UNION OF INDIA Vs. D.V. RANGAREDDY

JUDGEMENT

(1.) PRESENT writ petition is filed under Articles 226 and 227 of the Constitution of India challenging the order passed by the Central Administrative Tribunal, Bangalore Bench, Bench, in Original Application No. 98/2012 on 08.01.2014.

(2.) SEVERAL grounds have been urged in this petition in support of the reliefs sought for. By virtue of the said order dated 08.01.2014, a direction has been given by the Central Administrative Tribunal, (hereinafter referred to as the CAT) Bangalore Bench, to the petitioners to consider the aspect of Non -Functional Upgradation of the applicant -respondent herein ignoring the Annual Confidential Reports for the years 2000 -2001 and for the period from 28.12.2001 to 31.03.2002 and to hold a Review Screening Committee and consider his case for Non -Functional Upgradation with effect from 01.07.2006. Further direction has been issued to complete the said process within a period of three months and to grant all consequential financial benefits that would accrue to him after considering his case for Non -functional Upgradation with effect from 01.07.2006.

(3.) HOWEVER , the respondent No. 2 sent a communication to the applicant in June 2010 informing that the grading in the Annual Confidential Report for the period from 2000 -01 and for the period from 28.12.2001 to 31.03.2002 were below the benchmark. Soon after the receipt of the said communication, applicant submitted a written representation to the 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 a lapse of 9 and 8 years respectively and about three years after his superannuation. He had made it clear that neither the Reporting Officer nor the reviewing officer for the periods under reference had issued any oral/written warnings or expressed any displeasure on any of the qualities, field or traits on any occasion, which would justify below the benchmark grading in his ACR for the above periods. He had given reasons as to why he had not undergone four months training on Live Lines maintenance Techniques because of his age and physical ailments and fracture in right hand collar bone.