UNION OF INDIA AND OTHERS Vs. CHAMAN RANA

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals arise from a common order dated 05.05.2017, directing retrospective consideration for promotion of the respondents to the post of Second-in-Command and Commandant respectively, in the Border Security Force (BSF), from the date that their juniors had been promoted, along with all consequential benefits.

(3.) The respondents in the two writ petitions were superseded in the years 1996 and 2000, respectively. Both of them were subsequently promoted on 28.11.1997 and 16.06.2003 as Second-in-Command and Commandant respectively. Subsequently, both of them submitted several representations for promotion from the date of supersession. Orders rejecting the representations, along with reasons, were duly communicated to them more than once. After the pronouncement in Sukhdev Singh v. Union of India & ors., (2013) 9 SCC 566 affirming Dev Dutt v. Union of India & ors., (2008) 8 SCC 725, separate writ petitions were filed by them on 25.09.2016. The common plea taken was that the entry `good' in their annual confidential reports (ACRs) for the relevant years was an adverse remark in view of the benchmark of `very good'. Since the adverse entry had not been communicated to them, it could not be taken into consideration, requiring reconsideration for promotion from the date of supersession.