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Punjab-Haryana High Court

Union Of India And Others vs Central Administrative Tribunal And ... on 15 May, 2013

Author: Surya Kant

Bench: Surya Kant

CWP No. 10405 of 2013                                        -1-


IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                    CWP No. 10405 of 2013

                                    Date of decision: 15.05.2013


Union of India and others


                                                      ..... Petitioners

                  Versus


Central Administrative Tribunal and another

                                                      ..... Respondents


CORAM: HON'BLE MR. JUSTICE SURYA KANT
       HON'BLE MR.JUSTICE R.P. NAGRATH

PRESENT: Mr. P.C. Goyal, Advocate for the petitioners.


SURYA KANT, J. (ORAL)

This writ petition assails the order dated 24.7.2012 (Annexure P-3) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh, whereby a direction was issued to the petitioners to re-consider the claim of respondent No. 2 for promotion without taking note of un-communicated below benchmark grading for the relevant period.

It is not in dispute that the subject report though was good but it has been treated as 'below benchmark' grading and has been relied upon to deny promotion to respondent No. 2. The aforesaid report was admittedly not conveyed to the petitioner despite the mandate contained CWP No. 10405 of 2013 -2- the decision of the Hon'ble Supreme Court in Dev Dutt Vs. Union of India and others, 2008 (8) SCC 725.

For the reasons assigned by this Court in the order dated 7.5.2013, passed in CWP No. 9734 of 2013 (Union of India and others Vs. Central Administrative Tribunal and another), we are not inclined to interfere with the order under challenge.

Dismissed.



                                               ( SURYA KANT )
                                                   JUDGE


May 15, 2013                                   ( R.P. NAGRATH )
rishu                                               JUDGE