1 79 Ie If 9 ll f yV r 4d 1 INTHE HIGH CHANDIGARH DateofDecisionl3152011 1 CWP ePetitioner 1 SantoshKumari 4 10 Versus StateofPunjabandothers 2 CWPNo 13027of2010 Petitioner Singh 1 1 Versus r 1 StateofPunjab andothers J 3 3 cwPNo122250f2010 Petitioner 1 Jagtar Singh 45 Versus StateofPunjaband others 4 CWPNo 16723of2010 ePetitioner DharamPaul C Versus I StateofPunjaband others C 5 CWPNo 5578 of2010 Z ePetitioner FaqirChand r11 Versus StateofPunjaband others espondents ave Z 6 CWPNo12903of2010 5 Singh eetitioner Qe Versus StateofPunjaband others L 7 CWPNo16800of2010 m SurinderPal 4etitioner Versus StateofPunjabandothers CORAM HONBLE MRJUSTICE PERMOD KOHLI Present Mr KapilKakkar Advocate Mr RlC Arora Advocate PV ovAvlv412CPO1 an orep4 eerx19meIowm 41aae4P Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document I l I l 80 il 1 r nl r r 17450of2010 m 1 1 MrPuneetGuptaAddl AG Punjab 1 1 1 8 8 PERMODKOHLIJ IOI il In view of the factsand con of law All the are in the Education of in CWP Nos 17450of 2010and16723of theStateof Punjab r0 HeadMasters whereasall other are 0 2010 are workingas 0 in different disciplines All the petitioners are working as I 45 of their to thepostof Principal In some of the havebeen solelyon the cases theclaims of the Z ground that theydid not achieve the minimum benchmarksfor thepostof PrincipalIt is admiuedcase of the parties that 0 to juniorto the from thecadreof Head Masters as also persons C3 Lecturerhave been to the postof Principalhence the grievance Z ofthepetitioners in thesepetitions Co er Sincethe legalissues decidethe controversyin vm Z these hence the facts of each case are not beingdealt with in Il details facts are that there are more than 1500 sanctioned postsofPrincipalsin Govt Schoolsin the Stateof Punjabandhundredof C postsare lyingvacant some evenfor a decade The had earlierexpressed its inabilityto makepromotions in view of some directions frornthis Court for a considerableperiodLater the Statewas pennitted to makepromotions Promotionto the postof Principalis governedand regulatedby the statutoryrules ed under provisoto Article 309 ofthe Constitution 4 1 19aawapew en v eOwIll914111814941n14 We eeh meee9en49mWem41W 16 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 81 1 1 r1 4 3 17450of2010 School 8 GroupvA 1 ofIndia namelyPunjabEducationService 5 Theserules Ie ServiceRules dated22122004 Rule 5 dealswith the were notifiedvide 1 1 l and experience J e 5 Method of e 1 19 to a postin the service shallbe madein the manner as 1 2 0 availablefor 3 Providedthat if no suitablecandidate 1S 1 andby direct then to 49 by 1 1 Z theServiceshall be madebytransferof a personholdinga similar or an Z postunder a StateGovt ofGovt ofIndia 2 No shaIlbe to a postin theserviceunless r and as specified againstthat post hepossessesthe C in Appendix 1B Z to the serviceby shallbe madeon 3 f11 basis butno person shall have any rightto claim 7 Z on thebasisof seniorityalonel Providedthat to thepostof Directorshallbe made on basis Thepostof Principal1SOne of the postsborne on the cadre of C the 2004 Rules Byvirtue ofsub rule c21ofRule 5 to a post in theservice is to be made in accordance with the and experienceas againstthat postin AppendixB Post of Principal finds mention at Sr No3 of AppendixB and is equivalent to some other postsof the service These postsare to be filled up 1000Ioby promotion from threefeeding channels Relevant extract 8om AppendixB is 6 t m onwewnvv 6 eelne m eme1anne 91I Iew4 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 1 82 1 1 5 V1 17450of2010 e4 4 hereunderl Sr ofthepost for l and Noe 1 by for 1 by Direct Promotion Direct 1Promotion ppOint ment 1 3 4 51 6 1 2 Il Hundred percent Fiftyefive l r0 3 DistrictEducationOfficer fromI Secondary Educationl 1 1amongstthe DistrictEducation Ofticer 0 Elementary Educationl 1LecturerS 