Uncommunicated below benchmark ACRs must be ignored in ACP assessment like promotions, but validly communicated and upheld adverse remarks justify denying ACP despite subsequent MACP grants.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“A. Hon’ble Tribunal may graciously be pleased to direct the respondent no.2 to grant the benefits of second A.C.P. to the applicant with effect from dated-25/06/2008, with grade pay of Rs.5400/-, within stipulated time as fixed by Hon’ble Tribunal. As per provisions of DOPT OM no.-35034/1/97-Estt(D), dated-09/08/1999, the second ACP of the applicant was due on dated-25/06/2008, after completion of 24 years of service.

B. Hon’ble Tribunal may also be graciously pleased to direct the respondent no.2 to grant the arrears of all consequential benefits such as increase in gross salary per month w.e.f. 25/06/2008, difference of all retirement benefits such as gratuity, commutation of pension, leave encashment and any other benefit (if arise) as well as all post retirement benefits such as increased pension w.e.f. 01/02/18 and other benefits (if any) from the respective dates of applicability of these benefits, with a compound interest of 12% per annum. These benefits will arise due to revised pay fixation after grant of second ACP w.e.f. 25/06/2008 with grade pay of Rs.5400/-

C. Hon’ble Tribunal may be pleased to award costs of the proceedings hereto and hitherto in favour of applicant.”

2. Brief facts of this case are that the applicant was appointed on the post of Technical Investigator in the office of the Textile Commissioner, Ministry of Textiles, Govt. of India (respondent no.-2) and was initially posted at Regional office of the Textile Commissioner, Ahmedabad. He joined duties in the Ahmedabad office on 25.06.1984. The applicant was granted first ACP on dated-09/08/99 with grade pay of Rs.4600/- and applicant's second ACP was due on 25.06.2008 with grade pay of Rs.5400/- after completing 24 years of service. The designation of the post of applicant was changed from Technical Investigator to Technical Officer vide office order dated 30.06.2004. A memo prepared on 30.12.2005 was served to applicant on 19.01.2006 that while posted at Powerloom service centre, Burhanpur (M.P. from Nov., 2003 to Sep., 2005, his ACR for the year 2004-05 was having adverse remarks. The applicant submitted his representation dated 24.01.2006 with all possible explanations and requested to expunge adverse remarks. Respondent no.-2 decided the applicant's representation dated 24.01.2006 on dated 05.01.2007 and respondents decided to retain adverse remarks in applicant's ACR for 2004-05. The applicant preferred an appeal before Textile commissioner (HOD), office of respondent no.-2 on dated 19.02.07 and the same was decided by the Textile Commissioner on dated 09.06.2008 and it was decided to retain the adverse remarks in ACR for 2004-05. The Deptt. screening committee (DSC) meeting was convened on 15.10.2010 to consider the applicant's matter for grant of second ACP due since 25.06.2008, along with four other officials. In this meeting the DSC declared applicant "Not-fit" for grant of benefits of second ACP. The office order regarding decisions taken by DSC in its meeting held on 15.10.2010, was issued on 07.04.2011. This office order contained the name of other four officials only whose matter was also considered in DSC along with the applicant. The said order neither contained any decision in respect of the applica