were
'below benchmark'. It is an admitted case of the parties that these two
'below benchmark' grading were not communicated ... formalised as under:-
a) That the non-communication of the below benchmark
grading in the ACRs is violative of the principles of natural
justice
taken into consideration the adverse remarks and below benchmark grading Good in his ACR for the year 2003-04, against which the applicant had made ... support of his right to make a representation against the below benchmark grading in his ACR for the year 2003-04, the applicant has relied
graded as 'outstanding' supersedes those graded as
'very good' and an officer graded as 'very good' supersedes officers
graded ... grading obtained, and officers getting superior grading
supersede those getting lower grading as explained above. Officers getting
same grading are arranged in the select panel
petitioner in the writ petition is that the
two below benchmark gradings in the ACRs of 2007 and 2008 were not
communicated to the petitioner ... good' entry of 1983-
1984, which was 'below benchmark grade' of 'very
good' and the DPC in its meeting held
authorities on 01.07.2010 with a request to upgrade low
benchmark grading it as 'Very Good' urging that the
said communication was made after ... adverse benchmark and
the respondents had upgraded his benchmark from
'Average' to 'Good'. Of course, even the grading
incorporated
against the vacancies of 2006-2008 by ignoring the below benchmark grading contained in the ACR for the period 2004-05 with all consequential benefits ... which he could not be given regular promotion. The below benchmark grading had been communicated to him vide the above order for his representation (Annexure
applicants representation dated 01.07.2010 for upgradation of his below benchmark grading Good/ Average in respect of the period from ... held on 01.07.2011 and prior to that, the below benchmark gradings in ACRs under reference were communicated to the applicant, vide OM dated 17.06.2010 (page
gradings recorded in the confidential reports for the years 2001-02, 2002-03 and 2003-04 which are adverse gradings below the benchmark grading ... below the benchmark, is to be treated as adverse because it eliminates the candidate from consideration for promotion. Thus, the below benchmark gradings
below the benchmark. In such a situation, he was required to be promoted. Even assuming that there was any below benchmark grading not communicated ... under MACP Scheme with all consequential benefits by ignoring the below benchmark grading in the ACRs for relevant period.
(iii) To quash and set aside
Delhi
Dated the 13th April, 2010
OFFICE MEMORANDUM
Subject: Below Benchmark gradings in ACRs prior to
the reporting period 2008-09 and objective consideration ... MEMORANDUM
Subject:- Representation of Shri. Ghasi Ram, Chief
Engineer against below Benchmark gradings
awarded in his APARs for the periods from