BINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the petitioner and learned counsel for the Union of India.

(2.) BY way of this writ application petitioner is seeking direction to the respondents to grant him promotion from 1.9.2002 to the post of Subedar with all consequential benefits which is the date juniors to the petitioner have been granted promotion to the post in question.

(3.) A counter affidavit on behalf of the respondents has been filed and the respondents have stated that for one year, i.e., for the year 2002 grading and ranking which were granted by the authorities to him did not allow the petitioner to cross the threshold and get promoted to the next post of Subedar. They have categorically stated that the matter was examined and reviewed by the various authorities and they had full occasion to judge the conduct and performance of the petitioner before they awarded grades in question. They further assert that marks awarded for annual appraisal is one thing and entry in A.C.R. another. Since the grading is not akin to adverse entry, therefore, they was no occasion to communicate the same to the petitioner. Petitioner Could be aggrieved but then from the reports it is he himself to be blamed for the situation today. The petitioner ought to have taken care to maintain a good grade in his performance for the year. Marks are awarded on many parameters and there is no element of subjectivity being introduced by the superior officer while grading. Respondents have indicated in para 31 of the counter affidavit some reason why the petitioner had slipped in his recent performance.