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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Subhash Vidyarthi, J, SUBHASH VIDYARTHI
Prabhu Nath Yadav – Appellant
Versus
Union Of India Through Secretary Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for efficiency bar crossing based on inadequate assessment. (Para 2 , 3 , 5 , 6) |
| 2. arguments on the basis of past performance ratings and assessment fairness. (Para 7 , 10 , 11 , 12) |
| 3. court views on proper basis for efficiency assessment in public service. (Para 13 , 14 , 15 , 16) |
| 4. decision on the legality of the efficiency bar denial. (Para 17) |
| 5. final ruling to recognize and recalculate dues appropriately. (Para 18) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Manish Misra, the learned counsel for the petitioner and Shri Raj Kumar Singh, learned counsel for Union of India.
2. By means of the present writ petition, the petitioner has sought issuance of a Writ of Certiorari challenging the validity of Efficiency Bar Board proceedings published on 24.06.1993, so far as, the same relate to the petitioner. The petitioner had given representations against the order holding that the petitioner could not cross the efficiency bar and those representations have been rejected by means of orders dated 18.01.2005 & 31.02.2005 and the petitioner has challenged the validity of those orders also. The petitioner has sought issuance of a Writ of Mandamus comman
The denial of crossing the efficiency bar based on irrelevant minor punishments was deemed illegal, violating principles of fair assessment of employment.
An employee with an adverse integrity report cannot cross the efficiency bar for 10 years under governing instructions, and there is no requirement for a personal hearing in such decisions.
Recommendations from the National Commission for Scheduled Castes are not binding on management, and discretion is maintained in granting benefits concerning Efficiency Bar and promotions.
The main legal point established in the judgment is that if there is delay on the part of the authority and for no fault of the petitioner, the opposite parties are liable to pay interest for delayed....
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