LALDINTLUANGA Vs. STATE OF MIZORAM & ORS.

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the respondent Nos. 1 to 4 and Mrs. Dinari T. Azyu, learned counsel for the respondent No. 5.

(2.) The petitioners case in brief is that the petitioner is presently working as an Industrial Promotion Officer in the Industries Department since 17.12002, where he was senior to the respondent Nos. 6, 7 & 8 in the Grade of Industrial Promotion Officer. The petitioner was belatedly communicated his below bench mark grading for the year ending 31.03.2010 and 31.03.2011 by the respondent No. 4 vide letter dated 28.09.2015.The petitioner submitted a representation dated 29.09.2015 for upgrading his ACR grading for the year ending 31.03.2010 and 31.03.2011, to the bench mark grading.

(3.) The petitioners counsel submits that in pursuance to the petitioners representation dated 29.09.2015, where he requested that he should be given bench mark grading, the petitioners representation was sent to the Director of Industries, who thereafter, rejected the petitioners representation on the ground that there was no merit for enhancement or giving a higher grading to the petitioner in the ACR ending dated 31.02010 and 31.02011. The petitioners counsel submits that the Director of Industries was the accepting authority for the ACR ending 31.02010, while the Secretary to the Govt. of Mizoram, Industries Department was the accepting authority for the ACR ending 31.02011. The petitioners counsel submits that the law in this regard is that whenever a representation is submitted to the authorities by an employee in respect of up-gradation of his grading given in his ACR, the said representation should be considered by an authority superior to the Accepting authority.