior Scale under Rule 8 (2), the qualifying service shall be reckoned from the first January of the year. The only difference is that while the prayer-3, relates to the reckoning of qualifying service for promotion to Grade-III, Note-1 of Schedule-III of the Rules 2020, is general, in its purport.
36. It is quite possible that both the provisions may operate simultaneously in certain cases. Clause-2 of Note-1 is to the effect that the qualifying service in respect of an officer promoted to IFS from Grade-I of IFS Group-B, shall commence from 1st January of the Year of Allotment O.A.No.987/2020 17 assigned on the basis of sub-rule (4) of Rule 11. For the officers, who are already appointed to IFS on the date of commencement of the Rules 2020, the qualifying service shall include the continuous service in Grade-I of IFS Branch 'B' and it shall not include the period of service rendered in posts below Grade I of IFS Branch-B. The texts of provision contained in the office order dated 27.04.2020 on the one hand and Note-2 (1) (2) of Schedule-III are broadly similar. This also is referable to the implementation of the recommendations of the VI CPC.
37. In view of the discussion undertaken above, we do not find any basis to interfere with the provisions or proceedings that are assailed in this OA. In a way, no cause of action can be said to have accrued to the applicants; as the things stand now. They can certainly knock the doors of the Tribunal in the event of denial of promotion to them when it is otherwise becomes due.
38. We, therefore, dismiss the OA. However, it is left open to the applicants to approach this Tribunal, in case they suffer any detriment on account of the implementation of the IFS Recruitment Rules 2020 or office order dated 27.04.2020, on any future date. There shall be no order as to costs.
(Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman Dsn O.A.No.987/2020 18