BALBIR SINGH NASIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant had filed a suit seeking declaration to the effect that he was entitled to promotion from the post of Agriculture Development Officer (for short, ADO) to the post of Circle Agriculture Officer w.e.f the date his juniors were so promoted alongwith consequential benefits. THE suit was dismissed. THE appeal was also dismissed and the appellant has, therefore, filed the present Regular Second Appeal.

(2.) AS per the averments in the plaint, the appellant was working as ADO with effect from 28.6.1976. His name stood at seniority No.722. The appellants claims to be discharging his duties diligently and efficiently. On 25.2.2002, 20 ADOs having seniority from 691 to 759 were promoted. Six posts, however, were kept reserved due to non availability of record or pending departmental action. Nothing was pending against the appellant. Still he was ignored for promotion. He, however, concedes that on 24.12.2001, his two annual increments without cumulative effect were stopped. Three ADOs were again promoted on 17.4.2002 but the appellant was still ignored. Another two ADOs were promoted yet again on 19.7.2002 but the appellant was still ignored. The appellant would also submit that he was having 80% A.C.Rs where there were no adverse remarks or doubtful integrity, which were relevant for consideration. The appellant would point out that he had already represented against the adverse remarks recorded in the ACRs for the period 1996-97 and 1999-2000 but no decision had been taken. On account of all this, the appellant has suffered and had, thus, filed the suit.

(3.) THE suit filed by the appellant was dismissed by the Trial Court against which he filed an appeal, which has also been dismissed. He has accordingly filed this Regular Second Appeal.