1working under 3 Principal DistrictInstituteof the coMrol of EducationandTrainlng Principal Secondary Schools 1the Director 1 jwhohave anl Assistant Director Evaluation of OftlcerSubject MatterExpen as StateCouncilof Education 1 such for a Research 8 TraininglSurvey 1 Ofllcer Deputy Circle of Z EducationOfficer Deputy DistrictEducationOfflcer District ScienceSupervisor Thiny SeniorLecturer Senior from t GuidanceCounsellor iamongst the AdvisorCo 1Head ordinator 1MasterslMistr I ducationlOfflcer on Special 1esses working Cl Duty0Vorks andPlanningl the t Otllceron SpecialDuty of the t Z Scholarshipl andCow whol ordinator ann P of CQ working as such for a mlnUllUm nm period of Z 1seven years and Qe cl Fifleeen 7 percentfrom amongstthe Vocational Lectutersl 1Mastersl 1 Mistresses workingunder n the control of the Director who have an ofl working asl such for a mlnmum of 1 For purposes of the presentpetitionsonly two channels of are relevantie Lecturer and Head MasterlMistress 550Iof 1 4 m4uenmw v eIe4Ll94momlVe 4 4WeIe Iwnewnaereslwnm9 40 Ot Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 2 1 83 1 17450 of2010 5n 10 the postsof Principal are to be 811edup from 1 thecontrol of the Director who have an 1 Lecturers workingunder Il 1 of 7 years whereas 1 expenenceof as such for a min filledup from amongstheHead 35Ioof such postsare to be for a min period of 7 yearSe with expenence for such being All the are They arealso under the zone of of experience 3 on the basisoftheir seniorityas personsjuniorto 5 of PrincipalThe have them have been to the post t5 of not achieving the mil beendenied onlyon the benchmarks as the Govt Instructionsdated692001 Z Pe149in CWP of 2010 The relevant Govt A reliedupon by the in the replyfiled in Instructionsare I and13027of 2010 Theseinstructionsrelateto setting Nos12225 for consideringcases of Z up of committees 1 to Classl andClassII posts low GroupA andGroupB posts9 CO t forpurposesof the presentpetitions is 7 The extract relevant 1 f Z hereunderl t 1 tl to retainthe systemsof 1 CC 0cIIt has been 1 1 of ARs as containedin the dated 29122000 1 which is as under 1 C Outstanding 4 marks 11 VeryGood 3 marks 1 Good 2 marks t Average l mark ACRs for the last 5 years are to be taken into considerationfor The criteria for promotions will be as underl le Thecase pertaining to thepromotion ofHead ofDepanments wouldbe decided strictlyon the basis ofmeritineseniority 4Vaw svrlmeevnmre 4moev 4m49 49P9ermw Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 84 1 J 17450of2010 ee6 1 verygoodt 1 to be considered as VeryGood The 4 rnarkswouldbe officergraded as VeryGood 2 For to fallingin GroupA other thanHeadof the benchma will bevery goodwith A thosemeetings thiscriteria there atleast12marks 1 1 wouldbe no supersession 3 Inthe case to postsfallingin Groupthe 3 L benchmark will be1Good andtherewouldbe no 5 1 V 7 4 Formaking in all the thereshouldnot be V m AY 4 2 Asa of this decision of the Govt the I in the PunjabCivil Services GeneralandCommon Conditionsof t Rules 1994wouldbe made Z 3 These instructionswould be C12 from the above instructions have heavily eaW Z reliedupon the Civil Services Ec Con Conditionsof Qe Rules 1994 referredto as the 1994Rules9in to Rules 18 and 20 thereof Rules 18 and 20 reliedupon by the 5 are hereunder 1 44 18 Promotion toGroupA and GroupB 6alFor 1 4en 1 to thepost as Head ofDepent would be decided 1 on the basis as per the instructions issuedbythe Govt from timeto time The minimum bench mark for promotion for such postwould be VeryGood The offlcer who is graded as would the officer gradedas VeryGood b9 For promotion to postfallingin GroupA other than Head nfDenartment the minimIlm henoh mark will he Verv 44V A04I1PnrIS6 4P 9 I d6W9411491 H 00A14ePOF44041 0 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document il 1 85 