- (1.) The petitioner prays for quashing of the order dated 27.04.2010, vide which he has been ignored from promotion while his juniors were promoted. The reason for the petitioner not making the grade is his inability to achieve the minimum bench mark required as per the revised instructions of 2001 which were applied to the case of the petitioner, as also, to other incumbents who were considered alongwith him.
(2.) The instructions of 2001 as applicable to the petitioner would require the grant of marks as per the following criteria prescribed:- 'Outstanding' 4 marks 'Very Good' 3 marks 'Good' 2 marks 'Average' 1 mark For Group-A posts, an incumbent was required to achieve a minimum bench mark of 12 marks and graded as 'Very Good', with a further stipulation that there should not be any adverse remarks in the ACR under consideration. For the purposes of reference sub clause 2 and sub clause 4 of the instructions are also extracted here: (2)For promotion to posts falling in Group 'A' other than Head of Departments, the minimum bench mark will be 'Very Good' with atleast 12 marks. Amongst those meeting this criteria, there would be no supersession. (4) For making promotion in all the categories there should not be any adverse remarks in the ACRs under consideration.
(3.) A summarized chart of the ACRs of the petitioner as given below indicates that the petitioner was having two 'Average' reports for the preceding five years which were taken into consideration by the Departmental Promotion Committee. Seniority No. Name Year 2004-05 Year 2005-06 Year 2006-07 Year 2007-08 Year 2008-09 Total Marks 251 Jasbir Singh Average Average Good V.Good Excellent 11;