IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No.172 of 2010 DATE OF DECISION: September 28, 2010 M.S. Walia …..Appellant versus Uttar Haryana Bijli Vitran Nigam Limited and others .....Respondents CORAM:- HON’BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Subhash Ahuja, Advocate for the appellant None for the respondents .. RANJAN GOGOI , J. : (Oral) Heard Shri Ahuja, learned counsel for the appellant. No one has put in appearance on behalf of the respondents. Appellant-writ petitioner is aggrieved by the order dated 7.10.2009 passed by the learned single Judge of this court in Civil Writ Petition No.2614 of 2009 whereby the claim of the appellant-writ petitioner that he was entitled to cross the efficiency bar on 11.5.1983 instead of 1.4.1986, as allowed, was rejected. It is urged before us that the stand taken by the respondents that on 11.5.1983 the appellant did not possess the minimum requirement of 50% good reports (ACRs) has been arrived at by taking into account certain average reports, which were not communicated to him. Relying on the decision of the Apex Court in Dev Dutt vs. Union of India, 2008(5) L.P.A. No.172 of 2010 - 2 - SLR 252, learned counsel has urged that the said average reports should have been communicated to the appellant-writ petitioner. Even if the aforesaid average reports are not to be relied on, the fact remains that the appellant-writ petitioner did not possess 50% good reports as on 11.5.1983 and once the said requirement was achieved on 1.4.1986, he was allowed to cross the efficiency bar. In this regard, the learned single Judge took the view that uncommunicated average reports cannot be treated as good reports so as to enable the petitioner to claim his entitlement with effect from 11.5.1983 instead of 11.4.1986 from which date the benefit was given. In our considered view, no error has been committed by the learned single Judge in rejecting the claim of the appellant-writ petitioner. The LPA is, therefore, not admitted and is accordingly dismissed. ( RANJAN GOGOI ) JUDGE September 28, 2010 ( RAJAN GUPTA ) pc JUDGE 2