t 1 11 1 I a 17450of2010 1 1 fromtime to timee GroupB the minunum 1 c9 For to post llingin Gooandthereshallbe no supersession on bench markwill be 1 Ii thebasis ofmerit Rule20 readsas under1 of these rules shall 20 Over ridingelTectvThe provlsions thecontrary in any rules r effect anyingto andconditionsof r P for thetime in forcefor the J to publicservice andpostsin with the servicefor 1 0 t affairsofthe state 13 3 1 1 is that 1 L grievance of the in these petitions The 5 by the 2004 Rules of the are the servlce 63of Rule 5 provides for appoint to theservice by Z Sub Rule thoughseniority by the rule of cannot be basisfor uponaforesaid it is alone I are entitledto on thebasisof their CJ contended that the Z except on account of any adverse entries or f11 submittedthat introductionof the etc It is 7 ofGovt Instructionsdated Z bench marks for by virtue mlrumum Qu and amountsto thestatutoryrules By 62001 is totallyillegal applying the the rule of has been which is in law In supportof their 1 to e of this Court contention the have relied upon a as 201001RSJ 19 titled as RaviDutt Mehra relVse State of 0 others wherein the implication ofsame very Govt Instructions dated62001 wasconsideredRelevant observationsare as underl 6e Thestatutoryrules ie roup Ao Service Rules 2008 clearlyprovidesforpromotionto be e on the principleof Petitioners seniorityover and above no 4mn4a mw4 IWe9W V IfoWIleC 4 041P 3 1 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 86 1J l 8e CWi IT0 17450of2010 4 has been is not ln The expresston In the and byvanous Ltd Vs Rameshwar heldthatthejuniorpersoncannot be I l Dass20049 SCT 328 it has unless is shown to senior or againsthim The cannot be are the It is settled oflaw the 1 that once P0 and criteria of lS 1 alteredifIedor made 0 instructions to theextent thestatutoryrulesare 3 Admittedlythere was cannot be taken into or criminalor 5 adverseagainst the nor any 1 againsthimat the time of otherldnd of were t vlm considerationfor his to the post ln The Govt 1 Z takeaway therightof dated692110 does not in any manner t thepetitionerforconsiderationfor on thebasis of seniority jr the socalled Cment If the contentionof the I tochanging the from is it amoun C0 Such a recourse lS Z to in law 33 fl to the latest of The have also 7 Z Apex Court as 201101SCC 422titled as HaryanaState tl and others Vse Jagat Ram and another In Warehousing the aforesaid the Honble SupremeCourtexed the similar issueof on the basis of where an identical ie Regulation829 framed by the HaryanaState Warehousing 4 cOfficers 8 StafORegulations1994which is similar to Rule 5 39of the 8bove service rules came up for consideration Regulation 8 readsas undec rr 829 All unless otherwiseprovidedshall be made onseniorityecunneritbasis and seniorityalone shall not conferany rightto suchpromotions 37 4emW 4P IllllllOell Ie e devIrPn0UWrpl m el Io44M Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 87 1 8m 1 No 17450of 2010 1 earlier titled as State of MysoreVse Syed while Ii BeVeSivaiahand othersVse Mahmood as AIR 1968 SC 1 r andothers as 1998 1 SCC 720 Ic Addanki Babu Ltde as 2004 9 Vse NationalInsurance 1 asAIR SP 91SCC 286 Ram SharmaVse StateofRajasthan VseReva SidhiGraminBank 1967SC 1910 Yadav 0 0 as2006 61SCC 145 held as under f rr There is on record to indicate that JagatRam was 1 C5 ofdischarging hisfunctions in the postofAssistant not capable He was onlyon theground of Z thesuperiorassessmentthat hadbeen madein favourof Ram Kumar in our view runs contraryto theconceptof e which r Cr the contentions raised on behalf of the the Statehas reliedupon amendedRule 18 of the 1994 Rules 0 Z Reliance is placed upon Clause B ofRule 18 introducedvide amendment CQ notificationdated 18 122001 this amendedrule was made 1m3 we 692001 Clause B ofRule 18 dealswith the to Z thepostsfallingin GroupAother