The main legal point established in the judgment is the relevance of merit-based promotion, comparative assessment of candidates' qualifications and performance, and the consideration of past performance in promotion decisions.

JUDGMENT

Vipin Sanghi, CJ. - This writ petition has been preferred by the petitioner, to seek quashing of the order dated 20.02.2018 passed by the Central Administrative Tribunal, Circuit Bench, Nainital, whereby the Tribunal dismissed the Transfer/Original Application No. 331/0003 of 2017, preferred by the petitioner.

2. The brief facts of the case are that the petitioner was initially appointed on the post of S.S. Grade-I, Forest Guard, on 04.02.1989 in the pay scale of Rs. 750-12-870-EB-14-490, by the order of Assistant Administrative Officer, Izzat Nagar, Bareilly, Indian Veterinary Research Institute (I.V.R.I), which is one of the wings of Indian Council for Agricultural Research (ICAR), New Delhi. Thereafter, on 05.10.1995, the Petitioner was promoted to the post of S.S. Grade-II, Forest Guard by the order of the Director, I.V.R.I, Izzat Nagar, Bareilly. Subsequently, on 15.03.1997the Petitioner was promoted to the post of S.S. Grade-III, Forest Guard, by the order of Director of the Department.

3. The petitioner further states that on 11.11.2005, a notice was issued by the Assistant Administrative Officer, I.V.R.I., Izzat Nagar, Bareilly inviting the applications from Group 'D' staff of I.V.R.I to fill up the post of T-1 Grade (Forest Deputy Ranger). According, to the Petitioner, pursuant to the circular dated 11.11.2005, the Petitioner applied for promotion to the post of T-1 Grade, i.e. the post of Forest Deputy Ranger. The promotion for the same was to be made through Departmental Promotion Committee (for short 'DPC') - respondent no. 3.

4. The Departmental Promotion Committee held its meeting on 18.11.2005 at I.V.R.I, Bareilly, for considering promotion of eligible candidates. Accordingly, DPC, selected the respondent no. 5- Shri Bhupendra Singh Parihar to the post of T-1 (Deputy Forest Ranger). The Assistant Administrative Officer, i.e. the respondent no. 2, vide order dated 22.03.2006, promoted Respondent 5 to the post of T-1.

5. The petitioner, being aggrieved by the order dated 22.03.2006, preferred Writ Petition No. 427 of 2006 (S/S) before this Court, and made a prayer for quashing the said order dated 22.03.2006, passed by the respondent no. 2. This Court, by order dated 28.03.2006, disposed of the Writ Petition with the following directions:

'However, liberty is given to the petitioner to move a fresh representation before the authorities concerned and if the petitioner is covered under the zone of consideration, the authorities concerned may pass appropriate orders considering the representation of the petitioner in accordance with the Rules.

Subject to the aforesaid, writ petition is finally disposed of. Order passed on 22nd March, 2006 by which the promotion has been made shall be subject to the final result of the representation to be filed by the petitioner.'

6. The petitioner, accordingly, submitted his representation to the Director, I.V.R.I, Izzat Nagar, Bareilly on 18.04.2006, to request the cancellation of the earlier order dated 22.03.2006 and to promote the petitioner to the post of T-1 Grade. The abovementioned representation, was rejected by the Assistant Administrative Officer, I.V.R.I, Izzat Nagar, Bareilly by its order dated 16.05.2006, which reads as follows:

'His case was first considered by the duly constituted DPC for promotion to the said post. On going through his relevant records vis-à-vis qualifications, experience, work and conduct reports, etc. the DPC did not find him suitable for promotion to the post of T-1 (Deputy Ranger). Hence as per rules, the DPC considered the case of next candidate namely Shri B.S. Parihar, S.S. Grade II (Forest Guard) and when the committee was satisfied with the qualification, experience, conduct and other relevant records, the name of Shri Parihar was recommended for promotion.'

7. The petitioner, having been aggrieved by the orders dated 22.03.2006 and 16.05.2006, passed by the respondent no. 2, preferred Writ Petition (S/S)No. 972 of 2006 before this Court. Du