next higher post on the ground of having below benchmark
grading (BBM) for the relevant years under consideration in his ACRs. According
to the petitioner ... years 2005-06 and 2006-07 he was
considered having below benchmark gradings and therefore, he was not
considered for promotion. According to the petitioner
graded him "unfit for
promotion to the Grade of Second-in-Charge" as the petitioner could not
achieve the benchmark. The petitioner ... vacancy year
2010-2011 was held on 31.03.2010 and the below-benchmark grading,
WP(C) 2052/2012
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given to the petitioner
after 25.07.2016, the following
Benchmarks for APARs are applicable:
APAR for the year Benchmark grading for Benchmark grading for
MACP for Level 11 and MACP ... instructions submits that the Department has decided to
review the grading of the benchmark given to the petitioner for the year 2016 and have
ACRs are now known as APARs. As per Clause 13, any
grading below benchmark has to be adequately justified by citing
specific failures and similarly ... approach is required to be adopted while
awarding grades to the Ratee Officer. Any grading below benchmark
has to be adequately justified by citing specific
posts i.e. Grade-I, Grade-II, Grade-III
and Grade-IV shall be reserved for persons with benchmark disabilities.
Benefits of reservation in promotion ... limited to the
Grade-III and Grade-IV posts only, where four percent of posts shall be reserved for persons with
benchmark disabilities of which
compelling any government departments to
communicate below benchmark/adverse/remedial remarks in the ACR,
the below benchmark gradings in the ACRs of the respondent ... gradings recorded in
the ACRs was required to be "Very Good". The relevant periods where
gradings were recorded below benchmark level were
Training (DoP&T), Government of India's instructions, benchmark Grading for
promotion from the rank ... officer must have benchmark Grading of "Very Good" in all APARs
for the preceding 5 (five) years under consideration.
21. When
even after issuance of
multiple memos and warnings. Nonetheless, his grading was up-graded
to good by the Reviewing Authority.
x. Similar comments are available ... able to control the
operation at Borivali.
xiii. The below benchmark grading awarded to the petitioner
was accepted by him.
Page
fallen short of only
one mark of the benchmark of promotion to the next higher grade, the service
prospect of the petitioner was totally jeopardized ... candidate is otherwise is meeting the benchmark and no valid
reasons exists for below benchmark grading, the Courts may intervene to
ensure fairness. He further
posts i.e. Grade-I, Grade-II, Grade-III and Grade-IV shall be reserved for
persons with benchmark disabilities.
Benefit of reservation in promotion ... limited to the Grade-III and Grade-IV posts only, where four percent of
posts shall be reserved for persons with benchmark disabilities of which
