UNION OF INDIA Vs. K. RAJARAJACHOLAN

JUDGEMENT

(1.) FOR the sake of convenience, in this order, the parties are referred to  as  arrayed in Writ Petition  No.13928 of 2012.

(2.) THE first Writ Petition is filed by the Commissioner of Customs and others challenging the order made in Original Application No.1541 of 2012 dated 9.4.2012 by the Central Administrative Tribunal, Chennai, wherein the first respondent has challenged the order dated 7.10.2010 denying Second ACP due to him as on 6.8.2007 ie., the date of completion of 24 years of service and in the said Original Application, though the order dated 7.10.2010 was not quashed, direction was given to grant Second ACP to the first respondent. Since, the order dated 7.10.2010 was not quashed by the Tribunal, the first respondent has filed the second Writ Petition to quash the order dated 7.10.2010.

(3.) THE issue as to whether the non -communicated ACR entries can be relied on for the purposes of promotion/increase in the scale of pay either for Selection Grade or Special Grade or Second ACP, was already decided by the Hon'ble Supreme Court in the decision in Abhijit Ghose Dastidar v s. Union of India and others reported in (2009) 16 SCC 146 and in paragraph No.8, the Hon'ble Supreme Court held thus: