RAM KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE writ petition is a challenge to denial of promotion from the post of Sub Inspector to Inspector from the day when his junior was promoted upto the point that the petitioner had been superseded in the promotion to the post of ASI and Sub Inspector when junior Har Narain was promoted earlier. The State accommodated the petitioner's plea and granted to him promotion from the respective dates when the junior was promoted namely to be effective from 28.12.1981 and 28.05.1982. although, the petitioner had been promoted as ASI on 12.03.1983 and as SI from 10.03.1989.

(2.) WHILE Har Narain had been promoted as Inspector on 16.08.1988, the petitioner had not been considered for promotion from that date and the contention for rejection of the petitioner's plea was that as per the instructions issued on 01.07.1981, an employee had to have 70% good reports in the ACR during the relevant period and since he did not have good reports, he could not be so considered.

(3.) AS regards the last point, there has been already an expression of judicial mind by my brother Judge when he gave a direction on 20.02.2014 to the respondents to produce ACR record of the petitioner pertaining to the period of consideration for promotion to the post of Inspector. Learned counsel appearing on behalf of the State would, therefore, state that 70% of the reports must be good for the relevant period before a consideration for promotion when his junior was promoted and it could not be split into two periods i.e. period before 09.05.1985 and period after 09.05.1985. I accede to the plea by the State and I would take it relevant only for first two points which are raised by learned Senior Counsel appearing on behalf of the petitioner.