Central Administrative Tribunal - Delhi
Dr. Shashi Aggarwal vs Union Of India Through on 22 December, 2011
Central Administrative Tribunal
Principal Bench
OA No.2543/2011
New Delhi, this the 22nd day of December, 2011
Honble Mr. Justice V. K. Bali, Chairman
Honble Dr. Ramesh Chandra Panda, Member (A)
Dr. Shashi Aggarwal
IE, 1st Floor,
Kamla Nagar,
Delhi 110 007. Applicant.
(By Advocate : Sh. S. C. Saxena)
Versus
1. Union of India through
Secretary,
Ministry of Labour,
Shram Shakti Bhawan,
New Delhi.
2. Director General,
ESI Corporation,
Panchdeep Bhawan,
CIG Road,
New Delhi 110 002. ..Respondents.
(By Advocates : Sh. M. K. Bhardwaj with Sh. Satya Sahrawat for
Sh. Ankur Chibber)
: O R D E R (ORAL) :
Dr. Ramesh Chandra Panda, Member (A) :
The applicant in the matter of placement in SAG Grade was ignored in the DPC that was held on that behalf on 18.02.2009. The criteria for placement as adopted by the respondents in that regard was that five ACRs of the preceding five years should be Very Good. Admittedly, four of such ACRs of the applicant were Very Good and commensurate to the benchmark and fifth and the only one for the year 2002-2003 was Good. For that precise reason the applicant was overlooked in the matter of placement in SAG Grade. The facts to the extent, as mentioned above, are not in dispute. It is also not in dispute that below benchmark ACR of the applicant for the year 2002-2003 was not communicated to him.
2. In these circumstances, following the judgment of Honble Supreme Court in the matter of Dev Dutt versus Union of India [CA No.7631/2002 decided on 23.05.2008], we direct the respondents to communicate to the applicant his below bench mark ACR for the year 2002-2003 within a period of three months from today to which the applicant may make representation. If such a representation is made, the same shall be dealt with and orders will be passed thereon, in accordance with law, as expeditiously as possible but definitely within a period of six weeks from the date representation is made. If in consideration of the representation, to be filed by the applicant, his ACR is upgraded from Good to Very Good, a Review DPC shall be convened to consider the case of the applicant in the matter of placement in SAG Grade w.e.f. the date persons junior to him were so placed. If the respondents may upgrade the ACR of the applicant, as mentioned above, the Review DPC shall be constituted within six weeks thereafter. Disposed of accordingly.
(Dr. Ramesh Chandra Panda) (V. K. Bali) Member (A) Chairman /pj/