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h) In purported compliance of the aforesaid order, respondent No. 6 issued order dated 31.12.2020 stating that the applicant had been considered for grant of NFU to HAG level with effect from 03.12.2009 in the meeting of the Screening Committee held on 05.01.2017. However, his assessment was deferred on account of non-availability of his ACR for the year 2005-06 and below benchmark grading in his ACR for the year 2006-07.

k) It is also pleaded by the applicant that he was granted NFSG-

SAG with effect from 03.01.2006 vide order dated 17.08.2016 and no deficiency regarding ACRs was raised at that stage. He therefore submits that the respondents cannot now rely upon alleged non-availability or below benchmark grading in ACRs to deny him the benefit of NFU to HAG.

13. The respondents have explained that the applicant's case for grant of NFU to HAG level was considered by the Screening Committee. However, his assessment was deferred due to non-availability of ACR for the year 2005-06 and below benchmark grading in ACR for the year 2006-07. The respondents have further stated that the ACR for 2006-07 was forwarded to the Department of Posts for disclosure to the applicant for making representation, if any, against the below benchmark grading in terms of DoPT instructions. The Department of Posts was also requested to forward the ACR for 2005-06.

16. The applicant has further relied upon the clarification that vigilance clearance may not be insisted upon for retired officers drawing full pension. The respondents have, in fact, stated that the applicant is clear from the vigilance angle. The issue in the present case is not HARSHIT Digitally signed by YADAV HARSHIT YADAV vigilance clearance but incomplete/deficient APAR record and below benchmark grading. Therefore, the said clarification does not advance the applicant's case. Thus, even on merits, we find no illegality in the action of the respondents in deferring the applicant's claim pending completion of ACR/APAR formalities. The applicant has failed to establish any enforceable right for grant of NFU/HAG without satisfying the prescribed benchmark and procedural requirements.