MAHESH KUMAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-9-23
HIGH COURT OF UTTARAKHAND
Decided on September 11,2013

MAHESH KUMAR Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) NO counter affidavit has been filed. The benefit of Career Advancement Scheme dated 6th December, 2001 has been denied to the petitioner in view of adverse remarks given in his A.C.R. for the years 2006 -2007, 2007 -2008 and 2008 -2009. Those adverse remarks have been endorsed on 25th July, 2011 in the broadsheet in order to deny the petitioner of his entitlement under the said Scheme. That has compelled the petitioner to approach this Court. These adverse entries have been recorded by the In -charge Principal, who happens to be the senior most Lecturer, holding the same post as that of the petitioner. In response to the query made by the wife of the petitioner, in exercise of her right under the Right to Information Act, she has been informed that formally the A.C.R. entries pertaining to the year 2006 -2007 and 2008 -2009 have not been communicated to the petitioner. However, petitioner has been able to obtain the same and has annexed copies thereof to the writ petition. It has not been shown that a person holding officiating charge of a superior post, but substantially holding equivalent post, can make A.C.R. entries of an officer holding equivalent post. So far as the A.C.R. entry for the year 2007 -2008 is concerned, a representation was made by the petitioner as far back as in December 2008, which remained in the cold storage. In view of the law made by the State Government for non -disposal of the said representation, the said entry for the year 2007 -2008 cannot be taken into account. For the reason that the entries for the year 2006 -2007 and 2008 -2009 were made by a person holding equal rank and post but discharging duties of a higher post and it having not been brought on record that such person is entitled to record A.C.R. entries of people holding similar post, no reliance also can be placed on the A.C.R. entries for the year 2006 -2007 and 2008 -2009. We, accordingly, direct the respondents to consider grant of benefit of the Career Advancement Scheme dated 6th December, 2001 to the petitioner from the due date.
(2.) THIS disposes of the writ petition.;


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