In our opinion if he makes a representation it should be decided by an authority higher than one who gave the entry as laid down by the Apex Court in the case of Dev Dutt (supra).
43. We are informed that the appellant has already retired from service. However, if his representation for upgradation of the 'good' entry is allowed, he may benefit in his pension and get some arrears. Hence we direct that the 'good' entry of 1993-94 be communicated to the appellant forthwith and he should be permitted to make a representation against the same praying for its upgradation.If the upgradation is allowed, the appellant should be considered forthwith for promotion as Superintending Engineer retrospectively and if he is promoted he will get the benefit of higher pension and the balance of arrears of pay along with 8% per annum interest.
This view was reiterated by the Apex Court in the case of Union of India Vs. A.K. Goel & Ors. (Civil Appeal No.(s). 2872/2010) decided on 20.11.2013 in which the following has been held:-