LAWS(DLH)-2012-12-173

CHARANJIT LAL KHATRI Vs. SECRETARY GENERAL, RAJYA SABHA

Decided On December 21, 2012
Charanjit Lal Khatri Appellant
V/S
Secretary General, Rajya Sabha Respondents

JUDGEMENT

(1.) This intra-court appeal impugns the judgment dated 8 th November, 2011 of the learned Single Judge of dismissal of W.P.(C) No.1857/2011 preferred by the appellant, save for a direction to the respondent Rajya Sabha Secretariat to take a fresh decision on the appellant?s overall grading in the Annual Confidential Report (ACR) for the period 1 st August to 31 st December, 2007 and his overall grading for the entire year 2007, in the light of the observations in the judgment of the learned Single Judge.

(2.) Notice of the appeal was issued and the counsels have been heard. The appellant joined the services of the respondent on 9 th July, 1987 on the post of Translator and was on 1 st April, 1997 promoted to the post of Assistant Editor which post was subsequently re-designated as Editor and yet subsequently as Assistant Director. It is the case of the appellant that he on 1 st October, 2010 became eligible for consideration for promotion to the post of Deputy Director but was not so promoted and which led to the filing of the writ petition from which this appeal arises, impugning the promotion of one Ms. Punam Sahni to the said post and the order dated 28 th April, 2010 communicating the below benchmark in the ACRs of the appellant and also seeking promotion to the post of Deputy Director. During the pendency of the writ petition also, respondents promoted others to the post of Deputy Director and which promotions vide interim order in the writ petition were made subject to the outcome of the writ petition. The appellant has since, on attaining the age of superannuation on 30 th April, 2011, retired from the post of Assistant Director.

(3.) The counsel for the appellant has thus contended that the only benefit of the present litigation which the appellant can now derive is of increased pension.