The court held that the posts of Additional Secretary/Secretary are promotional posts, and directed the opposite party to consider the petitioner's case afresh for empanelment, disregarding previous non-empanelment.

JAGDISH BHALLA, J.

( 1 ) AGGRIEVED by non-inclusion of the name of the petitioner, who is a Member of Indian administrative Services, in the panel for the Post of Additional Secretary and Secretary in the government of India, petitioner filed Original Application No. 39 of 1998, before the Central administrative Tribunal. Petitioner inter-alia also prayed therein; that the opposite parties may be directed to ignore the A. C. Rs. awarded to him for the years 1994-95, 1995-96 and 1996- 97, while considering him for empanelment as Secretary to the Government of India and the Union of India, and the Cabinet Secretary to the Government of India may also be directed to streamline the system of recording A. C. Rs of the Members of Indian Administrative Services.

( 2 ) CENTRAL Administrative Tribunal by the judgment and order dated 28. 4. 2000, rejected the O. A. No. 39 of 1998 on the grounds that it is not at all necessary to examine the shortcomings in the format of A. C. R. in Public Interest. Secondly, the relief claimed by the applicant can be well considered and examined in the light of Para 14 of the Scheme which provides that while due regard would be given to seniority, filling up of any specific post would be based on merit, competence and specific suitability of the Officer for a particular vacancy. Further, it is not at all necessary for the Committee to give details for inclusion and reasons for non-inclusion of names.

( 3 ) PETITIONER has now approached this Court, questioning the correctness of the judgment and order dated 28. 4. 2000, inter-alia on the grounds that the Tribunal had not considered all the points and legal issues mentioned in the pleadings and, therefore, erred in law in holding that the post of Additional Secretary or Secretary to the Government of India, is not a promotional post; the Tribunal has also erred in holding that the prayer for empanelment to the post of Additional secretary has been rendered infructous as the petitioners case had been considered for the post of Secretary to the Government of India.

( 4 ) IT appears that after appointment, of IAS Officers of 1966 Batch, the Government of India, considered the candidature for empanelment of IAS Officers of 1967 Batch for appointment to the posts of Additional Secretary and equivalent posts at the Centre. Thereafter, the Special committee of Secretaries met on 13. 9. 1996 to consider the suitability of the IAS Officers of 1967 Batch for empanelment to hold the posts of Additional Secretary or equivalent posts at the centre. After scrutinizing the ACRS upto 1993-94 of all the candidates including the petitioner and after screening the dossiers of the Officers included in the list and keeping in view the record and experience coupled with leadership ability, their achievements and their potential for general management positions, the Committee made its recommendations.

( 5 ) SPECIAL Committee of Secretaries comprising of the Cabinet Secretary, Principal Secretary to the Prime Minister, Home Secretary and Secretary (Personnel) did not find the petitioner suitable to hold a post at the level of Additional Secretary or any other equivalent post in the Government of India even after a review carried out on 12. 12. 1997 in respect of Officers, who were not empanelled in the year 1996. Appointments Committee of the Cabinet approved the recommendations made by the Special Committee of Secretaries. It may be added that only 52 officers out of 118 eligible Officers of the 1967 Batch were found suitable for empanelment.

( 6 ) BEFORE coming to the merits and de-merits of the case, it would be apt to mention, in short, the procedure for appointment of Officer for filling the posts at various levels in the Central government which was/is being adopted by the Government, the procedure for writing confidential report and various Office Memorandum issued with regard to writing of confidential reports etc.

( 7 ) SOURCES of filling posts at various levels in the

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