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NARENDRA KUMAR VYAS
Veena Tripathi W/o Dr. Rajendra Prasad Tripathi – Appellant
Versus
State of Chhattisgarh Through Secretary, Department Of Higher Education – Respondent
ORDER :
1. The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India, assailing the order dated 02-01-2016 (Anexure P/1) passed by the respondent No.1 by which the petitioner’s application for up-gradation of ACR has been rejected, also prayed for expunge of adverse remarks recorded in the ACR on 10.04.2008 (Annexure P/4) and the petitioner be kindly granted selection grade pay scale with effect from 27.07.1998. The petitioner has also prayed for issuance of direction to the respondent to consider her case for promotion on the post of Professor with all consequential benefits.
2. Brief facts as reflected from the record are that the petitioner was initially appointed as Assistant Professor (Chemistry) on 17-3-1987 for probation period of two years. The petitioner’s service conditions were governed by MP Educational Services (Collegiate Branch) Recruitment Rules 1967 (for short, “the Rules 1967”) subsequently these rules were deleted and new rules were framed by the erstwhile State of Madhya Pradesh as MP Educational Services (Collegiate Branch) Recruitment Rules 1990 (for short, “the Rules 1990”). The Rule 16 of the Rules, 1990 provides app
Non-communication of adverse ACR within the stipulated time period can adversely affect a government servant's career and should not form the basis for denying benefits, as established by legal princ....
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
Uncommunicated ACR entries violate the right to fair representation under Article 14 of the Constitution, necessitating communication of all gradings to public servants for promotion processes.
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