UOI AND ORS Vs. SH S P SINGH

JUDGEMENT

(1.) The present writ petition impugns the order dated 07.08.2014 passed in O.A. No.2870/2012, whereby the Tribunal has allowed the OA preferred by the respondent with a direction to the petitioners to convene a review DPC for the year 2007-2008 and re-consider the case of the respondent for promotion to the post of SAG ITS Group "A" by taking into account his upgraded ACRs for the years 2004-05 & 2005-06. The petitioners also impugned the order dated 11.07.2017 passed in R.A. No. 154/2016, whereby their review application was dismissed.

(2.) The brief facts of the case as noted by the Tribunal are that the respondent is an ITS (Indian Telecommunications Services), 1986 batch officer, who while working as a Deputy General Manager, was considered by the DPC held on 05-07.09.2007, for promotion to the Senior Administrative Grade (SAG) from the Junior Administrative Grade (JAG). The respondent was found unfit for promotion by the DPC on account of his not meeting the required benchmark of having 4 "very good" ACRs out of the 5 ACRs in the last five years i.e. for the years 2001-2002, 2002-2003, 2003-2004, 2004-2005 and 2005-2006. Upon the respondent learning that his junior had been promoted as SAG, while he had been declared unfit by the DPC, he first moved an application under the RTI Act and upon getting necessary information thereunder, made a representation for seeking upgradation of his ACRs as also for re-consideration of his case for promotion to SAG against the vacancy for the year 2007-2008.

(3.) Upon receiving the respondent's representation, the petitioner passed an order dated 22.03.2012, informing him that while his ACRs for the years 2004-2005 and 2005-2006 had been upgraded from "Good" to "Very Good", his request for holding a review DPC could not be acceded to, as the OM dated 13.04.2010, issued by DOP&T clearly stipulated that the upgraded ACRs would be considered only for future DPCs and not for the DPC's held prior to the issuance of the said OM.