KAMAL LIMBU Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner by the instant petition is praying for grant of promotion to the rank of Naib Subedar (Clk.) with all consequential benefits including Seniority with retrospective effect from 1/6/2024 the date from which his juniors were promoted.

(2.) The factual matrix of the case is that on March, 2024, a DPC was convened by the respondents for promotion of Warrant Officer (Clerk) to the higher grade, i.e. Naib Subedar (Clerk) and to that effect a promotion order dtd. 28/3/2024 was issued whereby the petitioner was denied promotion and his immediate juniors were granted promotion w.e.f. 1/6/2024. Aggrieved, the petitioner submitted a representation dtd. 9/4/2024 and the same was responded by letter dtd. 16/5/2024, that the petitioner has been denied promotion due to lacking in ACR criteria for the year 2018-2019.

(3.) Mr. M.L. Nongpiur, learned counsel for the petitioner submits that during the pendency of the writ petition, the petitioner has been promoted to Naib Subedar (Clerk) and the only grievance that remains is that the same should be made retrospective from 1/6/2024, the date of promotion of his immediate juniors. The non-communication of the entries in the ACR for the year 2018-2019 by the respondents he submits, has resulted in the deprivation of his rights.