Central Administrative Tribunal - Gauhati
Sri Sri Gurunathagouda Harakangi vs Agricultural Research And Education on 29 April, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00114/2024
HON'BLE MR RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE MR SANJIV KUMAR, ADMINISTRATIVE MEMBER
Shri Gurunathagouda Harakangi (G.G. Harakangi)
S/o Paramagouda Harakangi
Resident of 167/23, 9th A, Main Road
Bth Block, Nandini Layout
Bengaluru-560096, Karnataka.
Presently holding the Post of Chief Administrative
Officer (Sr. Grade), Indian Council of Agricultural
Research (ICAR)-Research Complex for NEH Region
Umiam, Shillong-793103, Meghalaya.
...Applicant
-AND-
1. Union of India
Represented by the Additional Secretary
To the Department of Agricultural Research
& Education and Secretary ICAR
Ministry of Agriculture and Farmers Welfare
Govt. of India, Room No. 106, Krishi Bhawan
Dr R. P. Road, New Delhi-110001.
2. The Secretary, DARE and DG, ICAR
Room No. 105, Krishi Bhawan
Dr. R.P. Road, New Delhi-110001.
3. Shri Rajeev Lal
Joint Secretary (Technical Services)
ICAR Room No. 304, Krishi Bhawan
Dr. R.P. Road, New Delhi-110001.
4. Shri Suresh Kumar
CAO (Sr. Grade)
O.A. No/114/2024
PRASANNA Digitally
PRASANNA
signed by
BASUMATARYBASUMATARY
2
ICAR-Central Arid Zone Research Institute
Jodhpur-342003, Rajasthan.
5. Shri Puspa Nayak
CAO, ICAR Research Complex for Eastern Region
ICAR Parishar, BVC
Patna-800014, Bihar.
Respondents
Present:
For applicant(s): Shri S. Sarma and Smt. B. Devi
For respondents: Shri K. Das for Res. Nos. 1 & 2 and
Shri H. Gogoi fo Res. No. 3
Date of Hearing: 22.04.2026 Date of Order: 29.04.2026
ORDER
PER: RAJINDER SINGH DOGRA, MEMBER (J):
The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:
"8.1] To set aside and quash the impugned memorandum dated 19.10.2020 (Annexure-1).
8.2. To set aside and quash the impugned Office order dated 06.01.2021 (Annexure -2).
8.3. To set aside and quash the impugned Office order dated 02.08.2022 (Annexure -3).
8.4. To set aside and quash the impugned final grading given to the Respondent No -3, (Annexure -7).
8.5. To direct the respondents to promote the applicant to the rank of Director by giving retrospective effect to his original promotion order to a date before the promotion of the Respondent No 3 and thereafter to O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 3 promote him to the rank of Joint Secretary before the Respondent No 3.
8.6. To direct the respondents to provide his all consequential benefits, including arrear salary and recasting of his seniority after providing the relief claimed by him at para 8.5.
8.7. Cost of the application.
8.8. Pass any such order/orders as Your Lordships may deem fit and proper."
2. The grievance of the applicant is against the impugned action / inaction of the Official Respondents making undue illegal favour to the Respondent No. 3, in upgrading his APARS/ACRs, enabling his promotion to the rank of Director and thereafter to the rank of Joint Secretary, ignoring the case of the applicant. Though the case of the Respondent No 3 was placed before the DPCs but the said DPCs did not find him fit for promotion to the rank of Director. Even the case of the Respondent No. 3 has not been considered for grant of MACP for want of his fitness. The service career of the Respondent No. 3 is inferior to the present applicant on the count of firstly two penalty orders against him during the period under consideration of the case for promotion to the rank of Director, and secondly the grading of the ACRs/APARs of the Respondent No. 3 were not upto the mark for keeping him in O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 4 the zone of consideration for such promotion. However, the official Respondents by issuing the Impugned OM dated 19.10.2020 upgraded the APARS/ACRs of the Respondent No 3 in complete violation of the O.M dated 23.07.2009 (Annexure-
8), which has in categorical term fixed the time frame of preparation of APARS/ACRs with the mechanism of redressal of its grievances.
3. In the event of illegal upgradation of the APARS/ACRs of the Respondent No. 3, he got prospective promotion by the impugned order dated 06.01.2021 (Annexure-2) and subsequently same has been given retrospective effect by the impugned note (Annexure-7) and on the strength of that the Respondent No 3 has been further promoted to the Rank of Joint Secretary.
