Central Administrative Tribunal - Delhi
Dr. V.P.S. Punia vs Union Of India Through on 16 February, 2010
Central Administrative Tribunal
Principal Bench
OA No. 1644/2009
New Delhi, this the 16th day of February, 2010
Honble Mr. Justice V. K. Bali, Chairman
Honble Mr. L.K. Joshi, Vice Chairman(A)
Dr. V.P.S. Punia
S/o Shri Ram Swaroop,
Specialist Grade-I, Non-Teaching
Central Health Services,
R/o 41, Gautam Apartments,
SFS DDA Flats, Gautam Nagar,
New Delhi. Applicant
(By Advocate: Mr. G.D. Gupta, Senior Advocate with
Mr. S.K. Sinha)
Versus
Union of India through:
1. Secretary,
Cabinet Secretariat,
Government of India,
Rashtrapati Bhawan,
New Delhi.
2. Secretary,
Ministry of Health & Family Welfare,
Nirman Bhawan,
New Delhi.
3. Secretary,
Union Public Service Commission,
Dholpur House, Shahjahan Road,
New Delhi.
4. Additional D.G., Principal and Medical Superintendent,
Safdarjung Hospital and
Vardhman Mahavir Medical College,
New Delhi. Respondents
(By Advocate: Mr. V.S.R. Krishna and Ms. Alka Sharma)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
The applicant in the matter of promotion to the Senior Administrative Grade (SAG)/Specialist (Non-Teaching Cadre) has been superseded by his juniors. Inasmuch as present matter is covered in favour of the applicant, there would be no need to give facts in detail. Suffice it, however, to mention that the DPC for promotion to the post of Senior Administrative Grade (SAG) Specialist (Non-Teaching Cadre) met on 20.03.2009. The ACRs under consideration by the DPC were from the years 2001-02 to 2005-06. The benchmark for all the ACRs was to be very good. Admittedly, for three years i.e. 2001-02, 2002-03 and 2005-06, the applicant was assessed either as Outstanding or very good. It is only with regard to the ACRs for the years 2003-04 and 2004-05 that he has been downgraded to below benchmark. Admittedly as well, these two ACRs, which are below benchmark, were not communicated to the applicant, and further that reporting and review officers of the said ACRs have since already retired. Normally this Tribunal following the decision of Honble Supreme Court in CA No. 7631/2002 decided on 23.05.2008 in the matter of Dev Dutt v. Union of India and Full Bench of this Tribunal in OA No.24/2007 decided on 07.05.2008 in the matter of Ashok Kumar Aneja v. Union of India & Ors., would have directed the respondents to convey to the applicant his ACRs, which may be below benchmark, have representation from him, and if in consideration thereof the ACR of the applicant is upgraded commensurate to the benchmark, consider his case for promotion to the Senior Administrative Grade (SAG)/Specialist (Non-Teaching Cadre) from the date when others were so promoted. However, admittedly, in the present case, the reporting and review officers of the ACRs for the year 2003-04 and 2004-05 have since already retired. That being so, following the judgment of Honble Supreme Court in Abhijit Ghosh Dastidar V/s. Union of India & Ors., (SLP No. 26556/2004 decided on 22.10.2008) and the decision of this Tribunal in the matter of O. P. Meena Vs. Union of India & Ors. (OA No.1178/2009 decided on 14.10.2009), we dispose of this Original Application directing the respondents to ignore the ACRs for the year 2003-04 and 2004-05 and take into consideration the ACRs for the years 1999-2000 and 2000-01, which are commensurate with the benchmark. Respondents would constitute a review DPC to re-consider the case of the applicant for promotion to the Senior Administrative Grade (SAG)/Specialist (Non-Teaching Cadre) in the light of above observations, and in consideration of the ACRs, as mentioned above, and if he is found fit for promotion, said promotion shall be given to him from the date his juniors were promoted with all consequential benefits.
2. Let the directions as ordained above be complied with as expeditiously as possible and preferably within a period of six weeks from today.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/