UNION PUBLIC SERVICE COMMISSION Vs. RASIKA CHAUBE

JUDGEMENT

(1.) This petition by the Union Public Service Commission ("UPSC") is directed against an order dated 18th August, 2017 passed by the Central Administrative Tribunal ("CAT"), allowing OA No.3345/2015 filed by Respondent No.1, and setting aside the assessment made by the Second Review Departmental Promotion Committee ("Review DPC") held on 16th May, 2014, and directing that a fresh DPC be convened to reassess Respondent No.1, in light of the impugned order, within a period of 12 weeks from the date of the receipt of the order. It further directed that if Respondent No.1 succeeded, her position in the Junior Administrative Grade ("JAG") panel would be accordingly determined and she would also be entitled to consequential benefits.

(2.) The facts in brief are that Respondent No.1 is an officer in the Indian Defence Accounts Service ("IDAS"). She was appointed to the IDAS with effect from 28th August, 1986 based on the results of the Civil Services Examination held in 1985. Nine persons were appointed to the IDAS. Respondent No.1 was the senior-most and placed in Junior Time Scale of the IDAS. She retained her senior most position at Sl. No.1, even after her promotion to Senior Time Scale on 7th January, 1991.

(3.) In a DPC held in the UPSC on 19th December 1995, Respondent No.1 was considered for promotion to the JAG of the IDAS. The assessment matrix was the grading in the Annual Confidential Reports ("ACRs") for the period 1990-91 to 1994-95. Apparently, in the ACRs for the period 1991-92 to 1993-94, although there were no adverse remarks, the Reviewing Officer downgraded Respondent No.1 from "outstanding" to "very good". Thus, while she was granted the JAG, she was assessed as "very good", whereas four others junior to her were assessed as "outstanding". Therefore, in the seniority in the JAG grade, Respondent No.1 was superseded.