Union Of India And 2 Others, v. M.Balbheem Naik, And 16 Others,

THE HONOURABLE SRI JUSTICE SURESH KUMAR KAIT AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.Nos.427, 1827, 1995, 1996, 2032, 2767, 2795, 7749 and 7908 of 2017 COMMON ORDER: (Per the Hon'ble Sri Justice Suresh Kumar Kait) Since common issue is involved in all these writ petitions, this Court decided to dispose of the same by this common order. 2.

Vide these writ petitions, the petitioners have challenged the orders passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in different O.As.

3.

Learned Assistant Solicitor General appearing on behalf of petitioners submits that by the orders impugned, the Tribunal directed the petitioners to assess the respondents/applicants based on their performance in the training i.e., Quarterly Assessment Reports (QARs) alone and consequently allot the concerned Grade i.e., Tradesman 'C' or 'D' to the applicants with or without additional increments as per the circulars with all consequential benefits. He further submits that as the petitioners do not have QAR of all the respondents, it is not possible for them to comply with the direction issued by the Tribunal.

4.

It is not in dispute that on earlier occasion, as evident from the proceedings dated 12.03.2013 at page 96 of material papers, the assessment was made by the petitioners based on the marks

SKK, J & AKS, J W.P.Nos.427 of 2017 and batch obtained during selection for Stipendiary Trainee Cat.II (JOT) and also assessment of QARs.

5.

Therefore, with the consent of the counsel for the respondents, we hereby modify the orders passed by the Tribunal by directing the petitioners to comply the direction of the Tribunal in favour of the respondents, whose QAR is available with them, and in case, QAR of any of the respondents is not available, the assessment will be made based upon their Annual Confidential Reports (ACRs).

6.

With the above direction, all these writ petitions are disposed of. No order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

_____________________ SURESH KUMAR KAIT, J __________________________ ABHINAND KUMAR SHAVILI, J 7th February, 2018 sj