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GANNAMANENI RAMAKRISHNA PRASAD
T. V. Satyanarayana – Appellant
Versus
Executive Officer – Respondent
ORDER :
Gannamaneni Ramakrishna Prasad, J.
Heard Sri K. Lakshmana Raju, learned Counsel for the Writ Petitioner in all four Writ Petitions; Smt. M. Anusha, learned Counsel for Respondent Nos.4 & 5 in W.P.No.25140 of 2020 and on behalf of Sri Challa Venkat, learned Counsel for Respondent No.4 in W.P.No.11122 of 2021 and Respondent No.3 in W.P.No.31294 of 2022; Smt. P. Rajani Reddy, learned Government Pleader for Endowments in W.P.Nos.11122 of 2021 and 31294 of 2022 and Sri V.R.N. Prasanth, learned Standing Counsel for T.T.D.
2. All these Writ Petitions (W.P.Nos.25140 of 2020, 9703 and 11122 of 2021 & 31294 of 2022) are taken-up together, as they arise from out of common issues relating to the same parties. The prayer in W.P.No.25140 of 2020 raises the core issue and the decision rendered in the said Writ Petition would have bearing on the outcome in the other three Writ Petitions as well.
3. The prayer sought in the W.P.No.25140 of 2020 is as under.
Promotions must adhere to principles of natural justice, including the communication of adverse remarks, and seniority should be respected unless merit and ability are clearly superior.
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
Uncommunicated ACR gradings below promotion benchmark ('good' vs 'very good') cannot be considered and must be deemed as meeting benchmark; renders decisions arbitrary violating Art.14 and natural ju....
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
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