RAMESH TIWARI Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) Prayer in this writ petition is for setting aside the judgment of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the 'Tribunal') dated 29.04.2010 in OA No. 757/JK/2008 and for granting the relief prayed for in the OA as also for quashing the ACRs of the petitioner for the years 2000-2001, 2001-2002, 2002-2003 and 2003-2004, for directing the respondents to give benefits of, First Assured Carrier Progression Scheme (ACP) w.e.f. 25.08.2005 in the Pay Scale of Rs. 8000-13500 (Revised Pay Scale of Rs. 9300-34800 + Grade Pay of Rs. 5400), Second ACP from 01.09.2008 in the grade of Rs. 15600-39100 + Grade Pay of Rs. 6600 (and not the Pay Scale of Rs. 9300-34800 + Grade Pay of Rs. 5400 as had been granted by the department vide Office Order No. 23/2010 dated 06.04.2010) and for promotion to the post of Senior Marketing Officer w.e.f. 14.03.2008 as had been granted to his junior i.e. Shri S.C. Saha.

(2.) Claim of the petitioner before the Tribunal was that he was ignored for the grant of first ACP with effect from 09.08.1999, second ACP on completion of 24 years w.e.f. 01.09.2005 besides regular promotion as Senior Marketing Officer with effect from the date the same had been granted to his juniors vide Office Order No. 14.03.2008. The plea of the petitioner before the Tribunal was that he was fully eligible for the aforesaid benefits and it appeared that either his case had not been considered on account of nonavailability of the ACRs or on the basis of adverse material available with the respondents which had not been brought to his notice, particularly grading in the ACRs.

(3.) In support of his contentions, the petitioner placed reliance on the decision of the Honourable Supreme Court in case titled as Dev Dutt Vs. Union of India & ors. reported as 2008(3) SCT 429 , Abhijit Ghosh Dastidar Vs. Union of India & ors. , as also Writ Petition No. 4003-04 of 2005 in the matter of Union of India & anr. Vs. Ranju Prasad decided by the Delhi High Court.