Wednesday, September 18, 2024

All Annual Confidential Reports (ACRs) must be communicated to the employees and in case the ACRs are upgraded, the employee must be considered for retrospective promotion – Delhi High Court

27.08.2024

Delhi High Court

 

All Annual Confidential Reports (ACRs) must be communicated to the employees and in case the ACRs are upgraded, the employee must be considered for retrospective promotion – Delhi High Court

 

Promotion to the post of Deputy Manager (Technical) in Indraprastha Power Generation Company Limited (IPGCL) – ACRs were upgraded after the meeting of the Departmental Promotion Committee (DPC) – Delhi High Court directed IPGCL to convene a Review DPC for considering the candidature of the petitioners for promotion and, in case the petitioners are found fit, then the promotions shall relate back to the dates of promotions of juniors considered in the DPC convened on 08.08.2012 - Delhi High Court also directed that in the event of promotion, the petitioner will be entitled to all the consequential benefits, including seniority – Directive paragraph of the Order dated 27.08.2024 reads as under:-

 

39. Accordingly, these writ petitions are allowed setting aside the impugned order dated 24.07.2018 whereby the representations of the Petitioners seeking consideration by review DPC, based on upgraded ACRs with consequential restoration of seniority, were rejected. It is directed that cases of the Petitioners shall be considered for promotion to the post of Deputy Manager (Technical) w.e.f. the date the immediate juniors were promoted by taking into consideration the upgraded ACRs for the relevant periods. Needless to state that if the Petitioners are found FIT for promotions, their promotions shall relate back to the dates of promotions of juniors considered in the DPC convened on 08.08.2012. If recommended for promotions in the review DPC, Petitioners will be entitled to all consequential benefits including seniority. The entire exercise shall be carried out by the Respondents within a period of three months from today.

 

[Ajay Kumar Sinha Vs. Indraprastha Power Generation company Limited & Pragati Power Corporation Ltd., W.P. (C) No. 12633/2018, W.P. (C) No. 13300/2018, W.P. (C) No. 13261/2018, W.P. (C) No. 13277/2018, decided on 27.08.2024, Delhi High Court]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

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