2019 (6) TMI 552

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....INA CALLA, AGP ORAL ORDER 1. The present writ petition has been filed praying for directing the respondent authority to grant the benefit of the first higher payscale to the petitioner with effect from 15.02.1991 instead of 17.09.1992. 2. Learned advocate Mr.Majmudar for the petitioner has submitted that the higher pay-scale to the petitioner has been denied on the ground of adverse remar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aring for the State has submitted that the petitioner is not entitled for the higher pay-scale with effect from 1991 as she has been rightly granted from 17.09.1992 since there were adverse remarks in confidential report for the period from 01.04.1986 to 31.03.1987 which were communicated on 06.07.1987. She has submitted that the petitioner has not chosen to challenge the same at the relevant time....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es for the respective parties. 7. It is not in dispute that the petitioner was communicated the adverse remarks for the period of 01.04.1986 to 31.03.1987 vide communication dated 06.07.1987. The petitioner did not choose to challenge the same at the relevant period and had accepted the adverse remarks made in her confidential report. 8. The aforesaid adverse remarks have proved fatal to the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....urt, the reliance placed on the aforenoted judgments cannot rescue the petitioner in wake of the fact that the petitioner has not challenged the communication dated 06.07.1987 communicating the adverse remarks. Clause 3 of the resolution dated 11.12.1995, specifies that an employee who becomes eligible before 5.7.1991, her confidential reports for the years prior to such date are required to be co....