D. D. GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved by omission and commissions on the part of respondents, petitioner has approached this Court for not-considering his case for promotion in the Departmental Promotion Committee (for short'DPC') held on 18/4/2017, on the ground that his Annual Confidential Reports (for short'ACRs') and Annual Performance Assessment Reports (for short'APARs') were not'very good' as per requirement of Office Memorandum dtd. 27/2/2016 and resultantly petitioner was denied appointment to the post of Professor (Pharmacology) in Indira Gandhi Medical College (IGMC), Shimla.

(2.) Case of the petitioner is that he was appointed as Assistant Professor (Pharmacology) on 28/8/2001 and was promoted as Associate Professor (Pharmacology) on 28/8/2006 and was designated as Professor (Pharmacology) on 3/12/2014 in his own pay scale without extra remuneration under the Time Bound Designation/upgradation Scheme, 2014.

(3.) Undisputed facts in present case are that petitioner was eligible to be promoted as Professor on 28/8/2010, but there was no vacancy available at that time. The vacancy arose on retirement of respondent No. 4, on 1/2/2017, and thereafter Departmental Promotion Committee was held on 18/4/2017, wherein name of petitioner was not considered for not having ACRs and APARs as'Very Good' and also for adverse entries in ACRs. Before meeting of DPC, petitioner, after acquiring knowledge about downgrading his ACRs and APARs, applied for copies thereof under Right to Information Act, as these adverse entries and downgrading of ACRs and APARs were never communicated to him either before downgrading or thereafter.