The appellant joined the Punjab Home Guards Department as District Commander in the year 1993 after being selected through Punjab Public Service Commission under the Punjab Home Guard Class-II Rules, 1988. The work of the appellant was appreciated by the ADGP, Railways when a big tragedy on the railway tracks was averted as a result of his efforts. His work and conduct was considered as excellent. The dispute in the instant case arose when he received a letter dated 28.06.2000, wherein the Annual Confidential Report (ACR) for the period 1.07.1999 to 31.03.2000 rated his performance as ‘average’.
we direct the respondent Nos. 1 to 5 to reconsider the claim of the appellant in the light of our findings and reasons recorded on the contentious factual and legal aspects so that he could get higher post of Battalion Commander notionally to get pensionary benefits as he has been prematurely retired from service on 31.7.2007; and The said direction shall be complied with within 8 weeks from the date of the receipt of the copy of this order and extend all the consequential benefits for the purpose of fixing his pensionary benefits and other monetary benefits for which he is legally entitled to and submit the compliance report to this Court. The appeal is allowed in the above said terms with cost of Rs.10,000/- payable to the appellant by respondent Nos. 1 to 4.