RAM NANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONER retired as an Overseer on 1.10.2002. After retirement in the year 2004 he filed a writ application challenging a communication dated 20.6.2002, which is contained in Annexure -12. By virtue of this cornmunication the representation of the petitioner with regard to promotion has been rejected.

(3.) A counter affidavit on behalf of respondents has been filed and they have stated that petitioner had no technical qualification but was only a high school pass. In other words he was a general category candidate and non -diploma holder. Promotion for such people have to be considered against 20% of the vacancies, which are available and in those 20% whenever the D.P.C. was held for promotion, the D.P.C. did not find him reaching the bench -mark. The minimum bench -mark for promotion is 'Good ' in any A.C.R.They further state in the counter affidavit that it is not a case of discrimination or nonconsideration. The petitioner 'scase as and when the occasion arose was taken up but since he did not qualify in terms of the A.C.R. appraisal he could not be granted promotion in question. Petitioner has now retired in the year 2002 and, therefore, there is no occasion for respondents to consider his case for promotion thereafter.