SARVODAYA KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CLAIM in the present writ petition is to promote petitioner to the post of Lecturer (Chemistry) from the date of his junior, namely, Mahesh Chander Aggarwal, was promoted i.e. 19.08.1994.

(2.) IN pursuance to the notice issued, the State had filed reply stating that the name of the petitioner was not considered for promotion at relevant point of time, owing to the fact that the petitioner did not have 70% good record of his annual confidential reports. However, subsequently in the year 1994 -95, his ACR was found to be good and, thereafter, the petitioner was promoted to the post of Lecturer w.e.f. 25.10.1995. The State was further directed to file an affidavit in this regard and the short reply by way of an affidavit of Harminder Singh Saini, Deputy Director (Lecturer), office of the Director Secondary Education, Haryana, Panchkula, dated 10.01.2015 has been filed and in para No. 3 of the reply, it has been stated that adverse remarks in the ACR had not been communicated to the petitioner, therefore, the petitioner's case could not put up for promotion and the department is contemplating to take against the defaulting/error official/officer to the fact that junior to the petitioner had been promoted.

(3.) THAT so far as the promotion of Sh. Mahesh Chander and Sh. Mahinder Partap Singh is concerned, it is correct that they are junior to the petitioner but they were promoted on the basis of good service record and the petitioner could not be promoted with Sh. Mahesh Chander and Sh. Mahinder Partap Singh because of not having 70% good service record at that time. This fact is proved in the office record that his service record was poor at that time."