THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.V.SEETHAPATY WRIT PETITION No :22111 of 2000 ORAL JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the department assailing the orders passed by the Central Administrative Tribunal, Hyderabad Bench in O.A. No.191 of 1999, dated 24.12.1999. The brief facts of the case are that the respondent herein was initially appointed as Lower Division Clerk in the Office of the 1st petitioner on 30.1.1984. Subsequently, he was transferred to Visakhapatnam Circle. However, basing on the option exercised by the respondent in respect of availing the benefits under the Time Bound One Promotion (TBOP) scheme, the respondent was designated as Postal Assistant with effect from 26.6.1993. While so, on her request, she was transferred to the Chief Postmaster General, Orissa Circle, the 2nd respondent herein. It is further stated that one Syed Aziz, Postal Assistant of the A.P. Circle was promoted to the next higher grade on 31.5.1997. Subsequently, 48 others who were senior to the respondent were also promoted. It is stated that the D.P.C. for these promotions was held in September, 1997. The respondent submitted a representation to the 1st petitioner on 27.10.197, followed by several representations, stating that she is entitled for promotion on par with her junior Syed Aziz. When the petitioners rejected the said representations, through proceedings dated 25.11.1997, 10.3.1998 and 2.12.1998, the respondent filed the aforementioned O.A. before the Tribunal seeking a direction to the petitioners to promote her under the TBOP Scheme by holding a review D.P.C. with retrospective effect. While opposing the O.A., the petitioners filed their counter stating that as the respondent was transferred to Orissa Circle, she was relieved on 29.7.1997 from A.P. Circle and she is not entitled for promotion. However, had she been continued in the Andhra Pradesh Circle as on the date when the D.P.C. was held in the year 1997, her case would have been considered for promotion on par with her juniors, if she was found suitable. While relying on Sub-Rule 4, it is contended that the respondent is not entitled for promotion on par with her junior Mr. Syed Aziz. Having heard the learned counsel for the parties and having perused the material on record, the Tribunal quashed the orders impugned in the said O.A. and directed the petitioners to consider the case of the respondent for promotion under TBOP/BCR Scheme w.e.f. 31.5.1997 when her junior Mr. Syed Aziz was promoted by holding a review D.P.C. and if she was found eligible, she should be promoted with effect from 31.5.1997 with all consequential reliefs. Challenging the said order, the department filed the present writ petition. Having heard the learned counsel for the parties and having perused the impugned order, we are of the view that under the Rules, the powers to make promotion are vested in the Departmental Promotion Committee and if the department wants to effect any promotions, the Department is under obligation to convene a D.P.C. before giving such promotions. Normally, the D.P.C. would meet on 1st January or 1st June of every year. In the instant case, the respondent was not in A.P. Circle as on the date when her junior was promoted. However, she was there as on first January, 1997. Had the D.P.C. been convened on 1st January, 1997, definitely, the respondent would have been considered for promotion along with the other eligible candidates for promotion under the TBOP/BCR scheme as she was an employee under the A.P. Circle as on that date. Under the circumstances, we feel it expedient to direct the department either to convene a review D.P.C. for considering the case of the respondent for promotion under the T.B.O.P/B.C.R., scheme or to promote her notionally with all consequential benefits. Accordingly, the petitioners are directed either to convene a review D.P.C. for considering the case of the respondent for promotion under the T.B.O.P/B.C.R., scheme, if the records are available or to promote her notionally with effect from 31.5.1997, i.e., the date on which, her junior one Syed Aziz was promoted, with all consequential benefits, as expeditiously as possible. With the above observations, the writ petition is disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 8th September, 2010 _______________________ G.V. SEETHAPATHY,J pnb