Ashok Kumar Aneja vs Union Of India Through on 20 November, 2008
The applicant in the matter of promotion to the Senior Administrative Grade (SAG)/Specialist (Non-Teaching Cadre) has been superseded by his juniors. Inasmuch as present matter is covered in favour of the applicant, there would be no need to give facts in detail. Suffice it, however, to mention that the DPC for promotion to the post of Senior Administrative Grade (SAG) Specialist (Non-Teaching Cadre) met on 20.03.2009. The ACRs under consideration by the DPC were from the years 2001-02 to 2005-06. The benchmark for all the ACRs was to be very good. Admittedly, for three years i.e. 2001-02, 2002-03 and 2005-06, the applicant was assessed either as Outstanding or very good. It is only with regard to the ACRs for the years 2003-04 and 2004-05 that he has been downgraded to below benchmark. Admittedly as well, these two ACRs, which are below benchmark, were not communicated to the applicant, and further that reporting and review officers of the said ACRs have since already retired. Normally this Tribunal following the decision of Honble Supreme Court in CA No. 7631/2002 decided on 23.05.2008 in the matter of Dev Dutt v. Union of India and Full Bench of this Tribunal in OA No.24/2007 decided on 07.05.2008 in the matter of Ashok Kumar Aneja v. Union of India & Ors., would have directed the respondents to convey to the applicant his ACRs, which may be below benchmark, have representation from him, and if in consideration thereof the ACR of the applicant is upgraded commensurate to the benchmark, consider his case for promotion to the Senior Administrative Grade (SAG)/Specialist (Non-Teaching Cadre) from the date when others were so promoted. However, admittedly, in the present case, the reporting and review officers of the ACRs for the year 2003-04 and 2004-05 have since already retired.