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IN THE HIGH COURT OF ALLAHABAD
SALIL KUMAR RAI, J.
Karan Singh – Petitioner
Versus
State of U.P. and Others – Respondents
Writ (A) No. 10955 of 2023
Decided On : 13-07-2023
Denied promotion - A.C.P. benefits - 24 years of service - Grievance of petitioner is that he has been wrongly denied promotion and A.C.P. benefits admissible to him after completing 24 years of service – Held, Petitioner has already submitted a representation before Additional Chief Secretary, Medical, Health and Family Welfare for notional promotion from date his juniors were promoted and A.C.P. benefits admissible to him after completing 24 years of service - It would serve no useful purpose to keep petition pending - Petitioner may make a fresh representation before Additional Chief Secretary, Medical, Health and Family Welfare bringing all necessary facts to his notice who on receipt of said representation shall decide same within a period of four months - Writ petition is disposed of.
ORDER :
1. Heard the counsel for the petitioner.
2. The grievance of the petitioner in the present petition is that he has been wrongly denied promotion and A.C.P. benefits admissible to him after completing 24 years of service.
3. The petitioner was employed as Medical Officer by the State Government on the recommendation of the Uttar Pradesh Public Service Commission, Allahabad and retired from service on 31.5.2020 as Joint Director, Medical, Health and Family Welfare, Kanpur Mandal, Kanpur.
4. It has been stated in the petition and the documents annexed with the same that the matter relating to the promotion of the petitioner is still kept in seal cover even though the petitioner has retired from service. It has been further stated in the petition that the departmental proceedings instituted against the petitioner have also been concluded and the petitioner has been given minor punishments in the same.
5. It has been stated that the petitioner has already submitted a representation dated 3.12.2020 before the Additional Chief Secretary, Medical, Health and Family Welfare, Uttar Pradesh, Lucknow for notional promotion from the date his juniors were promoted and the A.C.P. benefits admissible to him after completing 24 years of service.
6. It would serve no useful purpose to keep the petition pending.
7. The petitioner may make a fresh representation before the Additional Chief Secretary, Medical, Health and Family Welfare, Uttar Pradesh, Lucknow bringing all the necessary facts to his notice who on receipt of the said representation shall decide the same within a period of four months.
8. With the aforesaid direction, the writ petition is disposed of.
Entitlement to benefits contingent upon submission of original service book within stipulated time.
The communication of ACR remarks and the impact of not being recommended for promotion can affect the right to make representations and the consideration for retention in service.
Failure to communicate adverse remarks in the ACR to the employee prejudices the employee's right to make a representation, and the employer must act in accordance with the relevant legal principles ....
The central legal point established in the judgment is the requirement to communicate all remarks in the ACR to the concerned employee and the entitlement to make representations against adverse ACR ....
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