- (1.) The instant writ petition is directed against order of the ld.Central Administrative Tribunal dt.14.12.2012 and further order passed on the review application No.6/2013 dt.05.03.2014.
(2.) The brief facts of the case, in nutshell, which may be relevant for our consideration are that the petitioner initially entered into service as Assistant Medical Officer in August, 1979 in the Railways and was confirmed vide order dt.15.03.1989 and has served the Institution for almost 33-34 years and while working as Senior Divisional Medical Officer he was granted selection grade w.e.f. 25.06.2002 and became eligible on completion of seven years of service for Senior Administrative Grade w.e.f. 25.06.2009 but when the consideration took place by the Committee for grant of Senior Administrative Grade, the name of the petitioner did not appear in the order dt.14.10.2009, he submitted his representation pursuant thereto he was informed vide order impugned dt.09.02.2011 that he was considered for Senior Administrative Grade but failed to qualify with the benchmark and was not found fit on the basis of his overall performance and that was challenged in Original Application before the ld.Tribunal. On the basis of pleadings of the parties it came on record that the ACRs for the period from 2004-08 were considered along with his service record for grant of Senior Administrative Grade but for the period ending i.e. 2005, 2006 & 2007 he made a representation and his ACRs for 2005 & 2007 were upgraded but the ACR of 2006 remained unchanged with the grade 'Good' and since the benchmark for Senior Administrative Grade is 'Very Good' and accordingly he was disqualified for grant of Senior Administrative Grade.
(3.) At the relevant point of time taking his overall performance into consideration, the ld.Tribunal had proceeded on the basis that if the petitioner was failed to qualify with the benchmark for grant of Senior Administrative Grade which indisputably was 'Very Good' in the year 2006, no error could be said to have been committed by the authority in holding him finally unsuitable for grant of Senior Administrative Grade in the year 2009 and accordingly the Original Application came to be dismissed vide order dt.14.12.2012.;