The consideration of the case of the Respondent No 3 for promotion to ahthe rank of Director was incorrect as the upgradation of his APARS/ACRs was in contravention of the O.M dated 23.07.2009 coupled with the fact that the element of awarding of two penalties remained unchanged which is a major disqualification for such promotion as per the law O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 5 holding the field. On the other hand, though the applicant in junior to the respondent No. 3 but taking note of his disqualification, applicant deserves to be considered to promotion to the rank of Director before Respondent No. 3 and promotion to the rank of Joint Secretary before the respondent No. 3.
4. The applicant is a direct recruit Administrative Officer belonging to Combined Cadre of Administrative Officers of 1995 batch. He was selected through an All India Competitive Examination conducted by Agricultural Scientists Recruitment Board followed by personal interview. He joined ICAR service as Administrative Officer on 05.05.1995 at CTCRI, Trivandrum. He is presently posted as Chief Administrative Officer (Sr. Grade)/Director at ICAR Research Centre NEH Region, Umiam, Meghalaya. As per the applicant, he was entitled to get promotion to the post of CAO (SG)/Director during January, 2021 against the post of Director. The applicant should had got promotion due to the fact that after promotion of Smt. Namrata Sharma and Shri Puspendra Kumar to the post of Director on 04.11.2020 and 31.12.2020 O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 6 after superseding Shri Debashish Moitra, Shri Suresh Kumar, Shri Rajeev Lal & Shri Puspanayak, the next candidate in the seniority list for consideration of promotion was the applicant and not the private respondent No. 3. Applicant has placed the relevant portion of the gradation list before DPC held on 25.02.2020 at page 4 of the OA.
5. Sri S. Sarma, learned counsel for the applicant submitted that for the post of Director, the DPC was held on 25.2.2020, but it did not recommend the name of the Respondent No.3, - Shri Rajeev Lal due to below bench mark of "Very Good" in certain ACRs. The officers (CAO's) promoted during 2020 being eligible as on 1.1.2020 are (1) B.D. Phansal (2) P.K. Bage (3) Rajiv Maheshwari (4) Namrata Sharma against the vacancies expected during the year 2020. Shri Puspendra Kumar, CAO was promoted as Director, Level 13 on 31.12.2020 against the supplementary vacancy arose due to death of one Ravi Kumar, the then Director, Level-13. But all of a sudden said Sri Rajeev Lal, Respondent No.3, was promoted notionally with effect from 04.11.2020, the date on which his immediate junior Smt. Namrata Sharma O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 7 got promotion to the post of Director and the promotion order was issued on 06.01.2021 (Annexure-2). The respondent No. 3
6. Respondent No. 1 & 2 filed written statement and stated that DPC for considering promotions to the post of Director/JD (A) cum Registrar for vacancies of the year 2020 was held on 25.02.2020. Shri Rajeev Lal was also considered for promotion to the post of Director/JD (A) cum Registrar by the DPC in this meeting. His APAR grading of last 05 years and vigilance record was considered by the DPC for making recommendations as per rules. It was noted by the Committee that the prescribed benchmark in the APARS for promotion to the post of Director/JD (Admn) cum Registrar is 'Very Good'. On perusal of the APAR gradings, it was observed that for the periods 2012-13 and 2013-14. Shri Rajeev Lal was assigned with 'Good' rating which is below the benchmark. Accordingly, DPC assessed him as Unfit for promotion & did not recommend his name for promotion against the vacancies of the year 2020. Subsequently, Shri Rajeev Lal represented for upgrading his APARS for the years O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 8 2012-13 and 2013-14. On receipt of his representation, the competent authority after seeking recommendations of Director, ICAR-CIFRI, Barrackpore (the then Reporting officer of Shri Rajeev Lal), decided to review the APAR gradings of Shri Rajeev Lal for the aforesaid period.
7. As per them, the action of the respondents i.e. expunging the time barred review/remarks of Reviewing Officers from APARs of Shri Rajeev Lal as well as his promotion has been done strictly in accordance with DoPT guidelines as well as under the arch of principles of natural justice.
8. Private respondent No. 3 has filed his written statement and adopted the submissions made by the official respondent Nos. 1 & 2.
