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MOHAMMAD YAQOOB MIR
Rajib Kumar Sarkar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Petitioner by medium of this petition prays for quashing the letter No.I.17033/13/ACR-Sec/2015/290 dated 11.12.2015 issued from Mahanideshalaya Assam Rifles Directorate General Assam Rifles, Shillong-793011 with a further prayer to direct the respondents to consider him for promotion to the post of Subedar (Cipher).
2. Admitted position as emerged from the records is that the petitioner was appointed as Rfn/ORL on 12.05.1989, was remustered as Havildar (Cipher) w.e.f. 24.11.1994 consequently, promoted to the rank of Naib Subedar w.e.f. 01.01.2008.
3. Petitioner as Naib Subedar (Cipher) had completed five years of service on 31.12.2012 which is a requisite period for being eligible for promotion to the rank of Subedar. Annual Confidential Report (ACR) criteria prior to 2012 was that Naib Subedar for five years must have ratings of ACR as under:-
“Three out of last 5 reports should not be below “HIGH AVERAGE”.
Remaining two reports should not be below “AVERAGE”.”
4. Admittedly ACR rating of the petitioner is as under :-
| “(i) | 2008 | High Average |
| (ii) | 2009 | H |
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