Harishankar Jaiswal vs State of M.P. And others.

Petitioner has filed the present writ petition before this Court making a prayer for quashing of order dated 05/06/2009, contained in the Annexure P-6, by which his prayer for grant of notional promotion from the date prior to promotion of his juniors to the post of Assistant Director was rejected.

The case of petitioner in short is that he was promoted to the post of Senior Agriculture Development Officer on 01/04/1970. Some of the juniors of petitioner superseded him on the post of Assistant Director. Some of the employees filed O.A. No. 3684/1992. Original application filed before State Administrative Tribunal was allowed vide order dated 13/5/1998. Respondents were directed to conduct review DPC for the petitioners. Review DPC was convened on 17/09/1999 and considering the cases of petitioners in writ petition therein they were promoted to the post of Joint Director. Some of them, who were considered for promotion, were junior to petitioner. The case of petitioner was not considered for grant of promotion, therefore, petitioner filed original application before State Administrative Tribunal. Original application filed by petitioner was later transferred to High Court and was registered as WP No. 14482/2003. Petition filed by the petitioner was allowed and respondents were directed to consider the case of petitioner in light of order dated 13/05/1998 passed in O.A. No. 3684/1992. Since no action was taken, therefore, petitioner filed contempt petition before this Court. Contempt petition filed by the petitioner was dismissed in light of order dated 05/06/2009 passed by authorities rejecting the case of petitioner. In the said order, it was held that petitioner was not found fit for promotion in DPC convened in year 1971 and 1973 and he was not in zone of consideration in 1976 therefore, his case was rejected. Petitioner has challenged the order dated 5/06/2009 before this Court for its quashing and also made a prayer for grant of notional promotion from year 1971, prior to date of promotion of his juniors.

The contention of the petitioner in this petition is that there are some adverse ACRs of him, due to which, he was not promoted. Said ACRs cannot be taken into consideration by DPC as adverse ACRs were not communicated to him. It was also argued that some of the juniors who were having adverse ACRs were also promoted.

Respondents had filed the reply and it was stated by them that case of petitioner was considered in the year 1971 and thereafter in the year 1973 and in those years the record of petitioner was unsatisfactory, therefore, petitioner was not promoted. In year 1976, petitioner was not in zone of consideration and, therefore, his case was finally dismissed vide order dated 05/06/2009. Respondents have filed document Annexure R-2. In para 5 of this document, it is mentioned that petitioner got C grade in 1970-71, D grade in year 1971-72, C grade in year 1972-73, B grade in year 1973-74, and +A grade in year 1974-75. Due to such ACRs, petitioner was found unfit for grant of promotion. Petitioner was communicated adverse ACRs of year 1971-72 and year 1972-73, which is mentioned in the document. In view of the aforesaid facts, it cannot be said that petitioner was not communicated adverse ACRs and, therefore, same could not be relied upon by DPC for denying him promotion. DPC made promotions to the post of Assistant Director of Agriculture on basis of service record of petitioner. Since the record of service of petitioner was not good and he was granted C grade in year 1970-71, D grade in year 1971-72, and C grade in year 1972-73 and B grade in year 1973-74, therefore, he was found not to be fit. Adverse ACRs were communicated to the petitioner and, therefore, there is no error in passing order dated 05/06/2009.

In view of aforesaid discussion rate petition filed by the petitioner is dismissed.