Dr. Vijay Kumar Singh vs State of U.P. and another

Rajiv Sharma and Dr. Satish Chandra, JJ.—Heard learned Counsel for the parties. Learned Counsel for the petitioner submits that on account of non-availability of ACRs, the case of petitioner for promotion has not been considered. In support of his submissions, he has relied upon the judgment of this Court passed in Brij Pal v. State of U.P. and others. 2003 (21) LCD 282

Though several opportunities have been granted to the Standing Counsel for filing counter-affidavit, till date the same has not been filed. However, learned Standing Counsel does not dispute the aforesaid citation.

Considered the submissions made by the parties'' Counsel and perused the record.

This Court, vide order dated 20.10.2008, directed the respondents to ensure that in case the petitioner''s ACRs are not available, the same shall be reconstituted expeditiously and preferably within a period of two months from the date of receipt of a certified copy of the order in accordance with law.

The petitioner was appointed on the post of Medical Officer on 12.11.1987 by the U.P. Public Services Commission and he was posted at Pratapgarh. After completion of five years, the petitioner was awarded selection grade. Though the petitioner''s name finds place in the seniority list, yet his case has not been considered due to non-availability of ACRs for the years 1995 to 2001 and 2004-05.

In the case of Brij Pal v. State of U.P. and others (supra), it has been held that the reasons given for deferring the consideration of promotion of the petitioner for no fault of his are not valid and reasonable and directed for consideration of petitioner''s case for promotion by holding a review Departmental Promotion Committee on the criteria specified, from the date when his next junior was promoted and given the higher pay scale.

Considering the peculiar facts and circumstances of the case, particularly the judgment rendered in Brij Pal v. State of U.P. and others (supra), it is directed that the case of the petitioner shall be considered on merits, in accordance with law, from the date when his next junior was promoted and given the higher pay scale. The writ petition stands disposed of finally in above terms.