UNION OF INDIA Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) The present petition by the Union of India is directed against an order dated 6th February, 2017 passed by the Central Administrative Tribunal ("CAT"), Principal Bench, New Delhi disposing of OA No.456 of 2014 filed by the Respondent and directing that he should be granted Senior Administrative Grade ("SAG") with effect from 23rd January, 2007 i.e. the date when his juniors were so promoted, ignoring the two Annual Confidential Reports ("ACRs") for the years ending in March 2001 and March 2003. The Respondent was held entitled to all consequential benefits. The said impugned order was to be complied with within 3 months.

(2.) This is the 7th round of litigation as far as the Respondent is concerned. He joined the Indian Railway Medical Service ("IRMS"), which is a Group "A" Service, on 8th March, 1979. He was promoted to the Junior Administrative Grade ("JAG") in 1990 and to the Selection Administrative Grade ("SAG") on 6th June, 2000. He was placed in the SAG on 7th January, 2009. He superannuated from the services of the Railways on 31st December, 2012 from the same grade.

(3.) For the first time, the Respondent filed OA No.588 of 1988 when he was not appointed to the upgraded post of Divisional Medical Officer ("DMO"), whereas his juniors have been given that upgraded post. This was denied to him on the ground that his ACRs were below the benchmark. His OA was disposed of on 5th March, 1991 with directions to the Petitioner to review his ACRs for 3 consecutive years 1984-85, 1985-86 and 1986-87 and thereafter, assess his fitness for the upgraded post.