SHIV KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The point involved in this case lies in a very narrow compass. The petitioner has prayed for the following relief:-

(2.) The facts that are not in dispute are: For the year 1994, the initiating officer had given the petitioner the grading `3' and the reviewing officer had given him the grading `3'. That means, he was put on the grading `High Average'. For the year 1993, the position was the same. For the year 1992, the initiating officer had given the petitioner the grading `4' and the reviewing officer had also given him the grading `4' and he was put on the grading `Above Average'. For the year 1991, the initiating officer had given the petitioner the grading `3' and the reviewing officer had given him the grading `4'. That means, the initiating officer had graded the petitioner in `High Average' and the reviewing officer had placed him on the grading `Above Average'.

(3.) For the purpose of one being considered for promotion to the next cadre, the concerned officer should possess two `Above Average' gradings. The question now is whether for the year 1991 the petitioner had secured `Above Average' or `High Average' grading.