NDLI: Anil Kumar Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Claim for financial upgradation and promotion CSIR Recruitment
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	CSIR Recruitment & Promotions Rules for Administrative Staff, 1982 – Claim for financial upgradation and promotion – Appellant was aggrieved by the rejection of his claim for financial upgradation and promotion by the Council for Scientific and Industrial Research (CSIR) – Appellant contended that the failure to communicate the Annual Confidential Reports (ACRs) in which he had failed to meet the benchmark violated the O.Ms issued by the Department of Personnel and Training – CAT rejected the said contention and upheld the rejection by the CSIR – Order of the CAT was affirmed by the High Court – On appeal, held: Both the CAT and the High Court were in error in coming to the conclusion that CSIR being an autonomous entity and having adopted the O.Ms of the Department of Personnel and Training with effect from a specified date, the appellant could not make a grievance of the non-communication of the ACRs for the relevant period – In Dev Dutt v. Union of India & Ors., it was held that fairness in public administration and transparency require that all entries in the Annual Confidential Reports (ACRs) of a public servant must be communicated within a reasonable period in order to enable the employee to make a representation for upgradation and a failure to communicate would be arbitrary – In instant case, the failure to communicate the ACRs deprived the appellant of the opportunity to submit his representation in the matter of financial upgradation – Subsequently, appellant was furnished with opportunity to submit his representation for regular promotion, but it was not considered – CSIR being an autonomous body do have certain administrative privileges, but it cannot claim a privilege not to comply with the judgment of the Supreme Court – CSIR was bound to follow the principles laid down in Dev Dutt’s case – Thus, appellant granted an opportunity to submit his representation in respect of the ACRs for the concerned years where he did not fulfil the benchmark for financial upgradation – Service Law.Council for Scientific and Industrial Research (CSIR) notified the eligibility of the appellant for grant of financial upgradation with effect from 10 May 2011. However, the name of the appellant did not appear in the list of officers for financial upgradation. The ACRs of the appellant were below the benchmark required for certain years namely 2003-2004, 2008- 2009 and 2009-2010. The gradings were communicated to the appellant on 9 July 2014 to which he submitted a representation for regular promotion, but it was not considered. The appellant was neither granted a financial upgradation nor was he promoted as a part of the exercise of regular promotion to the higher post. Central Administrative Tribunal did not find any substance in the appellant’s grievance. Writ petition filed by the appellant before the High Court was also rejected. Hence, the present Appeal.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 64
Petitioner	Anil Kumar
Respondent	Union Of India And Ors.
SCR	[2019] 2 S.C.R. 521
Judgement Date	2019-01-21
Case Number	888

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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