M R NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) AFTER qualifying the All India Service competitive examination of the year 1968, the applicant Mrs. M.R. Nath came to be inducted to Indian Defence Accounts Service (for short 'IDAS') and has been given the badge of 1969 batch. In course of time, she came to be promoted to the post of Controller of Defence Accounts which post was up-graded in the year 2000 from the pay scale of Rs. 18400-22400 to that of Principal Controller of Defence Accounts (for short 'PCDA') in the pay scale of Rs. 22400-24500. The cadre of the officers of IDAS is governed by the Rules called the Indian Defence Accounts Service Rules, 2000. There are seven posts of PCDA as per Schedule I of the Rules. The next higher post is that of Additional Controller General of Defence Accounts (for short ACGDA) which is to be filled "by promotion on the basis of selection by merit" from amongst the officers managing the posts carrying the pay scale of Rs. 22400-525-24500. For filling the two vacant posts of ACGDA, A Departmental Promotion Committee (DPC) was convened on 29.4.2002. In view of the revised guidelines notified by the Government of India, Department of Personnel and Training dated 8.2.2002, the bench mark for promotion to the post in the revised pay scale of Rs. 12000-16500 and above continued to be 'very good'. The guidelines further provided that the DPC shall determine the merit of those being assessed for promotion with reference to the prescribed bench-mark and accordingly grade the officers as 'fit' or 'unfit' only. Only those who are graded "fit" (i.e. who meet the prescribed bench-mark) by the DPC shall be included and arranged in the select panel in order of their inter-se seniority in the feeder grade. Those officers who are graded 'unfit' (in terms of the prescribed bench-mark) by the DPC shall not be included in the select panel. Thus, there shall be no supersession in promotion among those who are graded 'fit' (in terms of the prescribed bench-mark) by the DPC.

(2.) The applicant who was working as PCDA in the pay scale of Rs. 22400-24500 was eligible under the Rules for consideration for promotion to the post of ACGDA. On the basis of the Annual Confidential remarks of the applicant for the period 1996-97 to 2000-2001 (five years), the DPC in the light of the revised guidelines categorised the applicant as 'unfit' as she was not able to meet the bench-mark. The respondent No. 4 Shri V.K. Mishra who admittedly is junior to the applicant was recommended for promotion to fill one of the posts of ACGDA. Accordingly, the Appointments Committee of the Cabinet approved his promotion to the post of ACGDA in the pay scale of Rs. 24500-26000, as is evident from the order dated 23.8.2002 (Annexure A-1).

(3.) THE short question raised on behalf of the applicant is whether the applicant could be superseded by a junior officer in the matter of promotion particularly when the applicant has put in 33 years of outstanding service and nothing adverse was ever conveyed or communicated to her. THE relief sought by the, applicant is that the promotion of Respondent No. 4 as contained in letter dated 23.8.2002 (Annexure A-1) be quashed with a declaration that she is entitled to be promoted to the post of ACGDA with effect from the said date with all consequential benefits.