Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Chhotelal Prajapati – Appellant
Versus
Higher Education Department – Respondent
| Table of Content |
|---|
| 1. challenging denial of pay scales due to uncommunicated acrs. (Para 1) |
| 2. failure to communicate average acrs affects entitlements. (Para 2 , 3 , 4) |
| 3. previous judgments support disregarding uncommunicated acrs. (Para 5 , 6 , 7) |
| 4. court affirms communication of acrs for transparency. (Para 8 , 9) |
ORDER :
The petitioner is aggrieved by the order Annexure P-7 dated 30.09.2015, whereby the case of the petitioner for preponement of senior and Selection Grade Pay Scales and Fourth Pay Band has been rejected on the ground that the ACRs of the petitioner for the year ending 1990 and 1992 are not available and the ACRs of the years 1996, 1998, 1999 and 2003 are "Average" and therefore, the dates of entitlement to which the petitioner was earlier found eligible by the State Government is to be maintained and the entitlement of Senior Scale w.e.f. 01.04.2002, Selection Grade w.e.f. 01.04.2007 and Fourth Pay Band w.e.f. 01.04.2010 has to be maintained as it is.
2. Learned Senior Counsel for the petitioner has raised a singular ground that the ACRs of the years 1996, 1998, 1999 and 2003, which are "Average" were never communicated to the petitioner and therefore, they could not
Uncommunicated Average ACRs cannot be used to deny benefits; all entries in ACR must be communicated to uphold principles of fairness and transparency.
Non-communication of adverse ACRs violates Article 14, impacting the entitlement to benefits and promotions.
The court upheld that all ACR entries must be communicated within a reasonable time, ruling that uncommunicated remarks cannot affect entitlements under service rules.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
