Central Administrative Tribunal - Delhi
Dr. C.P. Sharma vs Municipal Corporation Of Delhi Through on 22 November, 2011
Central Administrative Tribunal Principal Bench OA No. 1271/2011 New Delhi, this the 22nd day of November, 2011 Honble Mr. Justice V.K. Bali, Chairman Honble Dr. R.C. Panda, Member (A) Dr. C.P. Sharma, H.O.D. (Radiology) (Retired) Hindu Rao Hospital, R/o B-1/3, Ashok Vihar, Phase-II, Delhi 52. ...Applicant (By Advocate: Mr. Rajeev Sharma) Versus 1. Municipal Corporation of Delhi through Commissioner, Town Hall, Delhi 110 006. 2. Medical Superintendent, Hindu Rao Hospital, Delhi. Respondents (By Advocate: Mr. Rajender Khattar) ORDER (ORAL) Justice V.K. Bali, Chairman:
Applicant in the matter of promotion to Senior Administrative Grade has been superseded because of his ACRs, which were below benchmark. A DPC for the purpose met on 29.10.2009 and five ACRs of the applicant immediately preceding the DPC were under consideration. It is not in dispute that two of such ACRs, which may be below benchmark, on representation made by the applicant, have been upgraded commensurate to the benchmark. It is also not in dispute that other three ACRs of applicant were commensurate to the benchmark. That being so, in view of the settled law on the issue, a review DPC has to be constituted.
2. While allowing this Original Application, we direct the respondents to constitute a review DPC for considering the case of the applicant for promotion to Senior Administrative Grade and if he is found fit, to recommend to the concerned authority and the said authority then shall promote the applicant to the Senior Administrative Grade from the date persons junior to him were promoted. Applicant in that event may not be entitled to the wages of the promotional post, but his pay shall be notionally fixed and due seniority shall also be assigned to him.
3. Let the exercise, as ordained above, be completed as expeditiously as possible and preferably within a period of three months from today.
(Dr. R.C. Panda) (V.K. Bali)
Member (A) Chairman
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