'Annual Confidential Report' Not Communicated To Employee Can't Be Considered To Decide Promotion: MP High Court Directs State To Restore Seniority
While reiterating that un-communicated Annual Confidential Reports (ACRs) of an employee cannot be considered while deciding their promotion, the Indore bench of the Madhya Pradesh High Court directed the state government to restore a woman employee's seniority.
The high court directed the State to grant the petitioner–a state government employee, her promotion adding that her un-communicated "Grade-C" ACR for 2020 should not be considered while deciding her promotion to the post of Super Time Pay Scale (Director).
While partly allowing the petitioner's plea, a single judge bench of Justice Subodh Abhyankar in its order said:
“In such circumstances, the petition stands partly allowed and it is directed that the un-communicated ACR of the 2020 of the petitioner cannot be taken into consideration while deciding the case of the petitioner for promotion on the post of Super Time Pay Scale (Director), and accordingly, the respondent No.1 is directed to appoint the petitioner in Super Time Pay Scale (Director) in the regular pay scale...w.e.f 01.01.2023".
The high court referred to the decision of the court's division bench in Mehfooz Ahmad vs. High Court of M.P., wherein it was said that un-communicated ACRs cannot be taken into consideration by the DPC.
The court thereafter said, "Thus, it is apparent that uncommunicated ACRs cannot be taken into account while considering the case of an employee for promotion. Reference in this regard may also be had to the decision rendered by the Supreme Court in the case of Abhijit Ghosh Dastidar vs. Union of India and others...(2009) in which it is also held that even if a person has received good grade, in that case also it is liable to be communicated to the employee so that he can have a chance to upgrade the aforesaid grade. Thus, when the facts of the present case are tested on the anvil of the aforesaid decisions, it is apparent that the petitioner obtained grade-C in her ACR of 2020, which was, admittedly not communicated to her by the respondent No.1".
The petitioner had contended that she had consistently received "A+" grades (Excellent) in her ACRs for several years, except for 2020, when she was downgraded to "Grade-C" without any notification. The State on the other hand, argued that since the ACR was not adverse, hence it was not communicated, and thus, the question of communication of Grade – C does not arise.
Partly allowing the plea the high court also directed the State has to restore her seniority, adjust the pay accordingly, along with releasing the arrears with interest at the applicable bank rates.
Case title: Mrs. Veena Jain Versus The State Of Madhya Pradesh And Others
Case no: WRIT PETITION No. 30909 of 2023