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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, RAVI CHIRANIA
S. S. Sharma Son Of Late Shri Jai Ram Sharma – Appellant
Versus
Union Of India, Through The Commissioner, Kendriya Vidyalaya Sangathan – Respondent
JUDGMENT :
Ravi Chirania, J.
1. The petitioner filed the present writ petition before this Court challenging the order impugned dated 14.02.2019 passed by learned Central Administrative Tribunal, Bench Jaipur (hereinafter referred to as ‘learned Tribunal’ for short) in O.A. No.826/2012 filed by the petitioner wherein he challenged the action of the respondent in rejecting his representation submitted in respect of downgrading his ACRs in the last five years, which were not communicated to him and on account of which he was denied promotion from the post of Vice-Principal to Principal in the re- spondent-organisation.
2. The brief facts as submitted by learned counsel for the peti- tioner are that the petitioner was appointed in the respondent-or- ganisation i.e. Kendriya Vidyalaya Sangathan (hereinafter re- ferred to as ‘KVS’ for short) on the post of Trained Graduate Teacher (TGT) in Jammu and Kashmir on 31.07.1978. Thereafter, he was promoted to the post of Post-Graduate Teacher (PGT) on 30.09.1984 and thereafter promoted to the post of Vice-Principal on 16.09.2005.
3. Learned counsel for the petitioner, Mr. Mukesh Kumar Agar- wal submitted that the next promotion was for the post of
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
Uncommunicated 'average' ACRs cannot adversely impact promotion under merit-cum-seniority; must be communicated for representation, else ignored as violative of Article 14 and natural justice princip....
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.
Point of Law : Communication of entries in the ACRs and giving opportunity to represent against them is particularly important in higher posts which are in a pyramidical structure where often the pri....
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
Non-communication of below benchmark grading in ACR/APAR is arbitrary and violative of Article 14 of the Constitution of India. The rejection of representation against below benchmark grading must be....
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