MANMOHAN,J. - (1.) Present writ petition has been filed with the following prayers:- "(a) to issue a writ of certiorari, order or direction calling for records of the decision and order dated 23rd September 2014 and proceedings of the Contempt Petition CP No 707/2014 in 0A No 1245/2014 from the Central Administrative Tribunal, Principal Bench, New Delhi; (b) to issue a writ of certiorari, order or direction to quash the impugned order contained in para 14 of affidavit 16.2.2015(ANNEXURE P-8)., since Respondents have illegally and arbitrarily denied petitioner of his right to be considered for upgradation to grade of Additional Secretary, in as much as Respondents had returned the proposal for upgradation and appointment of petitioner to grade of Additional Secretary, without the said proposal having been considered by the Appointment Committee of Cabinet , for an irrelevant and malafied departmental proceedings initiated on 19.11.2014 subsequent to 8.8.2018 the date upgradation simpliciter of petitioner to grade of Additional Secretary, became due against the vacancy arisen on 8.8.2013 under the scheme of upgradation simpliciter in the Govt of India DOPT Order dt 21.6.2004(ANNEXURE P-1) ; (c) to issue a writ of mandamus, order or direction to Respondents for considering petitioner entitled to be considered by Respondents in the Appointment Committee of Cabinet (ACC) for approval of his appointment to grade of Additional Secretary against the vacancy arisen on 8.8.2013 under the scheme of upgradation simpliciter in the Govt of India DOPT Order dt 21.6.2004 (ANNEXURE P-1) ,with all consequential benefits with effect from 8.8.2013,that is, from the date upgradation simpliciter of petitioner became due under the said scheme; (d) to issue such order or direction as Hon'ble Court deems fit and proper in the circumstances."
(2.) Petitioner, who appears in person, states that the Respondents have illegally and arbitrarily denied petitioner his right to be considered for upgradation to the post of Additional Secretary, in as much as respondents had returned the said proposal for upgradation without the same being considered by the Appointment Committee of Cabinet. Petitioner states that he became entitled for upgradation simpliciter to the grade of Additional Secretary, against the vacancy on 8th August 2013 under the scheme of upgradation simpliciter of the Govt of India vide DOPT Order dated 21st June, 2004.
(3.) The petitioner states that the petitioner was the senior most Joint Secretary and Legislative Counsel (JS&LC) and was eligible for grade of Additional Secretary in the scheme of upgradation simpliciter and the petitioner also states that the Respondents No. 2 and 3 had with malafide intent promoted a candidate junior to the petitioner to the grade of Additional Secretary against the vacancy. The petitioner further states that this Court vide order dated 28th;