W.P. (C) No. 284 of 2013. Case: Anand Roy Vs Union of India and Ors.. Meghalaya High Court

Case NumberW.P. (C) No. 284 of 2013
Party NameAnand Roy Vs Union of India and Ors.
CounselFor Appellant: R. Jha, M. Jha, J.B. Mitra and J. Pradhan, Advocates and For Respondents: N. Mozika, CGC
JudgesS.R. Sen, J.
IssueService Law
Judgement DateSeptember 09, 2015
CourtMeghalaya High Court

Judgment:

S.R. Sen, J., (At Shillong)

  1. Heard Mr. R. Jha, learned counsel appearing for and on behalf of the petitioner.

    Petitioner's case in a nut-shell is that;

    "This instant writ petitioner is filed challenging and quashing the Impugned Order No. Rec.(Adm-IV)/0113/243 dated 4th October 2012 and for grant of promotion to the petitioner to the rank of Subedar Major Clerk with effect from 18th June 2008, when the juniors were promoted to the said rank along with pay and allowance of the said Rank.

    The factual matrix of the instant writ petition is that the petitioner was enrolled in Assam Rifles on 30th January 1969, was promoted till the rank of Subedar on 1st January 2006, after his due performance and without having adverse remark in his service record. Surprisingly, when the petitioner due for his promotion to the rank of Subedar Major Clerk he was not promoted on the ground that one of his annual confidential report i.e. for the year 2005-06 was "Average" resultantly the petitioner approached erstwhile Hon'ble Gauhati High Court, Shillong Branch, by way of writ petition which was registered as writ petition No. 116(SH) of 2009, and after hearing both the parties the said writ petition was disposed off with the following direction;

    "In view of the above, the Respondent Authorities are directed that the 'Average' entry in Annual Confidential Report of petition for the year 2005-06 be communicated to him within a period of one month from the date of receipt of certified copy of this order. On being communicated, the petitioner may make representation, if he so choose again and the said entry, within a period of one month thereafter and the said representation will be decided within a period of two months thereafter. If his entry in Annual Confidential Report is upgraded, the respondent shall consider the case of the petitioner for promotion respectively by holding DPC within a month thereafter and if the petitioner gets selected for promotion, he should be treated to have been promoted on and from the date on which his junior were promoted to the higher rank. The petitioner shall also be entitled to arrear pay for the aforesaid period."

    The petitioner as per the direction of the Hon'ble High Court and after receipt of the letter from Respondent Authorities filed appropriate representation for upgradation of the said Annual Confidential Report and grant of promotion but the Respondent Authorities, without application of mind...

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