Anil Kumar v. The Union Of India And ORS.

28.09.2022 IN THE HIGH COURT AT CALCUTTA DL-26 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 22273 of 2022 Shri Anil Kumar Vs.

Union of India & Ors.

Mr. Shamik Chatterjee, Mr. Aditya Bikram Mahata ....for the petitioner.

Ms. Amrita Pandey, Ms. Sneha Singh ....for the respondents.

In this writ petition, the petitioner has challenged the Performance Report for Individual Development of Executive (PRIDE). The PRIDE Ratings are for the year 2020 to 2021. The writ petitioner is the Chief Manager, M-1 Grade Officer of Coal India Limited (CIL). At present, the writ petitioner is posted as the Chief Manager (Mines) at Sodepur.

Mr. Chatterjee, learned counsel appearing on behalf of the petitioner submits that the appeal for reevaluation of the PRIDE Rating was submitted within time on August 20, 2021. Relevant period for submission of the appeal was between August 17, 2021 till August 31, 2021, as would appear from annexure - 'P-5' at page 43 of the writ petition. After submission of the appeal, the petitioner has made a representation for consideration of the same on October 4, 2021 and also made a demand for justice

on December 21, 2021. Despite the aforesaid representation or the demand for justice, the same has not yet been considered by the authority concerned.

Ms. Singh, learned counsel, appears on behalf of the respondents.

Having considered the submissions of the learned counsel for the petitioner and the materials placed on record, this Court is of the view that justice will be sub-served if the Personnel Manager, ECL/respondent no.12 is directed to consider the representation of the writ petitioner dated October 4, 2021 within 8 weeks from date.

The said representation should be disposed of by a reasoned order upon giving a personal hearing to the petitioner. The reasoned order is to be communicated to the petitioner within 2 weeks of passing thereof. Since no affidavits have been invited in the present writ petition, all the allegations contained therein are deemed not to have been admitted. With the directions aforesaid, the writ petition, being WPA 22273 of 2022, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)