HC directs respondents to consider the petitioners’case for promotion of SE with effect from the date his juniors were promoted
JKUT (Jammu), December-10-2021-( JNF):- Justice Tashi Rabstan of Jammu & Kashmir and Ladakh High Court while quashing the quash Office Memorandum No.BRDB/04/1826/EE(Civ)/2011/GE-1 dated 20.07.2011, issued by respondent No.1, whereby the representation filed by the petitioner Makam Kishore Kumar for upgradation of below bench mark ACR grading has been rejected, directed respondents remanding the matter back to the respondents for fresh consideration. The gradings given in the above ACRs shall not be taken into account by the review DPC, who may independently assess the suitability of the petitioner consistently with the observations made above and in accordance with law. Petitioner’s case is required to be considered with effect from the date his juniors were promoted against the post of Superintending Engineer (Civil). While considering the case of petitioner, the respondents shall also take into consideration the judgment delivered in Bharat Singh Panwar (supra) by the Gauhati High Court in WP(C) No.2494/2011. Let this exercise be carried out within a period of three months from the date a certified copy of this judgment is provided to the respondents by the petitioner against proper receipt. The outcome of the consideration of the matter shall be communicated to the petitioner well in time. Needless to say that depending upon the outcome of the consideration, the petitioner will be entitled to all consequential benefits. JNF