SHIVA MOHAN JHA Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) Heard Mr. Shiva Mohan Jha, who appeared in person and Mr. B.K. Pathak, learned counsel appearing for the respondents.

(2.) In this writ application the petitioner has prayed for quashing the order as contained in Letter No. F.N. 404-10/2009-Pers I dated 18.5.2009 issued by the Deputy General Manager Personnel whereby and where under, a decision has been taken that the petitioner's ACR for the year 2000-2001 has been found to be on merit and hence does not require any interference. A further prayer has been made for expunging the adverse entries in ACR for the year 2000-2001 as communicated vide letter dated 27.3.2002 and confirmed by the letter dated 22005. The petitioner is also aggrieved by the letter dated 25.5.2009 issued by the respondent no. 5 whereby and where under the claim of the petitioner for grant of IDA Scale upgradation as per the criteria laid down in O.M. 400-61/2004/ Pers 1/308 dated 18.1.2007 has been rejected.

(3.) Briefly stated the facts are that the petitioner was appointed initially as Engineering Supervisor in the Post and Telegraph Department of the Government of India and after his joining one year training was effected and the petitioner was finally appointed on 16.2.1967. The designation of Engineering Supervisor was subsequently changed to that of Junior Engineer and Junior Telecom Officer. The Post and Telegraph Department were subsequently split up into two separate Department of Post and Department of Telecommunication. The service of the petitioner was transferred to the Department of Telecommunication. Subsequently Mahanagar Telephone Nigam Ltd. was formed and the services of the petitioner was transferred to M.T.N.L. for a short period from 16.8.1998 to 27.11.1998. Thereafter on 1.10.2000 BSNL was formed as Government of India Enterprise and the services of the petitioner was transferred BSNL w.e.f. 1.10.2000 and the petitioner continued to render service till 31.12.2005 on which date he superannuated and at the time of superannuation the petitioner was posted as Divisional Engineer, Commercial in the office of the General Manager, Telecommunication, Ranchi Telecom, District at Ranchi. The petitioner during his period of employment was assessed and the Annual Confidential Report sums up the assessment of the petitioner. The ACR of the petitioner for year 2000-2001 contained adverse remarks which against which the petitioner submitted a representation and only the adverse remarks 6(2) was expunged and the rest remained. An appeal was preferred by the petitioner for expunction of the remaining adverse remarks but the same was rejected.