This petition challenged an order withholding promotion due to below-benchmark grading. The Court declined to interfere, relying on a prior order in CWP No. 9734 of 2013 and the decision of the Supreme Court in Dev Dutt.
The writ petition was dismissed; no direction was issued to reconsider the promotion claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 10405 of 2013
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 10405 of 2013
Date of decision: 15.05.2013
Union of India and others
..... Petitioners
Versus
Central Administrative Tribunal and another
..... Respondents
CORAM: HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR.JUSTICE R.P. NAGRATH
PRESENT: Mr. P.C. Goyal, Advocate for the petitioners.
SURYA KANT, J. (ORAL)
This writ petition assails the order dated 24.7.2012 (Annexure P-3) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh, whereby a direction was issued to the petitioners to re-consider the claim of respondent No. 2 for promotion without taking note of un-communicated below benchmark grading for the relevant period.
It is not in dispute that the subject report though was good but it has been treated as 'below benchmark' grading and has been relied upon to deny promotion to respondent No. 2. The aforesaid report was admittedly not conveyed to the petitioner despite the mandate contained
CWP No. 10405 of 2013 -2-
the decision of the Hon'ble Supreme Court in Dev Dutt Vs. Union of India and others, 2008 (8) SCC 725.
For the reasons assigned by this Court in the order dated 7.5.2013, passed in CWP No. 9734 of 2013 (Union of India and others
Vs. Central Administrative Tribunal and another) , we are not inclined
to interfere with the order under challenge.
Dismissed.
( SURYA KANT ) JUDGE May 15, 2013 ( R.P. NAGRATH ) rishu JUDGE
2 issues framed by the court
Whether the High Court should interfere with the Central Administrative Tribunal's order denying promotion due to below benchmark grading.
Whether the Tribunal's order should be set aside for failing to consider uncommunicated grading reports.
Colour shows how this judgement treated each authority
Dev Dutt Vs. Union of India and othersReferred¶15
Dev Dutt Vs. Union of India and others, 2008 (8) SCC 725 · Who else cites this
Union of India and others Vs. Central Administrative Tribunal and anotherReferred¶19
CWP No. 9734 of 2013 (Union of India and others Vs. Central Administrative Tribunal and another)
Union of India and others
Central Administrative Tribunal and another
Surya Kant
R.P. Nagrath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
