UNION OF INDIA Vs. K. MADHUSOODHANAN

JUDGEMENT

(1.) This original petition arises out of Ext.P5 order passed by the Central Administrative Tribunal, Ernakulam Bench in O. A. No. 913 of 2012. The respondent herein, who was working as Postal Assistant in the Savings Bank Organisation at the Head Post Office, Kanhangad filed the said O. A. seeking for an order to quash Annexure A3 order dated 25/07/2012 by which his request to review the entry in his Annual Confidential Report (for brevity, 'ACR') for the year 2007-08 was rejected. The respondent herein has also sought for a declaration that the assessment in his Confidential Report for the period from 01/04/2007 to 31/03/2008 once considered for 2nd financial upgradation under the Modified Assured Career Progression should not be a bar for his further promotions.

(2.) The reliefs sought for in the O. A. were opposed by the petitioners herein by filing Ext.P2 reply statement. The respondent herein filed Ext.P3 rejoinder, which was followed by Ext.P4 additional reply by the petitioners.

(3.) After considering the rival contentions, the Tribunal by Ext.P5 order dated 20/06/2014 allowed the O. A. holding that Annexure A3 order dated 25/07/2012 rejecting the representation of the respondent herein to upgrade the assessment in his ACR for the year 2007-08 from 'average' to 'good' shall not come in his way for promotion to the cadre of Lower Selection Grade (for brevity, 'LSG'). Accordingly, the petitioners herein were directed to adopt a proper methodology for considering the respondent herein for promotion to the cadre of LSG from the date on which his junior has been promoted, with all consequential benefits, within a period of two months from the date of receipt of a copy of the order. Feeling aggrieved by Ext.P5 order of the Tribunal, the petitioners herein are before this Court in this O. A.