Allowed

Neha Kapoor v. State of Chhattisgarh

Chhattisgarh HC16 Aug 2022WPS/3764/2022

Case brief

AI extract

What is this about?

The Chhattisgarh High Court directed the Deputy Promotion Cell to conduct a review meeting within two months for the petitioner, a Deputy Collector. The Court held that since her adverse ACR was expunged on 01.10.2019, her case must be considered for selection grade from that date, rejecting the Department's refusal based on incorrect factual grounds.

What did the court decide?

Review DPC conducted within two months; if eligible, petitioner's case considered from 01.10.2019.

Neha Kapoor Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3764 of 2022

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Neha Kapoor W/o Shri Gaurav Ojha, aged about 37 years, Permanent R/o Shanti Nagar, District : Bastar(Jagdalpur), Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh through Secretary, General Administration Department, Mantralay Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

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Deputy Secretay General Administration Department, Mantralay Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

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---- Respondents

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___________________________________________________________________

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For Petitioner : Mr. Pankaj Singh, Advocate For State : Mr. Ravi Bhagat, Dy. G.A.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order On Board

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16.08.2022

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The petitioner was appointed as Deputy Collector in the year 2019 and she is entitled for consideration of promotion, but in the year 2019 when the DPC was held, the case of the petitioner was not considered on the count that the ACR for preceding one year is not available. Thereafter, she filed a petition before this Court which was registered as WPS No. 338 of 2020, wherein vide order dated 16.01.2020, this Court had directed to consider the representation of the petitioner.

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The petitioner's case was not considered for grant of senior time scale pay on the pretext that the adverse ACR for the year 2017 was communicated to her, against which the petitioner has preferred representation, but the reviewing authority has re-examined and expunged the adverse CR. When the meeting was held on 19.03.2019, the adverse CR was effective and the same has been expunged on 01.10.2019 and thereafter again DPC was held for grant of senior time scale pay.

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As per the minutes of meeting held on 25.02.2020, the petitioner's case has not been considered on the pretext that as the ACR for the period 27.06.2016 to 21.12.2016 was recorded adverse against the petitioner and the fact that the ACR of the petitioner was already expunged on 01.10.2019 had not taken into consideration by the DPC. The reason assigned by the DPC for not granting senior time

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pay scale to the petitioner is incorrect fact as the ACR of the petitioner is already expunged on 01.10.2019, therefore, it is incumbent upon the DPC held on 25.02.2020 to consider the case of the petitioner.

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In view of the facts, it is directed that the review DPC be conducted for the petitioner within utter limit of two months from the date of receipt of this order for grant of selection grade. If the petitioner is found to be eligible for the grant of selection grade, her case shall be considered from the date her ACR was expunged i.e. on 01.10.2019.

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With these observations, the petition is disposed of.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Saurabh

Neha Kapoor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Neha Kapoor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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