than Headofthe DepartmentBy virtue of the amendedRule 18 theconceptof minimum bench marks was introduced for promotionto posts other than the Head of and the minimum bench markprovided was VeryGood as per the Govt Instructionsissuedby the Govt from time to time The Rule lrther that there will be no on the basis of merit Thepurpose for introduction ofamendment in Rule 18 retrospectively from 692001 is to adopt the Govt Instructionsdated62001 earlier issuedby theGovt wherebythe conceptofminimum bench mark was ae nIeee44LWm Wb rl 4eWr4a1 Zmn9991 14R2 vAe eee Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document I l 88 1e 4 43 e10e cv0174500f2010 t Rule60f 1994Ruleswhich 1S Il introducedwithout any statutorybacking also relevant is hereunderl P o l 6 etCe ofrecruitmentand 1 and characterof postsmethod 1 the 62 l andexperience besuchas may be l andthe if any shall 1 4 inthe ServiceRulesmadefor that service 1 t P0 vide NotificationsNo GSl Original rules were 1 1 1 2001 and 1 0 Vide these notifications amendmentshave been 3 5 introduced I The 18 December 2001 1 1 Z 2 In the of the PunjabCivil Services General 1 Common Conditionsof Service 1Rules 1994for the figuressignand n 1 I Class II and Class III thesignandwords GroupA Group words Class I B andGroupC shallbesubstituted The18 December 2001 Z 6ii Theyshall be to have come into force on and witheffectfrom the 6 day 2001e 12 e Z This rule clearly that character of post methodof ll recruitmentandeducational and for to a post in a service etc shallbe as may be specified in the service rules The service rules rther defined in 1994 Rules means a Class4 Class4I C and ClassIII service in connection with the affairs of the State 2g of 1994Rules However theapplication of service nlles 1S under Rule madesubjectto the provisions of 1994Rules as Rule 6 starts with the expressionsubject to theprovisionsof theserules This means that even in the matter of experienceand methodof recruitment as may beprovidedin the serviceruleswill againbe subjectto the 1994 Rules In W 0S104V6X2e 1466 rv41aw4011019w01414e9 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Il 89 1 1 l n 11 cvl No 17450of2010 nl 6 and 18 referredto Rule 20 furthergives additionto therecruitment andconditions 4 7 effectto 1994Rules in respect to of servicefor to publicservice 4 t4 It is also noticedthatRule 80f the2004Rules furthermakes 1 to the extent not for in the 8 1994Rules 4 It1 rules Rule 8 readsas underl 1 1 General and 1 8e of the Punjab Civil Services 11 0 Conditions of Servicel1es 199461In respectofthe maSl 1 i Common 0 rulesthe membersof the 1 which are not in these 1 the of the PunjabCivil Services 0 servlce shallbe by r of ServicelRules 1994as amendedfrom General 8 Common timeto time 31 Z of Rules 6 18 and 20 of the Thus from the conjoint r Rule 80f 2004Rules it appearsthat in all those matters 1994Rules and r theservicerules of 2004 and there is any wherethere is no provision111 r Z under1994Rules 1994Rules proVlSlOIl r will remainsubservientto the 1994Rules will operateand service 7 theserules dealwiththe conditionsof service It is in the Z statutoryprovisionthe of Govt m light of the dated692001 is to be construedBy virtue of amendedRule 18 theconceptof minimum bench has been introducedandRule 18 1 8irther refers to the Govt Instructionsissuedfrop time to time Thus the Cae GovtInstructionsissued form partofthe Rule 18ofthe 1994Rules In the scenarioof the statutoryprovisions by virtue ofRule 18b9minimum bench mark could be providedparticularly in absenceof any to Rule 18 Ob It is not a case where by issuing theexecutive instructions simplicitorthe statutoryrules are beingover ruled ol ell ne 413744Se11IW81 n Il r l On4eIWYeP911eVeVP Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document k t 90 CA 42 V4 1 CWP No 17450of2010 case supra was 1 When