Rajasthan High Court – Jaipur
Kailash Chand Gupta S/O Shri Ram Charan … vs Jaipur Vidyut Vitran Nigam Ltd. … on 11 August, 2025
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2025:RJ-JP:30995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15625/2010
Kailash Chand Gupta S/o Shri Ram Charan Lal Gupta, aged
about 50 years, R/o B-36, Mahesh Nagar, Jaipur
----Petitioners
Versus
1. Jaipur Vidyut Vitran Nigam Ltd., Jaipur trough its
Chairman & Managing Director, Vidyut Bhawan, Jyoti
Nagar, Jaipur.
2. Secretary (Administration), Jaipur Vidyut Vitran Nigam
Ltd., Vidyut Bhawan, Jyoti Nagar, Jaipur.
3. Shri B.L. Meena, presently holding the post of Executive
Engineer (O&V), JVVNL office Khandar, Headquarter
Sawai Madhopur, District Sawai Madhopur
----Respondents
For Petitioner(s) : Mr. C.P. Sharma with
Mrs. Santosh Sharma
For Respondent(s) : Mr. Sandeep Saxena with
Ms. Neha Swami
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
11/08/2025
This writ petition is directed against the order dated
20.12.2006 whereby, the petitioner, a Junior Engineer was given
benefit of first selection scale, available on completion of nine
years of service, after ten years, i.e., with a delay of a year.
Indisputably, this has been done on the basis of remarks
“poor” in his Annual Confidential Report (for brevity “the ACR”) for
the year 2000-01.
Learned counsel for the petitioner, inviting attention of this
Court towards the complete copy of the ACR for the relevant
period obtained by him under the Right to Information Act, 2005,
would submit that he was rated as an average employee by the
reporting authority, by the reviewing authority as well as by the
counter-signing authority and the reviewing authority found him
(Downloaded on 11/08/2025 at 10:04:05 PM)
[2025:RJ-JP:30995] (2 of 2) [CW-15625/2010]
qualified for promotion in turn. He, therefore, prays that the
extension of grant of selection scale by one year on account of
adverse remark is not tenable in the eye of law.
Learned counsel for the respondents did not dispute that the
parameters for grant of selection scale are not on higher pedestal
than the consideration for grant of promotion and in the ACR for
the subject year, he was held to be qualified for promotion in turn.
In view of the aforesaid, nothing much survives for
consideration of this Court and the petitioner is found to be
entitled for grant of first selection scale on completion of nine
years of service instead of ten years.
Resultantly, this civil writ petition is allowed. The order
impugned dated 20.12.2006 is quashed and set aside to the
extent of extending grant of first selection scale by one year. The
petitioner is held entitled for grant of first selection scale on
completion of nine years of service. Consequences to follow.
Arrears shall be paid to the petitioner alongwith interest @ 6% per
annum. Compliance be made within a period of twelve weeks from
the date of communication of this order failing which the arrears
shall carry interest @ 9% per annum after the expiry of the
stipulated period and the Officer(s) responsible for delay would
bear the enhanced component.
Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/57
(Downloaded on 11/08/2025 at 10:04:05 PM)
Powered by TCPDF (www.tcpdf.org)