ANIL KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner prays for quashing the impugned order dated 1.3.2016, Annexure P.4 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh rejecting his claim for financial up gradation w.e.f 10.5.2011 and regular promotion. Further prayer has been made for quashing the orders dated 9.5.2014 and 29.7.2014, Annexures A.19 and A.30 respectively.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. On 15.1.1986, the petitioner joined Central Scientific Instruments Organization (CSIR) as Section Officer (G) at Bhopal. He was promoted on 13.6.1995 as Administrative Officer and was posted at Lucknow. On 10.5.2001, he was promoted as Controller of Administration and was posted at Lucknow. On 26.5.2011, the petitioner on his transfer joined CSIR-CSIO, Chandigarh in the same capacity. The petitioner retired on 30.9.2014. On 10.5.2011, the petitioner became eligible for third financial up gradation under the Modified Assured Career Progression Scheme (MACPS) on completion of 10 years of service in the same grade pay i.e. Rs.15600-39100 with grade pay of Rs.7600.00 as per para 1 of MACPS guidelines dated 19.5.2009, Annexure A.3. As per para 17 of the MACPS guidelines dated 19.5.2009, Annexure A.3, the financial up gradation would be on non functional basis subject to fitness in the hierarchy of grade pay within the PB-1. Thereafter, for up gradation under the MACPS, the benchmark of good would be applicable till the grade pay of Rs.6600.00 in PB-3. The benchmark will be very good for financial up gradation to the grade pay of Rs.7600.00 and above. The CSIR vide circular dated 12.6.2012, Annexure A.7 issued the seniority list of Deputy Secretaries/Controllers of Administration and the name of the petitioner stood at Sr.No.5. Vide letter dated 24.12.2012, CSIR called the petitioner for interview for regular promotion to the post of Senior Controller of Administration/Sr.Deputy Secretary in PB-4 i.e. Rs.37400-67000 with grade pay of Rs.8700.00 for the vacancy for the year 2013-14 as per CSIR Recruitment and Promotion Rules for Administrative Staff 1982, Annexure A.9. Vide letter dated 16.1.2013, Annexure A.10, CSIR declared the panel for promotion to the post of Sr.Deputy Secretary/Sr. Controller of Administration for the vacancy year 2013- 14 and the petitioner was not recommended for promotion. The petitioner vide letter dated 6.9.2013, Annexure A.11 obtained copies of available ACRs for the period from 1.4.1996 to 31.3.2010 under the RTI Act wherein the grading was good, very good and outstanding. The CSIR vide letter dated 30.12.2013, Annexure A.12 notified the eligibility of the petitioner for grant of financial up gradation w.e.f 10.5.2011. Vide circular dated 6.2.2014, Annexure A.13, the CSIR issued All India Financial Seniority lists of Common cadre officers as on 1.1.2014. The petitioner's name stood at Sr. No.2 out of 33 in the category of Deputy Secretary/Controller of Administration. The petitioner made representations dated 14.2.2014, 23.4.2014 and 19.5.2014, Annexures A.14, A.16 and A.31 respectively. Vide letter dated 9.5.2014, Annexure A.19, the CSIR declared the result of the screening committee which met on 21.4.2014 and the petitioner's name did not appear in the list of officers recommended for grant of financial up gradation w.e.f 10.5.2011. According to the petitioner, the matter was put up before the committee without giving him any opportunity of making representation against the ACRs containing below benchmark grading for the year 2003-04 in terms of letter dated 13.4.2010, Annexure A.5 and for the years 2008-09 and 2009-10 in terms of letter dated 14.5.2009, Annexure A.2. Vide letter dated 2.7.2014, Annexure A.20, the petitioner was informed that his representation had been reconsidered and the competent authority had decided to adopt letter dated 13.4.2010, Annexure A.5 from the reporting period 2014-15 onwards. It was further stated that the decision was applicable in all the cases of similar nature and not in the case of the petitioner only. Vide letter dated 2.7.2014, Annexure A.21, the petitioner was called for interview on 29.7.2014 for regular promotion to the post of Sr. Deputy Secretary. The benchmark gradings were communicated to the petitioner vide letter dated 9;.7.2014, Annexure A.22. The petitioner again submitted a representation dated 23.7.2014, Annexure A.23 and appeared for interview for the year 2013-14 for regular promotion. On 23.7.2014, Annexure A.24, the petitioner made representation against the entries and final grading recorded for the year 2010-11. The CSIR vide letter dated  29.7.2014, Annexure A.30 declared the panel for the post of Sr. Deputy Secretary/Sr. Controller of Administration for the vacancy year 2013-14 thereby empanelling the officer junior to the petitioner for promotion. The case of the petitioner was placed before the Departmental Promotion Committee without disposing of the representation dated 23.7.2014, Annexure A.24 of the petitioner against the entries recorded for the year 2010-11. The petitioner filed application before the Tribunal on 14.5.2015. Vide order dated 1.3.2016, Annexure P.4, the Tribunal rejected the claim made by the petitioner. Thereafter, the petitioner filed review application. Vide order dated 12.4.2016, Annexure P.6, the Tribunal rejected the said application. Hence the instant writ petition by the petitioner.

(3.) We have heard learned counsel for the petitioner.