the 111Ravi Dutt 1 or to the of the Court that deliveredbythis Court it was not 18was made we when the Govt Instructlons Rule theGovt Instructions was examined 11 and thus thevalidityof were e 11 bein the realmof executiveinstructions the same to no2of instructionsdated 1 in VlW of condition This was 1 viewof However 111 62001 11 0 theGovt Instructionsdated 0 the fact that Rule 18 itself adopts i I the notiflcationdated682001 1 t5 of statutory byvirtue of amended I but attainthe status RaviDutt Mehras cassupr does Z Rulel8 b1 Thus the lll nothelpthe in thepresent case r Even if it that theGovt Instructionsdated 1S I C3 692001 Z to introducethe conceptof minimumbench Rule18 is self CO VeryGood rnarks as the Rule W3 Z GovtInstructionsdated692001 Om Theminimumbenchmarksare by virtue of andnothingmore of the Govt Instructionsthe conceptof Rule180 itselfeEven in VeryGood Gradingof l marks does exist under Rule 18 6b1leCe of employerand is wellwithin its rightto adoptany reea ACRs is forintroductionof the benchmarks by Rule method r 186be I have no hesitationin that all the relevant aspectsand were not while decidingthe statutory caseofRavi Dutt Mehra 6supral J4ea4W4V m ma14md vweeew4nvr a m4a41m9e Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 91 31 3e CWP 17450 of2010 OfrUle of hasalso been The concept 71 1 11 Vse Sat Kshetriya of RajendraKumar and as 2010 11SCC 335 In this case GraminBank and 1 1 of as et the tn HonbleSupremeCourt tn whileconsidering th i k A Y 1 1 0 also well settledthat theprinciple of seniorityvcun 3 1 1 It is direntfrom theprincipleof seniorit and 1 meritfor lS 9 Where ls on the basis of principleof I meritwill not playanypartat all But wherepromotlon lS seniority of is not automaticwith Z on the alone Merit will also play a sigcant role The reference to methodof is to all the eligible the educational I candidatesin the feedergrade of assessmentof a C3 and periodof service9to a process Z thecandidateswho mmunum meritand thenpromote CO are found to possesstheminimum meritstrictlyin the order of seniori 7 Z bysubjecting the candices to a written examinationor an interviewor by d theprevious or by a Ll assessment of their work ofeithertwo or all the threeoftheaforesaid methodsThereis hardandfastrule as to how theminimummerit is to be ascertainedSo no long as the ultimate are based on any processfor theminimumnecessarymerit as a basic will not ascertalnzng nnnee againsttheprinciple ment 13 Thus it is clear thata processwherebyeligiblecandidates theminimum necessary merit in the feederposts is first possesstng ascertainedand thereafterpromotions are madestrictlyin accordancee withseniorityfrom amongthose whopossessthe minimumnecessarymerit lS and accepted as complying with theprincipleof seniority cumamerit Whatwould 0Hendthe rule is a process 0re 0eeeAweumee4 40 0a aw490pW m41 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 92 1 l 14 1 coe 17450 of2010 aremade 1 merit where afterassessing themintmum thecandidates 4 on thebasis of merit insteadof seniorityl fromamong 1 If the criteria adted for 1 the mintmum merit bonde andnot 4 t as being to the ofsenioritye it is not open to hold that mtnlmum qualing We theminimummerit necessaryfordischargi the marksto ascertaln is not violativeoftheconcept by ofthe higherpost A r 23 1 supra9 0 In case of HaryanaStateWarehousing 1 3 theHonbleMr JusticeCyriacJoseph while L as 2011 SCC 422 9 withthe conclusion of Mr Justice Altamas Kabir 1 concurnng r of andobservedas V consideredthe 7 1 1 underl 1 C Thusit is the settledpositionthatthe criterion of 1 4t 22 1 I lS from the criterion andalso 1 Wherethe is based on 1 Z thecriterion of l1 the cannot claim as a matter OO alone If he is foundunfitto of right by virtue of his 1 over W3 the duties of the higherpost he may be passed Z an to him may be Senioriimameritmeans