M.N. KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by an order of the Central Administrative Tribunal (hereafter referred to as "CAT ") dated 12.05.2014, whereby his grievance against denial of the Senior Administrative Grade (hereafter referred to as "SAG ") in Bharat Sanchar Nigam Limited (hereafter referred to as "BSNL "), on the ground of his not possessing the adequate bench -mark ACRs, was rejected; the petitioner had preferred OA 1168/2012.

(2.) BRIEFLY , the facts are that the petitioner had been communicated the adverse - below bench mark ACR - on 26.05.2009, pursuant to a direction by the CAT in OA 1255/2006 on 21.01.2009. At that stage, the petitioner had claimed a direction that he ought to be promoted to SAG retrospectively from the date when his immediate junior got that benefit. The below bench mark ACRs pertained to some parts of the period 1997 -98. The petitioner represented against the said downgraded ACR on 1.6.2009; this was, however, rejected on 6.4.2010 by the BSNL which continued to maintain the position that the earlier grading was correct. Union of India too rejected the representation on 24.6.2010. It was in these circumstances that the petitioner approached the CAT once again - this time in the second round on 10.10.2011 vide OA No.3966/2010. The CAT noted that the Office Memorandum communicated to the petitioner on 6.4.2010 was bereft of any reasoning; consequently it set aside that order and directed the respondents to consider all relevant facts and pass appropriate orders in accordance with law.

(3.) OUT of 8 new and 6 expansions of exchanges, 5 were brought into service without clearance of Acceptance Testing, violating the departmental procedures.