SANJIV BHAGAT Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner has approached this Court seeking a mandamus to the State to grant the benefit of the ACP Scheme on completion of 14 years of service which fell due to him in the year 2010. The petitioner stood granted the 4thand 9th ACP pay benefits. However, he was denied the further benefit on completion of 14 years of regular satisfactory service on account of downgrading of one of his ACRs from Outstanding to Average. Aggrieved by the downgrading of his ACR for the year 2006- 07 the petitioner approached this Court in CWP No.10160 of 2011. The writ was admitted and an interim stay granted against the downgrading remarks vide order dated 21.05.2012. The writ is pending regular hearing.

(2.) Learned counsel for the petitioner submits that the record of his ACRs from the year 1996-97 till the year of consideration i.e. 2008-09 on the fourteenth year are either Good, Outstanding or Very Good. However, the record for the years 1999-00 to 2001-02 is not available but the averment in the petition is that two of them are Average and one is Good. The consideration required under para.4 (b) of the ACP Scheme is as follows:-

(3.) Learned counsel asserts that out of 13 ACRs, 9 are Good or above which means his client has more than 50% Good. The second criterion in the scheme is also satisfied since in the last three years, one is Outstanding and one is Very Good. The other is subject matter of writ petition.