NARENDER KUMAR vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28.02.2025 + W.P.(C) 2293/2019 NARENDER KUMAR .....Petitioner Through: Mr.Ankur Chhibber, Mr.Nikunj Arora,Mr.Anshuman Mehrotra, Mr.Prahil Sharma, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr.K.C. Dubey, Mr.Mahender Kr. Bhardwaj, Advs. 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 the Order dated 20.10.2018 whereby the respondents did not recommend the petitioner for grant of the 2nd MACP. The petitioner further challenges the Order dated 30.01.2019 issued by the respondents in reply to the legal notice sent by the petitioner and informing the petitioner that he is ineligible for the grant of the 2nd MACP as his Annual Performance Appraisal Report (in short, ‘APAR’) grading for the year 2017 is ‘Good’ which is below the benchmark and he did not meet the benchmark grading in 3 out of his 5 APARs as on the date of his consideration for grant of the MACP. 2. The table showing the APAR grading of the petitioner has been Signature Not Verified Digitally Signed WP(C) 2293/2019 Page 1 of 7 By:SUNIL Signing Date:04.03.2025 16:50:32 mentioned in the Impugned Office Order dated 30.01.2019 itself, and is reproduced herein below: ACR/APAR Grading of 2013: Good last 05 years 2014: Good 2015: Good 2016: V/Good 2017: Good 3. The Impugned Order dated 30.01.2019 also records the recommendation of the Screening Committee ‘vis-à-vis’ the petitioner as under: Recommendation of Not Recommended due to screening committee below bench mark grading as required in 03 APAR 4. It is not denied that in terms of the Office Memorandum dated 19.05.2009 issued by the Ministry of Personnel, Public Grievance