Reserved (On 04.12.2025)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR Dated : This the ________ day of ______________ 2026 Hon’ble Mr. Justice Akhil Kumar Srivastava, Member (J)

Hon’ble Ms Mallika Arya, Member (A) Original Application No. 161 of 2012 Upendra Nath Sharma, S/o Shri D.D. Sharma, Aged about 51 Years, R/o 112-C, Govindpuri, Gwalior (M.P.)-474001.

…….Applicant By Adv: Shri Sunil Rao proxy counsel for Shri S. Ganguly V E R S U S

1. Union of India, Department of Personnel & Training, through it's Secretary, Government of India, North Block, New Delhi. 110001

2. Secretary, Union Public Service Commission, Dhaulpur House, New Delhi.-110001

3. Principal Secretary, Government of Madhya Pradesh, General Administration Department, Vallabh Bhavan, Bhopal (M.P.)- 462004

4. Shri Ashutosh Awasthi, Deputy Secretary Govt. of Madhya Pradesh Women and Child Department, Mantralaya, PIYUPIYU Development Vallabh Bhavan, Bhopal (M.P.) -462004.

SH SH

……..Respondents

By Adv: Shri S.P. Singh and Shri Divesh Jain

O R D E R

By Ms. Mallika Arya, AM The applicant was selected in the State Administrative Service in the year 1984. DPC was held on 26.06.2008 by the respondents for promotion of the State Cadre Officers of MP to the IAS for the year 2007 and 2008. The applicant was superseded by way of the impugned notification No. 14015/13/2009-AIS (I)-A, New Delhi dated 01.08.2011 (Annexure A-1) vis-à-vis his junior Shri Ashutosh Awasthi. The applicant is challenging the impugned order dated 01.08.2011 (Annexure A-1) alongwith the impugned order dated 25.01.2012 (Annexure A-11) wherein the representation of the applicant has been rejected. The applicant filed an OA No. 981/2010 before this Tribunal, which is still pending consideration. During the pendency of the aforesaid OA the respondent authorities convened the DPC meeting on 11.07.2011. A copy of the proceedings of the DPC held on 11.07.2011 procured under the RTI is annexed as Annexure A-2. Thereafter notification No. 14015/13/2009-AIS (I)-

PIYUPIYU SH SH A, New Delhi dated 01.08.2011 (Annexure A-1) was issued.

Although in the gradation list of State Administrative Services

(SAS) (MP State) as on 01.04.2007 (Annexure A-3), the name of

the applicant appeared at Sl. No. 54 and that of Respondent No.

4 at Sl. No. 70, the applicant was surprised to note that his name did not find place in the impugned notification dated 01.08.2011. Thereafter the applicant filed OA 924/2010 before this Tribunal which was disposed on 22.011.2010 (Annexure A-4) directing the respondents to consider the grievance of the applicant. The respondent authorities have not considered the representation of the applicant (Annexure A-5) and have furnished a misleading report to the Selection Committee of UPSC (Respondent No.2). In a sketchy manner Respondent No. 3 has submitted that the representation of the officer and comments of the State Govt. on the same have been brought to the notice of the Selection Committee (Respondent No. 2). The Screening Committee did not consider the representation of the applicant independently. Respondent No. 2 has issued guidelines for categorization of the SAS officers vide Circular No. F-No.-4/3/2005-AIS dated 13.10.2010 (Annexure A-6). The ACR of the applicant for the year 2006 was critical. Upon representation by the applicant the adverse entry in the said ACR was expunged in the year 2008.

PIYUPIYU SH SH The order dated 07.07.2011 was dispatched on 13.07.2011 and

the applicant received the same on 07.07.2011 (Annexure A-7).

The impugned DPC was convened on 11.07.2011. Copies of the

representation are annexed as Annexure A-8).

2. The applicant was graded ‘Very Good’ in the year 2007 and graded as ‘Unfit’ in the year 2008 in the DPC meeting held on 23.06.2008 for the vacancies arising for the year 2007 and 2008. The DPC met thrice in respect of the vacancies for the year 2008‘A’ and 2009 i.e. on 09.07.2010, 15.10.2010 and 29.11.2010. The orders with the altered the Selection list was finally iss