Case Note & Summary
The petitioner, an employee of Maharashtra State Electricity Distribution Co. Ltd., joined service on 29.06.1999 as Assistant Engineer. For the year 2007-08, he received an adverse grading of 'Poor' in his confidential report, which was communicated to him only on 21.07.2012, four years later. He made representations and the Maharashtra State Scheduled Castes & Scheduled Tribes Commission directed reconsideration, leading to upgradation of his CR from 'Poor' to 'Very Good' by the Competent Authority. Meanwhile, his case for promotion to Deputy/Additional Executive Engineer was considered in a Selection Committee meeting on 15.05.2012, but he was not recommended due to the adverse CR. After upgradation, another Selection Committee on 17.06.2014 considered his case but denied him the deemed date of promotion w.e.f. 15.05.2012, relying on Administrative Circular No. 310 dated 5.08.2010. The petitioner challenged the denial and the circular. The court held that the delayed communication of the adverse CR and its subsequent upgradation entitled the petitioner to promotion from the date his juniors were promoted, i.e., 15.05.2012, and that the circular could not be applied to defeat his right. The petition was allowed, and the respondents were directed to grant promotion with deemed date and consequential benefits.
Headnote
A) Service Law - Promotion - Deemed Date - Adverse CR - Upgradation - Petitioner's CR for 2007-08 was graded 'Poor' but communicated after four years on 21.07.2012. The grading was later upgraded to 'Very Good' on recommendation of SC/ST Commission. The Selection Committee initially denied promotion on 15.05.2012 due to the adverse CR. After upgradation, a subsequent committee on 17.06.2014 considered his case but denied deemed date relying on Circular No. 310 dated 5.08.2010. Held that the petitioner is entitled to deemed date of promotion w.e.f. 15.05.2012 as the adverse CR was not communicated in time and was later upgraded, and the Circular cannot defeat the right to promotion from the date of vacancy. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to deemed date of promotion to the post of Deputy/Additional Executive Engineer w.e.f. 15.05.2012 despite the initial adverse CR grading which was later upgraded, and whether Administrative Circular No. 310 dated 5.08.2010 is valid.
Final Decision
The petition is allowed. The respondents are directed to grant the petitioner deemed date of promotion to the post of Deputy/Additional Executive Engineer w.e.f. 15.05.2012 with all consequential benefits. The Administrative Circular No. 310 dated 5.08.2010 is quashed and set aside to the extent it denies deemed date of promotion in such circumstances.
Law Points
- Deemed date of promotion
- delayed communication of adverse confidential report
- upgradation of CR
- Administrative Circular No. 310 dated 5.08.2010
- principle of retrospective promotion
