GHASI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers sought for in the present writ petition are: (a) Expunging the adverse remarks in the impugned ACRs of the petitioner for the periods (i) 01.09.2007 to 31.03.2008; (ii) 01.04.2009 to 05.08.2009; (iii) 01.04.2011 to 31.03.2012 and; (iv) 01.04.2012 to 31.07.2012, (b) setting aside/ or quashing the order dated 16.11.2011 issued by the respondent No.8 for not entertaining the representation for expunging the adverse remarks mechanically and without any reason & (c) impugned order dated 30.12.2013 for rejecting the representation filed by the petitioner for upgradation of his ACRs for the periods 01.04.2011 to 31.03.2012 and 01.04.2012 to 31.07.2012 without any reason, (d) for a direction to the respondents to consider the case of the petitioner for promotion to the post of Additional Director General, Border Roads Organi zation (for short "BRO") w.e.f. 01.04.2014 and (e) for a direction to the respondents to grant nonfunctional upgradation in HAG scale of Rs.67,000/ - to Rs.79,000/- w.e.f. 23.08.2011 and other relief(s).

(2.) Heard Mr. IH Saikia, learned counsel for the petitioner and Mr. SC Shyam, learned CGC appearing for the respondents.

(3.) Factual background:- The petitioner after obtaining B.Sc., B.E. (Civi l) and M.E. (Structure Engineering) was appointed as an Assistant Executive Engineer (Civil) w.e.f. 14.04.1980 under the Border Roads Development Board (for short "BRDB"), Ministry of Roads Transport and Highways, Govt. of India. The petitioner was promoted to the post of Executive Engineer in the year 1992, Superintending Engineer in the year 1997 and ultimately, he was promoted to the post of Chief Engineer in the month of November, 2004 and after promotion to the post of Chief Engineer, the petitioner was posted at various places and projects and presently, the petitioner is working as Chief Engineer, Research and Development Establishment (BRO), BRBD, Shillong w.e.f. October, 2013. Non-functional upgradation in the HAG scale of Rs.67,000/- to Rs.79,000/- was due to the petitioner w.e.f. 23.08.2011. By an order dated 06.02.2013, the respondent authorities granted the non-functional upgradation to his junior without considering the case of the petitioner. Non-consideration of the case of the petitioner for granting the aforesaid non-functional upgradation was done due to some ACRs which were recorded below the benchmark without any intimation to him in time. The next promotional post of Chief Engineer is the post of Additional Director General, BRO and such promotion was due to the petitioner w.e.f. 01.04.2013. One Shri.K.K.Y. Mahindrakar was to be retired from service on superannuation w.e.f. 31.03.2014 and the petitioner being the senior most Chief Engineer, was due to be promoted against the said vacancy in the post of Additional Director General, BRO w.e.f. 01.04.2014. It is an admitted case of the parties that the benchmark for promotion to the post of Additional Director General is "very good" and so also for nonfunctional upgradation in the scale of Rs.67,000/- to Rs.79,000/- and also the promotion should be on the basis of 5 years ACR/ICR/APAR/IPAR starting from 2007.