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JYOTSNA REWAL DUA
Harmohini – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, Judge
The case
Scenario in the instant petition is that annual confidential reports (ACRs) of the petitioner for the years 2006 to 2012 were written enblock by a person, who became petitioner’s reporting authority only in the year 2011. On the basis of adverse entries in the ACRs of the petitioner for these years, she was declined the benefit of Assured Career Progression Scheme (ACP Scheme) commonly known as 04-09-14 Scheme. Petitioner has instituted this petition stacking claim to the benefits under ACP Scheme.
2. The petitioner was appointed initially as Drawing Master on contract basis in the year 1997. Her services were regularized w.e.f. 15.01.2003. On attaining the age of superannuation, she retired from service on 30.07.2013.
The petitioner had opted for the benefit of ACP Scheme (04-09-14). The Deputy Director of Elementary Education, Kangra, after scrutiny sent her case back to the Principal of the concerned school i.e. GSSS Baroh, District Kangra, H.P. on 30.12.2015 with remarks that petitioner did not have good ACRs for the years 2006- 2011.
Clause 19.15.5 of Chapter 19 of Handbook on Personnel matters Volume-II states that authority who had not seen work of subordinate for at least three months in concerned year should not write his ACR....
Every entry in an employee's ACR, including adverse remarks, must be communicated to the employee within a reasonable period, ensuring the right to contest such entries, as established by the Assam S....
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....
The court holds that downgrading public servants' ACRs requires substantial reasoning and fairness; previous good performance must not be overshadowed by isolated adverse remarks without justificatio....
Non-communication of entries in Annual Confidential Report to a public servant has civil consequences affecting his chances of promotion and getting other benefits. Non-communication of adverse ACRs ....
The mandatory review of ACRs by the Managing Committee, the right of the employee to file an appeal against adverse entries, and the court's power under Article 226 of the Constitution of India to is....
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