Non-receipt of Performance Assessment Report by employer cannot deny eligible employee's promotion consideration post-penalty period.

ORDER

Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents and perused the materials available on record. 2. The petitioner by the present writ petition has assailed the action of the respondents in issuing proceedings dated 04.02.2019 and memo dated 12.02.2020 relating to the preparation of panel for promotion to the post of Assistant Executive Engineer for the panel year 2019-2020 to the extent it had excluded the name of the petitioner for being included therein as eligible for promotion and to quash the same with a consequential direction to the respondents to promote the petitioner as Assistant Executive Engineer on par with her colleagues with all attendant benefits including pay fixation, arrears, seniority and other benefits.

3. The case of the petitioner in brief is that she had joined the services of the respondents as Assistant Engineer in the year 2009 and became eligible to be promoted to the post of Assistant Executive Engineer in the year 2019; that the petitioner was issued with a charge memo in the month of March 2012, to which she had submitted her explanation refuting the allegations; that further action on the aforesaid charge memo was kept pending by the respondents and it is only after a lapse of three years, the respondents have passed an order dated 25.06.2016, whereby, she was awarded with penalty of stoppage of increment for 2 years with cumulative effect; that the aforesaid penalty/punishment period had ended on 24.06.2018 ; that the petitioner become eligible for being included in the panel for promotion to the post of Assistant Executive Engineer in the year 2019-2020, for which, the crucial date is 5th June of every year; and that despite the petitioner becoming eligible for promotion, the respondents did not consider inclusion of her name in the panel for promotion to the post of Assistant Executive Engineer as on crucial date on the ground that “Performance Assessment Report not Received”.

4. The petitioner further contended that furnishing of Performance Assessment Report is not the responsibility of the petitioner, but it is the duty of the concerned authorities to obtain the same before finalising the panel; and for no fault of petitioner, the respondents cannot penalise the petitioner by not including her name in the panel for the promotion to the post of Assistant Executive Engineer in the panel year 2019-2020. Contending as above, petitioner seeks for quashing of the impugned proceedings.

5. The counter affidavit on behalf of the 4th respondent is filed.

6. The 4th respondent, by the counter affidavit while not denying that the petitioner having completed the penalty period of two years by the crucial date for preparation of the panel for the promotion to the post of Assistant Executive Engineer of the Panel year 2019-2020, however claimed that the petitioner was not considered in the panel prepared on 12.02.2020 for the reason that her Performance Assessment Report was not received.

7. The respondents, by the counter affidavit further contended that it had instructed authorities competent to order promotion to the employees of the Board to consider the suitability and other aspects of the employees whose promotions are to be considered and since, the Performance Assessment Report of the petitioner was not received by the respondents by the time the respondents undertook the preparation of panel vide proceedings dated 12.02.2020, the petitioner was excluded from being considered for promotion to the post of Assistant Executive Engineer.

8. Contending as above, the respondents further submit that the respondents have finalis