Emmanuel Godfrey Anton Vs. Administrative Appeals Tribunal and others – CA WRIT 857/08-2012

In Emmanuel Godfrey Anton v. Administrative Appeals Tribunal and Others, the issue concerned the calculation of promotion marks for a Customs Department officer who had taken no-pay leave and whether such leave should affect his seniority-based promotion marks. The holding determined that deduction of the no-pay leave from the service period when awarding promotion marks was not justified under the Establishments Code, as the petitioner had already qualified for promotion before taking leave and increments were regularly paid, signifying uninterrupted service. It was established that awarding 78 out of 80 marks for 15 years and 6 months was arbitrary and unsupported by the scheme of recruitment, which made no distinction between “service” and “active service.” The writ of certiorari was is