UNION OF INDIA AND ORS Vs. CHANDRA KANTA

JUDGEMENT

(1.) The petitioner Union of India assails the order dated 02.04.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (the Tribunal) in O.A. No. 397/2012. The Tribunal has allowed the said Original Application preferred by the respondent. The operative part of the impugned order reads as follows:

(2.) Mr. Singh, learned standing counsel for the Union of India submits that in terms of the directions issued by the Tribunal, the representation of the respondent applicant in respect of her ACR for the year 2007-08 was considered and the same has been amended to say that she is "fit for promotion", as opposed to the earlier recording that she is "not fit for promotion". He submits that the limited grievance that the petitioner has is with regard to the direction issued by the Tribunal, that while holding the Review Selection Committee meeting to consider the case of the respondent for grant of Higher Administrative Grade (HAG) from the date when her immediate junior was granted HAG, the Selection Committee has been directed to ignore the ACR for the period of 2005-06. He submits that the petitioner is prepared to hold the Review Selection Committee, but her ACR for the period 2005-06 should also be considered, and cannot be ignored as directed by the Tribunal.

(3.) The respondent, at the relevant time was an officer of the Indian Railway Accounts Service of 1977 batch. One of her juniors, namely, Sh. Raghuraman was granted HAG on 04.01.2010. She was, however, not granted the same. She sent her representation on 26.02.2010 and a reminder on 29.09.2011, i.e. a day before her superannuation on 30.09.2011. She claimed that she had not been communicated her ACR, which came in the way of her being granted the HAG. She was able to get the ACR with the intervention of the Central Information Commissioner in December 2011. Consequently, she preferred her Original Application on 31.01.2012.