The non-communication of performance assessment entries to an employee is arbitrary and violates the right to equality. Consequently, uncommunicated entries cannot be lawfully utilized to deny promotion or career progression, and such entries must be ignored or expunged to ensure fair consideration for administrative benefits.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Mrs. A. Gayan, learned Central Government Counsel for the respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to consider his case for promotion to the rank of Naib Subedar/GD (General Duty) as per his seniority, i.e. with effect from the date when his junior was promoted, by expunging/ignoring any uncommunicated adverse entry in his Annual Confidential Reports (ACRs) and to grant all consequential service benefits.

3. The case of the petitioner, in brief, is that he was enrolled in the Assam Rifles on 26.06.1992 as a Rifleman/GD and was posted to the 1st Assam Rifles in the year 1993. He was promoted to the rank of Havildar/GD in the year 2005 and subsequently to the rank of Warrant Officer/GD in the year 2014.

4. It is the contention of the petitioner that after promotion to Warrant Officer/GD, his next higher promotional rank is Naib Subedar/GD. The petitioner has completed the qualitative requirements for promotion and being the senior- most Warrant Officer in his category, was due to be considered for promotion in the year 2024. Despite his eligibility, the petitioner has been deprived of promotion, while the said benefit has been granted to his juniors. Aggrieved by the said action, the petitioner approached the respondent authorities for the grant of promotion as per his seniority or to communicate the reason for non- consideration of his promotion. Despite requesting the respondents to communicate the reason, same was ignored. Thereafter, the petitioner served a legal notice dated 16.09.2024.

5. It is contended that the respondent authorities, vide letter dated 17.10.2024, informed the petitioner that his case had been considered by the Departmental Promotion Committee (DPC) held in the year 2024, wherein, his last five Annual Confidential Reports/Annual Performance Assessment Reports (ACRs/APARs) for 2019 to 2023 were examined and he was graded “Average” (02 points) in 2019, below the prescribed benchmark of “High Average/Above Average” (03/04 points), which is required for promotion. Consequently, the name of the petitioner was not recommended for promotion to Naib Subedar/GD, being ineligible under the ACR criteria.

6. It is contended that that no adverse entry in his ACRs/APARs had ever been communicated to the petitioner and he was unaware of the same until receipt of the reply dated 17.10.2024. It is settled position of law that every ACR/APAR must be communicated to the concerned employee and consideration of any uncommunicated ACR is impermissible. Since the petitioner’s ACR was not communicated to him, it could not lawfully be taken into account for denying his promotion to the rank of Subedar/GD with effect from the year 2024.

7. Mr. B. Pathak, learned counsel for the petitioner, submits that the petitioner has rendered more than 33 years of unblemished service to the organization and is now at the fag end of his service career. Except for the alleged grading in the ACR, which was allgedly below the prescribed benchmark required for promotion, the petitioner fulfills all the promotional qualitative requirements. The entries/remarks in the petitioner’s ACR have never been communicated to him, thereby depriving