UNION OF INDIA Vs. VIRENDER BABORIA

JUDGEMENT

(1.) The appeal arises out of the respondent's writ petition which has been allowed by the order impugned dated March 13, 2020.

(2.) The appellant employer is particularly aggrieved by the reasons indicated at paragraph 6 of the impugned order and what is submitted to be the erroneous inference drawn from a document which appears at page 198 of the appeal papers.

(3.) The facts are not much in dispute. The writ petitioner joined the Assam Rifles as a Medical Officer on January 1, 2004. Under the Dynamic Assured Career Progression Scheme (DACP), every Medical Officer was entitled to be promoted after completing four years in service, subject to meeting the minimum requirements in the Annual Confidential Reports. The relevant scheme also provided that a Medical Officer promoted as a Senior Medical Officer would be entitled to be promoted to Chief Medical Officer after completing five years in service as SMO, again subject to meeting the benchmark requirements as to performance recorded in the ACRs.