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]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
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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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