UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) R. Sudhakar, J. Though the miscellaneous petitions are listed for disposal, by consent of learned counsel for the parties, the main writ petition itself is taken up for disposal.

(2.) THE writ petition has been filed by (i) Union of India, represented by its Secretary to Government, ministry of Finance, (ii) Central Board of Excise and Customs, represented by its Member (P & V) and (iii) Union Public Service Commission, represented by its Secretary, challenging the order of the Tribunal dated 9. 12. 2004. THE affidavit in support of the writ petition has been filed by the third petitioner, namely, the Deputy Secretary, Union Public Service Commission.

(3.) BEFORE the Tribunal, the union Public Service Commission filed a reply stating that the DPC meeting was held on 8. 10. 2003 and 9. 10. 200 3 to consider selection of officers to promotion to the grade of Joint Commissioner of Customs and Central Excise against total of 145 vacancies pertaining to the years 1992-93 to 1997-98. It is stated that the DPC followed the revised guidelines issued by the Department of Personnel and Training - vide their O. M. No. 35034/7/97-Estt. (D), dated 8. 2. 2002 regarding assessment of officers. It was stated that as per the earlier DPC guidelines issued by the Department of Personnel and Training (hereinafter referred to as dopt ) which remained in force till 7. 2. 2002, the DPC was required to give an over-all grading of the officers being assessed and the over-all grading was required to be the one among (i) outstanding, (ii) very good, (iii) good, (iv)average and (v) unfit. As per the DPC guidelines, the benchmark prescribed for promotion to all posts in the pay scale on Rs. 12000-16500 and above was very good with the stipulation that the officers who are graded as outstanding would rank en-bloc senior to those who are graded very good and placed in the select panel accordingly up to number of vacancies by maintaining inter-se seniority in the feeder grade/post. However, as per the revised DPC guidelines dated 8. 2. 2002, the DPC should determine the merit of those being assessed for promotion with reference to the prescribed benchmark and accordingly grade the officers as fit or unfit .