Uncommunicated ACR gradings below promotion benchmark ('good' vs 'very good') cannot be considered and must be deemed as meeting benchmark; renders decisions arbitrary violating Art.14 and natural justice principles.

JUDGMENT :

Aarti Sathe, J.

1. This petition under Article 226 of the Constitution of India has been filed praying for the following substantive reliefs: -

“a) That this Honourable Court be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction and call for the records and proceedings leading to the rejection of the case of the petitioner for grant of non functional selection grade (NFSG) as well as the rejection of her representation against the same under Order dated 26.07.2004 (Exhibit "J') & letter dated 26.05.2005 (Exhibit "O") and after examining the legality and propriety of the same, this Honourable Court be pleased to quash and set aside the said Orders dated 26.07.2004 (Exhibit "J") and 26.05.2005 (Exhibit "O') and direct the respondents to reconsider the case of the petitioner afresh for grant of NFSG;

b) That this Honourable Court be pleased to hold and declare that any gradings below the benchmark "Very Good" and which have not communicated to the petitioner cannot be taken into account at the time of consideration of the petitioner's case for grant of NSG either under the DOPT OM dated 09.10.1989 or under DACP Scheme and this Honourable Court be further pleased to declare that the said uncommunicated gradings below the benchmark in the relevant ACRs have to be excluded from consideration and the petitioner considered, as if, she is upto the benchmark in all years;

c) That this Honourable Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction to direct the respondents to reconsider the case of the petitioner for grant of NFSG ignoring the gradings in the ACRs for the relevant period which are below the benchmark "Very Good" and also any other adverse remarks or material, which have not been communicated to the petitioner.

d) That this Honourable Court be pleased to direct the respondents to grant the petitioner the said promotion to Non-Functional Selection Grade (NFSG) on par with her juniors (promoted under order dated 09.05.2004) from the same due date with all consequential service benefits including due seniority, arrears, fixation and any other admissible benefits;

e) Pending the hearing and final disposal of this petition, this Honourable Court be pleased to direct the Respondents to consider the case of the Petitioner for grant of NESG in future by ignoring any gradings below benchmark "Very Good" and any other adverse material which have not been communicated to the petitioner;

f) That ad interim relief in terms of prayer (c) above be granted.”

2. The primary challenge in the aforesaid petition is to the order dated 26^th July 2004 and 26^th May 2005 whereby the Petitioner’s case for promotion in Non Functional Selection Grade (NFSG) for higher pay scale, which was introduced in the Central Services including Armed Forces by the Department of Personnel and Training (DoPT) under Office Memorandum (O.M.) dated 09^th October 1989 has been rejected.

3. Briefly the facts are : -

i. The Petitioner was appointed to the post of General Duty Officer Grade II which is the rank of Deputy Superintendent of Police/Company Commander in the Central Reserve Police Force (CRPF). The Petitioner who was a doctor also served as a member of the Armed Forces of the Union of India. At the time of filing the present petition, the Petitioner was holding the post of Chief Medical Officer (CMO) (O.G.) which is of the same rank as that of the Commandant in CRPF.

ii. On 09^th October 1989, the