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2023 Supreme(Del) 2612

MINI PUSHKARNA
S. S. Yadav – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates appeared:
Ms. Bani Dikshit and Mr. Ishaan Karki, Advocates, for the Petitioner..
Mr. Rahul Ranjan Verma, Advocate with Mr. Praveen Kumar, Deputy Manager, for the Respondent.

JUDGMENT

Mini Pushkarna, J.

1. Petitioner is aggrieved by his non-promotion to Scale III cadre of respondent in the Supplementary Promotion Exercise of the year 2008-09 and Promotion Exercise (PE) of the year 2009-2010, which as per petitioner was on account of adverse remarks in his Annual Confidential Reports (ACRs), which were not communicated to him. The present petition having been filed in the year 2009, in the interregnum petitioner was promoted and is currently working in Scale V. However, it is the case of petitioner that due to non-grant of promotion to petitioner in the PE of the year 2008-09 and 2009-10, petitioner has consistently served at a lower cadre than other officers who were previously junior to him in the zone of consideration in the PE of the year 2008-09. Thus, petitioner is seeking promotion to Scale VI in parity with his juniors who were promoted in the promotion exercise of the year 2008-09 and 2009-10. Petitioner is further seeking for directions to respondent for consideration of his case for promotion to Scale VII cadre.

2. Petitioner joined the service of respondent in the year 1991 at senior level officer grade on Scale I after passing the entrance

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