K. CHHUNGREMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. N. Sailo, learned senior counsel assisted by Mrs. Dinari T. Azyu, learned counsel for the petitioner and Mr. Aldrin Lallawmzuala, learned Addl. A.G., Mizoram for respondent Nos. 1-4. Also heard Mr. M. Zothankhuma, learned senior counsel assisted by Mr. Lalfakawma, learned counsel for the respondent No. 5.

(2.) By this application under Article 226 of the Constitution of India, the petitioner has challenged the failure on the part of the respondents herein to communicate adverse entry to the petitioner because of which he has been deprived of promotion to the next higher post.

(3.) The petitioner was appointed as a Fieldman by order dated 21.8.1982 and was posted in the office of the District Agriculture Officer, Aizawl West. He was thereafter promoted to the Subordinate Agriculture Service, Class-II by order dated 10.2.2004 and thereupon he was posted to Teikhang Sub-Circle under the jurisdiction of District Agriculture Officer, Champhai. The petitioner has been working in the same post. The next promotional post available to an officer is Grade-V in the Mizoram Agriculture Service. It is stated that in the seniority list of Subordinate Agriculture Service. The name of the petitioner appears at Sl. No. 7 and as such, he was entitled to be considered for next promotional post. He was really considered for the same but the Mizoram Public Service Commission did not select the petitioner in view of the fact that he was graded as "Good" and not "Very Good" in the ACR for the relevant years. Under paragraph 3.5 of the DPC, it is necessary that an officer for being eligible to the next higher post must be graded "Very Good" for a continuous period of 5 years. In the case in hand, the present petitioner was not given such grading during the relevant period but for which he was not selected. According to the petitioner had he been communicated about his not being graded as "Very Good" in the ACR in appropriate time, he would have the opportunity of filing representation before the appropriate forum and in that event there was likelihood of his getting a gradation "Very Good" thereby entitling him to the next promotional post.