9. Private respondent No. 4 has also filed written statement and stated that so far, he has been granted total 3 promotions whereas he has denied his 4th promotion. In the First Promotion, he was appointed as Senior Administrative Officer in the Pay Scale of Rs. 3,000-4,500 (later revised to Rs. 10,000-15,200 as per 5 th Pay Commission and in the Second Promotion, he was appointed as Chief Administrative Officer O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 9 in the Pay-Band-3 carrying the Grade Pay of Rs. 7,600 (later revised to Pay Level-12) as per 7th Pay Commission in 2010. However, during the vacancy year 2020, when his turn came up for next Promotion based on his seniority, he was arbitrarily superseded and thereby denied his third Promotion, when it was already due. However, during the same vacancy year 2020, he was granted Modified Assured Career Progression to the next higher grade Pay Level-13 based on the same Benchmark of 'Very Good' vide its order dated 21.09.2020. Thus, he has been arbitrarily made junior to the erstwhile junior Officers in an unlawful and illegal manner, against which, his current representation is still pending with the Council. As per him, he is notionally promoted to the grade of Director w.e.f. 04.11.2020 (i.e. the date of promotion of Smt. Namrata Sharma, who first superseded him. It would definitely have the consequential effect on the subsequent DPC, against which, the present O.A. has been filed by the applicant, whose case shall then become completely infructuous in such a situation.
10. Applicant also has filed rejoinder against the written statement of 1, 2, 3 & 4 and stated that while promoting O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 10 Namrata Sharma and Puspendra Kumar, DPC assessed and found Shri Rajeev Lal as unfit for promotion. However, it is not known how all of a sudden, Shri Rajeev Lal became fit for promotion against the vacancy of 2021.
11. We have heard Shri S. Sarma, learned counsel for the applicant, Shri K. Das, for respondent Nos. 1 & 2 and Shri H. Gogoi, learned counsel for private respondent No. 3. None present on behalf of private respondent No. 4. We have also gone through the documents placed by the parties.
12. From the perusal of entire records, it is seen that DPC for considering promotions to the post of Director/JD(A) cum Registrar for vacancies for the year 2020 was held on 25.02.2020 wherein private respondent No. 3 namely Shri Rajeev Lal was considered and promoted to the post of Director/JD (A) cum Registrar by the DPC in its meeting. However, it is noted disputed that APAR gradings for the periods 2012-13 and 2013-14 of private respondent No. 3 were assigned with 'Good' which is below benchmark. Accordingly, DPC assessed him unfit for promotion and did not recommend his name for promotion against the O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 11 vacancies of the year 2020. Subsequently, respondent No. 3 represented his case for upgrading his ACR for the periods 2012-13 and 2013-14 and the same was reviewed in the Council and the competent authority decided to upgrade his APAR gradings for the year 2012-13 and 2013-14 to the level of 'Very Good' by grading 7.0 (Very Good) based on his work and contribution at the Institute.
13. However, on perusal of service record of private respondent No. 3, the Committee found that some penalties have been imposed on him. Therefore, the Committee after following DOPT OM dated 26.04.2014 and on the basis of assessment of overall service records, had assessed him 'Unfit' for promotion to the post of Director/JD(A) cum Registrar. Thereafter, supplementary DPC for Recruitment Year 2020 was convened for filling up on unforeseen vacancy due to death of Shri Ravi Kumar, Director under zone of consideration for 05 vacancies consists of 14 Officers. The finalized seniority list of eligible Officers from the feeder cadre in the post of DS/CAO was circulated on 27.03.2019 wherein the name of the applicant figured at 10, besides private O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 12 respondent Nos. 3, 4 & 5 were figured at Sl. No. 6, 5 and 8. As per the said Supplementary DPC, the Committee had considered only for one unforeseen vacancy due to death of Shri Ravi Kumar, Director on 28.11.2020. Thereafter, the Committee considered the candidature of each officer one by one. The Committee was also informed that all the officers in the zone of consideration are clear from Vigilance as on date. Accordingly name of Shri Pushpendra Kumar was included in the panel for recruitment year 2020 and names of Shri Rajeev Lal and the applicant were included in the panel for recruitment year 2021.
14. We have also perused Final Inter Se Seniority List of Directors/CAO (Sr. Grade) in ICAR as on 31.12.2021 wherein the name of the private respondent figured at Sl. No. 9 and name of applicant figured at Sl. No. 10. Thus, as per the gradation list of the DPC dated 25.02.2020 as well as said Seniority List as on 31.12.2021, it is an admitted position that private respondent No. 3 to 5 are senior to the applicant as per official records and their promotions were done as per proper process and due guidelines of DoPT and ICAR.
O.A. No/114/2024 PRASANNA Digitally PRASANNA signed by BASUMATARYBASUMATARY 13
15. In view of the above discussion, we find that there is no merit in the instant case and consequently, the O.A. is dismissed.
16. No order as to costs.
(SANJIV KUMAR) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
PB
O.A. No/114/2024
PRASANNA Digitally
PRASANNA
signed by
BASUMATARYBASUMATARY