MOHAMMAD RAFIQ,J. - (1.) This writ petition has been filed by Union of India through its Secretary, Department of Personnel and Training, questioning the legality of the judgment passed by Central Administrative Tribunal dated 30.10.2015, with the prayer that the same be set aside. The Tribunal by the aforesaid judgment allowed the Original Application (for short-'OA') filed by respondent-Ms. Neelima Jauhari, who therein challenged the order dated 19.03.2012 passed by the Deputy Secretary, Department of Personnel (A-1), rejecting the representation against the downgrading of remarks in her ACR of the year 1999-2000, 2000-01, 2001-02 and 2002-03. Further prayer made in the OA before the Tribunal was that benchmarks awarded to the applicant (respondent wherein) may be upgraded to 8 or 9 in the category of 'outstanding' as per complete record of particular year so as to match with her previous and subsequent APARs and direction be issued for her empanelment for appointment on deputation as Additional Secretary in the Central Government on the basis of overall service record, ignoring the downgraded remarks. The Tribunal while disposing of the OA passed the following directions in para 10 and 11 of the order impugned : "10. In view of above position, we are of the view that for the purpose of consideration of the applicant, who is now working as Chairman, Board of Revenue, Rajasthan, if otherwise eligible, for empanelment/selection as Secretary to the Government of India in the Central Government under the Central Staffing Scheme, the gradings in the following ACRs are required to be treated as under - JUDGEMENT_217_LAWS(RAJ)8_2016_1.html 11. The OA is, thus, disposed for with directions to respondent No.1 i.e. Union of India through the Secretary, Department of Personnel and Training, Government of India to consider the applicant, if otherwise eligible, for empanelment/selection as Secretary in the Central Government under the Central Staffing Scheme with the Gradings of ACRs as stated in the proceeding paragraph. Further, the applicant's case shall be considered in the next meeting of the Special Committee of Secretaries (SCoS). The respondent No. 2 the State of Rajasthan through Principal Secretary, Department of Personnel, Government of Rajasthan, Jaipur shall also carry out any required formalities without delay for consideration of the case of applicant by respondent No.1 as direct above. No order as to costs."
(2.) Shri Anand Sharma, learned counsel appearing for the petitioner-Union of India has submitted that prior to filing of the above referred to O.A., the respondent had filed O.A. No. 479/2011 seeking up gradation of the benchmarks in respect of APAR of the year 1999-2000. The Tribunal by order dated 31.10.2011 held that O.A. to be premature and required to respondent to first prefer a representation before the competent authority. This representation was rejected by the State Government vide order dated 19.03.2012, which was impugned before the Tribunal in the O.A.
(3.) Learned counsel for the petitioner has argued that the learned Tribunal has erred in law is appreciating that scope of the subsequent application could have been expanded to also question the downgrading and seek up gradation in the APARs of the subsequent years. Empanelment the officers of posting as Joint Secretaries, Additional Secretaries and Secretaries in the Government of India is made on deputation and is regulated by the provisions of the Central Staffing Scheme (CSS). Such deputation by way of selection to the aforesaid positions is preceded by empanelment of the eligible candidates at respective levels in the Central Government in accordance with the guidelines for empanelment. It was made clear in reply to the OA that such empanelment and deputation in the Central Government are avenues of promotion or of career progression for the officers belonging to IAS or other services and that empanelment is considered as reflection of intrinsic merit or otherwise of an officer. Learned counsel for the petitioner has referred to para 3, 5 and 14 of Central Staffing Scheme in support of his arguments. It is submitted that suitability of an officer to occupy senior level posts in the Central Government is relevant factor. Further, empanelment of the officers to these posts is thorough the process of strict selects and needs of the Central Government, which are of paramount importance. It is submitted that exercise of empanelment initially was carried out by a Special Committee of Secretaries (SCoS), which while recommending names of the officers to be included in the panel, has taken into account the experience profile of the officers concerned, scrutinizes their records and evaluated qualities such as general reputation, merit, competence, leadership, flair for participation in policy making and in their implementation. The Special Committee of Secretaries in its meetings convened on 28.04.2009, 1.05.2009 and 13.05.2009 considered the reports submitted by the Expert Panel regarding 1979 batch of IAS officers in connection with their empanelment at the Secretary/Additional Secretary level. The Committee after evaluation of such qualities and also taking note of their vigilance status did recommend empanelment of the respondent for appointment to the post of Additional Secretary/equivalent posts in the Central Government. At no point of time, she has questioned her non-suitability before any forum of law.;