Delhi High Court
Praveen Kumar vs Delhi Metro Rail Corporation Ltd & ... on 14 February, 2022
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 14.02.2022
+ W.P.(C) 2759/2022
PRAVEEN KUMAR ..... Petitioner
Through Mr Sachin Chauhan, Adv.
versus
DELHI METRO RAIL CORPORATION LTD. & ORS.
..... Respondents
Through Mr V.S.R. Krishna, Adv.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
[Court hearing convened via video-conferencing on account of COVID-19]
RAJIV SHAKDHER, J. (ORAL):-
CM APPL.7922/2022
1. Allowed, subject to just exceptions.
W.P.(C) 2759/2022 & CM APPL.7934/2022[Application filed on behalf of
the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr V.S.R. Krishna accepts notice on behalf of the respondents, in
effect, Delhi Metro Rail Corporation Ltd. (DMRC).
3. With the consent of the counsel for the parties, the writ petition is
taken up for final hearing and disposal, at this stage itself.
4. This writ petition is directed against the order dated 07.02.2022,
passed by the Central Administrative Tribunal [in short "the Tribunal"] in
O.A. No.286/2022.
4.1. The relief that the petitioner had sought before the Tribunal has been
extracted in the impugned order. For the sake of convenience, the same is
extracted hereafter:
"8.1. to direct the respondents to allow the applicant to
participate in selection for grant of next higher grade of DGM
in grade of Rs. 70,000/- -RS. 2,00,000/- (IDA) (1 DPC-2022)
initiated vide office order No. PT/2943/2022 dated 24.1.22 and
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
18:56:28
if applicant scored qualifying marks in written exam. (schedule
on 17.2.2022) then applicant be empanelled, in order of
seniority for consideration for grant of next higher grade of
DGM in grade of Rs. 70,000/- - Rs. 2,00,000/- (IDA) (1st DPC-
2022) and further be subjected to interview and if found fit then
to grant next higher grade of DGM with all consequential
benefit including seniority & promotion and pay & allowance."
4.2. The grievance of the petitioner, in short, is that, since his Annual
Performance Assessment Reports [in short "APARs"] for 2017-18 and 2018-
19 have been downgraded, he is short of four (04) points from reaching the
minimum qualifying APAR points, and, therefore, was not able to take part
in the selection process conducted by the DMRC for the next higher level
post i.e., Deputy General Manager [in short "DGM"].
5. It is not in dispute that the petitioner requires minimum thirty six (36)
APAR points albeit spread over four years, to attain eligibility to sit for the
examination for the post of DGM.
5.1. It is also not in dispute, as noticed above, that between 2017-18 and
2020-21, the petitioner has accumulated 32 APAR points. The details with
respect to the APAR points and grades awarded to the petitioner over this
period have been set forth in a table in paragraph 6 of the impugned order.
For the sake of convenience, the same is extracted hereafter:
S.No. Year Grading Equivalent to points
3. 2019-20 Outstanding 10
4. 2020-21 Outstanding 10
5.2. A perusal of the table would show that while in 2019-20 and 2020-21,
the petitioner has been graded "Outstanding", his grading was brought down
to "Good" in 2017-18 and 2018-19.
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
18:56:28
6. The record shows [something which is also not contested] that, before
institution of the aforementioned O.A., the petitioner had approached the
Tribunal by way of O.A. No. 2495/2021 & O.A. No. 2540/2021.
6.1. We may note that, while O.A. No.2495/2021 concerned the issues
revolving around 2017-18 APAR, O.A. No.2540/2021 was concerned with
the petitioner's APAR for 2018-19.
6.2. Both OAs were, however, disposed of by two separate orders of even
date i.e., 15.11.2021.
6.3. In sum, the Tribunal, via the aforesaid orders, directed the petitioner to
place a comprehensive representation before the DMRC for upgradation of
his APARs, with an added direction to DMRC to dispose of the same via a
speaking order.
7. Mr Sachin Chauhan, who appears on behalf of the petitioner, says that
although representations have been made to the DMRC, pursuant to the
directions of the Tribunal, the same have not been disposed of as yet.
7.1. We are informed that the examination for the DGM level is scheduled
to be held on 17.02.2022.
7.2. We are also told that there is only one post available at the DGM
level, for which the feeder post is Manager (Operation).
7.3. Concededly, the petitioner is currently holding the post of Manager
(Operations) in DMRC.
8. Mr Krishna says that he has been instructed to convey to the court that
the petitioner's representation concerning the APAR for 2017-18, has been
rejected and that there is no alternation in the grading.
8.1. Insofar as the petitioner's representation concerning APAR for 2018-
19 is concerned, Mr Krishna says that endeavour will be made to dispose of
the same within the next two days.
9. Given the submission advanced by Mr Krishna, the writ petition is
disposed of with the following directions:
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
18:56:28
(i) The order passed vis-à-vis the petitioner's representation concerning
his APAR for 2017-18, will be communicated to the petitioner and/or his
counsel-on-record, in the course of the day.
(ii) Every endeavour will be made to dispose of the petitioner's
representation made qua 2018-19 APAR , on or before 16.02.2022.
(iii) In case the petitioner's representation concerning 2018-19 APAR is
not disposed of, for whatever reason, by 16.02.2022, the petitioner will be
allowed to sit, albeit provisionally, for the DGM examination, which is
scheduled to be held on 17.02.2022.
(iv) The petitioner's result qua the said examination will await the
disposal of the representation by the DMRC.
(v) It is made clear that the fact that the petitioner has been allowed to sit,
albeit provisionally in the DGM examination [in terms of the directions
contained in sub-para (ii) and (iii) above], will not entitle him to claim any
equities.
(vi) Needless to add, the order passed visa-vis the petitioner's
representation concerning his APAR for 2018-19, will be communicated to
the petitioner and/or his counsel-on-record, with promptitude.
9.1. Consequently, pending application shall stand closed.
10. Parties will act based on the digitally signed copy of this order.
RAJIV SHAKDHER, J
TALWANT SINGH, J
FEBRUARY 14, 2022/pmc
Click here to check corrigendum, if any
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
18:56:28
