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(b) Direct the respondents to grant the benefit of 2nd financial up-gradation under ACP Scheme to the Applicant w.e.f. the due date (i.e. 23.05.2004). by ignoring the un-communicated below benchmark gradings in the relevant ACRs (2000-2001) with all consequential benefits, including re-fixation of his pay, pension and other retirement benefits and to pay resultant arrears and interest @ 18% per annum. And
"8. The Hon'ble Apex Court in Dev Dutt vs. Union of India and Others, (2008) 8 SCC 725 and Abhijit Ghosh Dastidar v. Union of India and Others, (2009) 16 SCC 146 categorically held that non-communication of Court No. III adverse remarks or below benchmark gradings in the relevant ACRs, vitiate the decisions taken on the basis of the said ACRS. The said view was also upheld by a Larger Bench of the Hon'ble Apex Court in Sukhdev Singh vs. Union of India and Others, JT 2013 SC 270. In view of the said settled position of law, the action of the respondents is unsustainable. Further, since the applicant retired from service on 31.12.2007 itself, we are also not proposing to direct the respondents to communicate the aforesaid ACRS which containing below benchmark gradings to the applicant, for making appropriate representation against thez same.
9. In the circumstances and for the aforesaid reasons the OA is allowed and the impugned Annexure A dated 09.08.2011 is quashed, and the respondents are directed to re-consider the case of the applicant for granting the 2nd Financial Upgradation under the ACP Scheme w.e.f. the due date, by ignoring the uncommunicated below benchmark gradings in the relevant ACRs, with all consequential benefits, including refixation of his pay, pension and other retirement benefits, and to pay the resultant arrears. This exercise shall be completed within 90 days from the date of receipt of a copy of this order. No order as to costs."

5.3 In the conspectus of the fact brought out above, we find that the directions given by a co-ordinate Bench in O.A. No. 89/2013 (Supra), hold good in the present matter also and no divergent view can be taken given the similar facts and circumstances of the present case. Moreover, the said order has also been implemented by the respondents vide their order dated 19.08.2014 (page 58). 5.4 Therefore, the impugned orders (Annexure-A) dated 10.06.2015, 27.07.2015 and 30.07.2015 are quashed and set aside, and the respondents are directed to re-consider the case of the applicant for grant of 2nd Financial Upgradation under the ACP Scheme w.e.f. the due date, by ignoring the un-communicated below benchmark gradings Court No. III in the relevant ACRs. The consequential benefits including refixation of his pay, pension and other retirement benefits would be on a notional basis. This exercise shall be completed within 90 days from the date of receipt of a copy of this order.