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High Court Of ChhattisgarhWPS/4127/2020disposed off

Amit Manoj Duryodhan v. Coal India Limited

2020-12-14Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4127 of 2020 Amit Manoj Duryodhan S/o Manoj Duryodhan Aged About 43 Years R/o B22, B-Type Quarter Manhari Road, Post Bijuri, District Anuppur Madhya Pradesh ---- Petitioner

Versus

1. Coal India Limited Through its Chairman 10 Netaji Subhash Road Calcutta (West Bengal)

2. South Eastern Coalfields Limited Chairman-Cum-Managing Director Seepat Road, Bilaspur District Bilaspur Chhattisgarh

3. Shushant Kumar Sethi Bijuri Mines Sub Coal Area Bijali, District Anuppur Madhya Pradesh ---- Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate For Respondent/s :

Mr. K. K. Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 14/12/2020

1. The grievance of the petitioner in the present writ petition is the non consideration of the petitioner for promotion from Non Executive Cadre to Executive Cadre.

2. Contention of the petitioner is that the only ground for non consideration of the petitioner for promotion was the uncommunicated ACR's of the petitioner. He further submits that on an earlier occasion he had made a couple of representations which have been rejected and the authorities have not considered the case of the petitioner in the light of the Supreme

Court judgment wherein it is mandatorily required for every employer to have communicated all the entries made in the ACR to the employee particularly when the entries in the ACR would have an adverse effect on the promotional avenues available to an employee. He further submits that he has now made a fresh detailed representation to respondent No.1 which may be considered.

3. Let petitioner in addition to the representation that he has made make another detailed representation to respondent No.2 as well as to respondent No.1 which shall be duly considered in accordance with the Rules, Regulations and Policy governing the respondent establishment at the earliest preferably within a period of 3 months from the date of receipt of representation of the petitioner.

4. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit