ORDER :

1. The petitioner who was working as Joint Director in the Public Relations Department, Government of Chhattisgarh, Raipur has preferred this writ petition with prayer for quashing of note-sheet dated 07.11.2013 (Annexure P/13) by which the petitioner's representation for upgradation of ACR has been rejected, the petitioner has also challenged the action of the respondents in downgrading of the Annual Confidential Report (ACR in short) for the year 2007-08 and 2008-09, due to which he has been deprived of promotion on the post of Joint Director and has been superseded by his junior on 07.12.2010. He is also assailing the order dated 31.012.2017 by which respondent No. 4 (Umesh Mishra) who is junior to him has been promoted to the post of Additional Director from the post of Joint Director and the order dated 06.04.2018 by which his case seeking review DPC has been rejected.

2. Brief facts as reflected from the records are that the petitioner joined as Assistant Director in the year 1994 through Public Service Commission. After reorganization of State of Madhya Pradesh as State of Madhya Pradesh and Chhattisgarh in the year 2000, he was allocated to State of Chhattisgarh. Petitioner was promoted as Dy. Director on 14.10.2003 whereas Respondent No. 4 was promoted to the post of Dy. Director on 20.10.2006 as such he was junior to him.

3. The petitioner was graded ‘Excellent’ in ACR from 2003 to 2007 and from 2009 to 2012. But he was graded 'Very Good' in ACR for the years 2007 to 2009 and again in the year 2013-14 he got 'Very Good' which was upgraded to Excellent.

4. The respondents conducted DPC for promotion on the post of Joint Director in the month of October, 2010 for 6 posts wherein 3 posts were for General Category, 1 post for Scheduled Caste Category and 2 posts for Scheduled Tribe Category. The petitioner was senior in the cadre of Dy. Director but vide impugned order dated 07.12.2010 he was superseded by respondent No. 4 and he was promoted to the post of Joint Director. Subsequently, after creation of 2 extra posts of Joint Director, the petitioner was promoted to the post of Joint Director on 01.03.2011. The petitioner preferred an application for providing ACR of 2007-08 and 2008-09 which was provided on 03.03.2012, which shows that the reporting authority had awarded Grade A for the year 2007-08 the same was accepted by the Assessing Officer, however, in the ACR for the year 2008- 09, Reporting Officer awarded A+ grade, the same was downgraded to 'A' by the Assessing Officer without assigning any reason. Moreover, ACR of respondent No. 4 was upgraded from A to A+ quoting good relations with National Media. The petitioner preferred representation on 04.07.2012, however, no decision was taken by respondent No. 1 and after one year, a letter dated 05.08.2013 by which it was communicated to him that the representation shall be decided by the Public Service Commission (PSC). Accordingly, he again filed a representation on 28.10.2013. The record of the case would show that ACR for the year 2013-14 was downgraded from A+ to A without assigning any reason. Therefore, he again submitted a representation on 11.08.2015. Thereafter on 12.04.2016 he sent representation for reconsideration of the adverse ACRs for the year 2007-08 and 2008-09. Pursuant to representation dated 11.08.2015, his remarks in the ACR for the year 2013-14 were upgraded and maintained as A+. His representation for reconsideration of ACRs for the year 2007-08 and 2008-09 is still pending.

5. Learned counsel for the petitioner would submit that petitioner has preferred this writ petition on 29.06.2017. During the pendency of the writ petition his ACRs for the year 2007-08 and 2008-09 were upgraded 'Very Good' to 'Excellent'. Since, his ACRs were upgraded, therefore, he moved an application for consideration of his representation dated 06.11.2007 for conducting review DPC. During the pendency of the petition, respondent No. 4 was promoted to the post of A