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2023 Supreme(Del) 5836

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Nirmal Kumar Chawdhary – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. M.K. Bhardwaj and Mr. Maria Mugesh Kannan. H, Advs., for the Petitioner.
Mr. Rakesh Kumar CGSC with Mr. Sunil, Adv., for UOI.

JUDGMENT

V. Kameswar Rao, J.

1. The challenge in this petition is to the order dated December 03, 2020 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) in the Original Application being O.A. No.4437 of 2017, filed by the petitioner whereby, the Tribunal has dismissed the OA.

2. The claim of the petitioner in the O.A. was primarily for his promotion to the post of Grade IV in Pay Band 4- .37400-67000 with Grade Pay Rs.8700/-.

3. Suffice to state, the Departmental Promotion Committee ('DPC', for short) had recommended the names of 39 officers for promotion, whereas three officers who were found 'Unfit' were not given promotion.

4. It is the case of the respondent that, with regard to 11 officers including the petitioner, it deferred consideration on account of below benchmark of Annual Performance Appraisal Reports (APARs) for the preceding 5 years.

5. The case of the petitioner was that, he made several representations but when no specific response was received, he filed the O.A. with a prayer for quashing and setting aside the communication dated November 24, 2017, through which his promotion was deferred. He sought consequential prayer a

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