Detailed facts need to be examined for answering your question accurately. But, the general legal position is as under.
Often a Departmental Promotion Committee (DPC) is convened annually for preparing panels for filling vacancies that are likely to arise in the course of the year. Regular meetings of DPC are normally to be held every year for each category of posts so that approved select panel is available in advance for making promotions against vacancies arising every year; unless it is intimated in advance that there are no vacancies to be filled by promotion in a given year. [see: Union of India v. N.R. Banerjee, (1997) 9 SCC 287 : AIR 1997 SC 3761.]
At the same time, it has also been laid down in the instructions that the DPC should sit on regular basis to consider the cases of the eligible candidates within the zone of consideration. So, it is necessary that the officers in the zone of consideration should have been considered by the DPC. And, in this regard, it may be pointed out that the zone of consideration itself depends on the number of vacancies which are notified to the DPC. There are detailed guidelines as to how the zone of consideration is to be calculated depending on the actual number of vacancies [see: OM No. 22011/2/2002-Estt (D) dated January 6, 2006, Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)]. Guidelines also lay down that for calculating the number of vacancies in the current year, all vacancies anticipated during the next 12 months from 1st January to 31st December shall be taken into account and should include only the existing vacancies (duly sanctioned and not merely budgeted) and anticipated retirements and promotions.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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