AMAN SOOD Vs. HIGH COURT OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was appointed as a Civil Judge (Jr. Div.) on 10/6/1999. The petitioner was confirmed on the aforesaid post on 10/6/2002. Service of the petitioner is governed by the Himachal Pradesh Judicial Service Rules, 2004. The next promotional post for the petitioner is that of a Civil Judge (Sr. Div.). For being considered for promotion to the post of Civil Judge (Senior Division) minimum five years experience in the cadre of Junior Civil Judge is required. Promotion to the post of Civil Judge (Senior Division) is made on the basis of merit-cum-seniority (Selection post). In the aforesaid backdrop, the petitioner became eligible for promotion on 10/6/2004.

(2.) Vide letter dtd. 7/10/2004, the present petitioner was communicated an advisory/adverse remark contained in the confidential report of the petitioner for the year 2003-2004. A Perusal of the letter reflects that the petitioner qua his efficiency was informed that he required improvement in so far as disposal of cases is concerned. Besides the aforesaid, the petitioner was informed that in the ACR for the year 2003-2004 he had been graded average. By virtue of the aforesaid letter, the petitioner was informed that he could make a representation against the same within 60 days of the receipt of the said letter. It is an admitted position that no representation was made by the petitioner with respect to the aforesaid communication.

(3.) In so far as the petitioner is concerned the ACR for the years 1999-2000 was rated as good, 2000-2001 was rated as reasonably good, 2001-2002 was rated average, 2002-2003 for the period 1/4/2002-21/9/2002 was rated as good and for the period 23/9/2002-31/3/2003 was rated as average and for the year 1/4/2003-31/3/2004 was rated as average.