SURENDRA PRASAD SINGH Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the respondent Company.

(2.) Petitioner was an employee in Scale III in respondent Company. The Company had come out with a fast track progression scheme to promote outstanding employees. One of the requirements for benefit under the fast track progression scheme was consideration of ACR. The petitioner was granted outstanding ACR for the period between 2009-2010 to 2011-2012. This period was the relevant period for considering his claim for benefit under the fast track progression scheme for promotion to scale IV in the year 2012-2013.

(3.) Petitioner'S Counsel relies upon the decision of the apex court in the case of Dev Dutt vs. Union of India, 2008 8 SCC 725 as also the decision of the Union of India pursuant thereto for communicating adverse entries to employees in terms of the decision of the Apex Court. He submits that by virtue of second review his outstanding ACR was altered to his disadvantage without communicating the same. As a result of second review of ACR for the period 2009-2010, 2010-2011 and 2011-2012 the petitioner was wrongly deprived of the benefits for progression to scale IV. Counsel for the petitioner submits that having been denied his promotion without communication of ACR the petitioner has been made to suffer contrary to the mandate of the Apex Court in the case of Dev Dutt (supra) which process has also been strictly adopted and is admittedly binding on the respondent Company. It is therefore stated in the writ petition that without taking into consideration assessment in the second review, to the disadvantage of the petitioner and without communication to the petitioner, the petitioner should be allowed promotion to scale IV with effect from 2012 as on all other count he was eligible on an all India basis for being considered as outstanding employee for the purpose of promotion to scale IV.