D.S.TAWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Ms. Reena Kanani, learned advocate on behalf of Mr. P.H.Pathak, learned advocate for the petitioner and Mr. S.R.Gori, learned advocate appearing for the respondent.

(2.) THIS writ petition as been filed challenging the order passed by the C.A.T. in OA no. 176/2001 with MA no. 279/2003 dated 20/7/2004. The petitioner was working as Asst. Divisional Medical Officer with the respondent. The respondent considered the claim of promotion to the post of Junior Administrative Grade. His C.R. entry was to be considered. According to the respondent, the petitioner had, during last five years, earned five good entries. D.P.C. did not find the petitioner suitable for the post of Junior Administrative Grade according to the benchmark stated by the respondent. The benchmark was 17 points for the post of Junior Administrative Grade and Senior Grade both. The claim of the petitioner was before the Tribunal for upgrading of three points for good entry and four points for very good entry in C.R.

(3.) THE Apex Court in Dev Dutt vs. Union of India and Ors reported in (2008) 8 SCC 725, has held that all entries must be communicated to the employee even if it is not adverse to him as he may have chance to make representation for upgrading it. This question has been referred before the larger bench of the Apex Court as there is conflict of the opinion in two decisions in case of U.P.Jal Nigam and Ors vs. Prabhat Chandra Jain and Ors. Reported in (1996) 2 SCC 363 and Union of India and Ors Vs. Major Bahadur Singh reported in (2006) 1 SCC 368.