and 1 t Il thatgiventhe minimum necessary merit for elciency of administrationthe senior less meritoriousshall havepriority in the matter and there is no of a rther assessmentof the merit ofthose who were foundto have the nununum necessarymerit for e8iciency 4ara meritthe competentauthority For assessingthe minimum necessary lay down the minimum standard that is required and also can the mode of assessment of merit of the Such assessmentcan be madeby assigningmarks on the basis of appraisalof perforce on the basis of servlce record and interview and the minimum marks which would entitle a person to beconsidered for promotionon the basis of p maryI4sppVIP4rlWIm e00w4paOeae 6 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 1 93 9P 1 15 iNo 17450of2010 CVv2 of 1 the The of fued merit or abenck 1 certain mlnlmum based lS and subjectto thesaid on seniori meritor the fulfilsuch of mintmum thosewhO ed On the other handthe Of benchmark and ability and putsgreater on role Seniority lS glven plays a less are more or less equal onlywhen merit and ability 37 J amongthe r 3 laiddown by the HonbleSupremeCourt 1 Theabove 1 1 from Rule 5 even 1 aJm whenthe willnot be basis for Thus even seniorityalone Z is some elementof merit of applies efficiencyin the C may be required to possessfor which the I It is in thisview of the matter that alonehas not been CJ underRule 5 639 A Z consideredasthe sole basis for even CO by the Honble SupremeCourtin the above P3 cumnerit ase observed Z Rule 18 of 1 Thereis anotherrelevant aspecteven mentioned Om theminimum bench marks have been introduced 1994Rules whereby thebasis of merit that there shall be no supersession on clearly thatwhere the employees are required to Theconceptof this exPreSSiOO 1S 46eee beany further of minimum bench marks there cannot such who acquireminimum benchmarks After merit theemployeeachievedthe bench marks then rule of seniorityhas to prevail and could be the onlyrealistic purpose of this This view hasbeenadopted by thiscourt in CWP Noe14309 of r 6 I IlIZ4eI9PW4 n eeaI4111164WVWW rev amowemmwn 091 Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 94 71 Cl0 17450of2010 46 2010 titled as Dr Darshan Singhvse State ofPunjab othersdecidedon 1152011 on behalfof the thattheyhave It is lastly of their rightof considerationbynot conicating their been cannotbe relieduponto adversereportsandthus all such adversereports deny themthe t are no adversereportsagainst the 0 As a matter of fact 0 belowGood Thoughsome of petitlonersThey have not been I 45 them have beengraded as VeryGood alsoforsome years To supporttheir contentions have reliedupon a of Honble Supreme Z titled as Dev Dutt Vse Union of Court as JeT 2008 01 SC 463 C Ihdia otherse In this case the Honble Supreme Courtissueddirections I allthe entriesin theACRs of a publicservant The for makingavailable 3 Z relevant directionsreadas underl entland not merelya poor or Cll 14 In our opuuon every 7 Z of the State whether in civil judicialpoliceor otherservicexcept the must be communicated to him within a reasonableperiodandit 11 thereis a bench markor notven if there lS makesno difrencewhether no bench marknonecommunication of an entry may adversely act the chances r getting SOmC otherbenefitbecause merit is beingconsideredfor r someother when e6mvdW a person havinga good or average or Yr entrycertainlyhas of beingselected than a person havinga very good or less chances outstandingentry 15 In most services there is a gradationofentrieswhich is usuallyasfollows i Outstanding 6ii VeryGood iio Good vm4rmOe49Pe4 S m 011eWrlorArRr Ieelp4emll44104 r O l Gupta Suruchi 2014.05.16 10: 20 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 95 1 1 1 P4l 117 1 r CW 17450of2010 i 1 ivl Average 1 Fair vil Poor i to6il shouldbe 1 1 of makinga the entrySO that he has an t andsucha must