JUDGMENT :

1. Through the medium of this petition, the petitioner is seeking to quash Office Memorandum No.BRDB/04/1826/EE(Civ)/2011/GE-1 dated 20.07.2011, issued by respondent No.1, whereby the representation filed by the petitioner for upgradation of below bench mark ACR gradings has been rejected. The petitioner is also seeking a direction to the respondents to grant him non-functional upgradation in the pay scale of Rs.37400 to Rs.67000 with grade pay of Rs.8700 per month in Pay Band (PB-4) with effect from 01.07.2006 on the analogy of similarly situated persons.

2. The facts-in-brief, as projected in the writ petition, are that the petitioner came to be appointed as Assistant Executive Engineer (Civil) in Border Roads Organization on 16.06.1992. He was promoted as Executive Engineer (Civil) on 13.02.2001. In the year 2011 he received a communication dated 26.04.2011 from HQ Director General Border Roads informing him that although his name was being considered for promotion against the post of Superintending Engineer (Civil), but since the Reviewing Officer and Accepting Officer has accorded below bench mark grading in his ACR for the period 01.04.2004 to 30.07.2007, as such he