ASITAV MOHANTY vs UNION OF INDIA & ANR.

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25.02.2025 + W.P.(C) 8640/2020 ASITAV MOHANTY .....Petitioner Through: Dr. S.S. Hooda & Mr. Ayushman Aeron, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Jagdish Chandra, CGSC with Mr. Shubham Kumar Mishra, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J (ORAL) 1. This petition has been filed by the petitioner, challenging inter alia the Order dated 12.06.2020 (wrongly typed as 12.07.2020 in the prayer clause of the Writ Petition), rejecting the representation of the petitioner for grant of the Non-Functional Selection Grade (‘NFSG’) to the petitioner. The petitioner further claims grant of the NFSG benefit with effect from 06.06.2000. 2. It is not disputed that the petitioner was considered for grant of the NFSG by the Internal Screening Committee held on 25.09.2019 for the year 2000 (crucial date 01.01.2001), taking into account his last five Annual Confidential Reports (‘ACR’). As the ACR for the year 1998-1999 contained a below-benchmark grading, that is, ‘Average’, and did not meet the prescribed benchmark for the grant of Signature Not Verified Digitally Signed W.P.(C) 8640/2020 Page 1 of 11 By:NEELAM Signing Date:03.03.2025 18:03:12 the NFSG, therefore, the Committee graded the petitioner as ‘Unfit’ in light of the Office Memorandum (‘OM’) dated 09.10.1989. 3. The subsequent representation of the petitioner was also rejected by the respondents vide Impugned Order dated 12.06.2020, compelling the petitioner to approach this Court. 4. The learned counsel for the petitioner submits that as far as the ACR for the year 1998-1999 is concerned, apart from the grading of ‘Average’, the pen picture of the Accepting Authority also endorsed an