9911796707
TMI Blog2013 (11) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... as ACR entries, namely "Just adequate" made in the Service Register insofar as the first respondent is concerned, were not communicated as on the crucial date, i.e., on 6.8.2007, the said ACR entries cannot be relied on by the petitioners to consider the claim of the respondent seeking Second ACP from 6.8.2007 - Second petitioner, namely, Additional Commissioner of Customs, ADC, Unit Mandapam Roa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No.1541 of 2012 dated 9.4.2012 by the Central Administrative Tribunal, Chennai, wherein the first respondent has challenged the order dated 7.10.2010 denying Second ACP due to him as on 6.8.2007 ie., the date of completion of 24 years of service and in the said Original Application, though the order dated 7.10.2010 was not quashed, direction was given to grant Second ACP to the first respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that was on 6.8.2007. 4. The issue as to whether the non-communicated ACR entries can be relied on for the purposes of promotion/increase in the scale of pay either for Selection Grade or Special Grade or Second ACP, was already decided by the Hon'ble Supreme Court in the decision in Abhijit Ghose Dastidar v s. Union of India and others reported in (2009) 16 SCC 146 and in paragraph No.8, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred decision (Dev Dutt case, SCC p.738 para 41) relied on by the appellant. Therefore, the entries "good" if at all granted to the appellant, the same should not have been taken into consideration for being considered for promotion to the higher grade. The respondent has no case that the appellant had ever been informed of the nature of the grading given to him." 5. Applying the said judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the years 2003-2004 and 2004-2005. Hence, the second petitioner, namely, Additional Commissioner of Customs, ADC, Unit Mandapam Road, Ramanathapuram is directed to consider the said aspect and pass fresh orders in the light of the judgment cited supra within a period of three months from the date of receipt of a copy of this order. The Writ Petitions are disposed of accordingly. No costs. The co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
