- (1.) ADMIT .
(2.) ISSUE notice to respondent Nos. 1 and 3 to 32. The respondents are allowed four weeks' time to file counter affidavit. The petitioners will have one week thereafter to file rejoinder affidavit. List on 21.9.2010.
(3.) THE Central Administrative Tribunal has allowed the Original Application No. 503 of 1996 on 4.3.2009, relying upon Dev Dutt v. Union of India and Ors., (2008) 2 SCC (L&S) 771. The Tribunal has also relied upon Vijay Kumar v. State of Maharashtra, 1988 SCC (L&S) 42 and State of Gujarat v. Suryakant Chunilal Shah, (1999) SCC (L&S) 313 and has held that since a 'good' entry can be a ground to refuse promotion as the applicant could not clear the benchmark, it has to be treated as adverse for limited purpose to be communicated for a possible upgradation. The Tribunal thereafter held that since the bench mark has been changed by O.M. dated 10.4.1989, the 'good' entry be communicated to applicant to allow him to make a representation, if the applicant so desired within two months and if the entry is upgraded, the applicant should be considered for promotion by the Departmental Promotion Committee to be convened within three months with all consequential benefits.;