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SUPREME COURT OF INDIA
BEFORE K.N. SINGH AND P.B. SAWANT, JJ.
R.K.SINGH
Versus.
STATE OF U.P. AND OTHERS
Civil Appeal No. 3406 of 1988
Decided on 23-4-1991
Adverse Entries - Selection Grade - The court allowed the appeal, set aside the order of the Central Administrative Tribunal, and modified the order of the State Government to grant the appellant Selection Grade with effect from January 1, 1986, after the adverse entries in the service record were expunged.
Fact of the Case:
The appellant challenged the denial of Selection Grade by the State Government due to two adverse entries in the service record. However, during the appeal, the adverse entries were expunged, and the State Government granted Selection Grade from the date the appellant was eligible.
Finding of the Court:
The court found that the appellant was entitled to Selection Grade from January 1, 1986, after the adverse entries were expunged, and directed the appellant to be treated in Selection Grade with consequential benefits. The appellant would also be considered for further promotion in accordance with rules.
Issues: The issues involved the denial of Selection Grade due to adverse entries, the expungement of adverse entries during the appeal, and the entitlement of the appellant to Selection Grade from the date of eligibility.
Ratio Decidendi: The court's decision was influenced by the expungement of adverse entries, which entitled the appellant to Selection Grade from the date of eligibility, and the failure to appreciate the view taken by the State Government in denying the appellant's entitlement.
Final Decision: The appeal was allowed, the order of the Central Administrative Tribunal was set aside, and the order of the State Government was modified to grant the appellant Selection Grade with effect from January 1, 1986, along with all other consequential benefits.
ORDER
1. This appeal is directed against the order of the Central Administrative Tribunal dismissing the appellants petition challenging order of the State Government denying Selection Grade to the appellant in the Indian Administrative Service (U.P. Cadre) on the ground that the appellant had been awarded two adverse entries for the years 1980-81 and 1982-83.
2. After hearing learned counsel for the parties and having regard to the facts and circumstances of the case we are of the opinion that this appeal must succeed. There is no dispute that during the pendency of this appeal the appellants representation against the adverse entries has been allowed and these entries have been expunged from his service record. Since the adverse entries were expunged the State Government by its order dated January 24, 1991 granted Selection Grade to the appellant with effect from the date he takes over charge. We fail to appreciate the view taken by the State Government. Once the adverse entries awarded to the appellant were expunged the appellant is entitled to Selection Grade with effect from January 1, 1986 the date on which he was eligible for grant of Selection Grade. We, accordingly, allow the appeal, set aside the order of the Central Administrative Tribunal and modify the order of the State Government dated January 24, 1991 and direct that the appellant shall be treated in Selection Grade with effectfrom January 1, 1986 and he will be entitled to all other consequential benefits with effect from that date. As regards appellants further promotion, he will be considered for promotion in accordance with Rules.
3. The appeal is, accordingly, allowed.
4. There will be no order as to costs.
For Citation: 1991 Supp (2) SCC 126
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