In a significant judgment, the Rajasthan High Court at Jaipur ruled in favor of Kailash Chand Gupta, a Junior Engineer employed by Jaipur Vidyut Vitran Nigam Ltd. (JVVNL). The court quashed an order that delayed the grant of his first selection scale by one year due to an incorrect "poor" remark in his Annual Confidential Report (ACR).
Background of the Case
The petitioner, Kailash Chand Gupta, was entitled to receive his first selection scale after completing nine years of service. However, JVVNL extended this period to ten years, citing a "poor" remark in his ACR for the year 2000-01. Gupta challenged this decision through a writ petition (S.B. Civil Writ Petition No. 15625/2010), arguing that the delay was unjustified.
Key Arguments and Court Observations
Gupta’s counsel, Mr. C.P. Sharma, presented the complete ACR obtained under the Right to Information Act, 2005. The records revealed that Gupta was rated as an "average" employee by the reporting, reviewing, and counter-signing authorities. Notably, the reviewing authority had even deemed him qualified for promotion.
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The respondents, represented by Mr. Sandeep Saxena, did not dispute that the criteria for granting the selection scale were no stricter than those for promotion. Given that Gupta’s ACR did not justify the adverse remark, the court found no valid reason for the delay.
Justice Mahendar Kumar Goyal pronounced the judgment on August 11, 2025, stating:
"The petitioner is entitled to the grant of the first selection scale on completion of nine years of service, not ten. The impugned order dated 20.12.2006 is quashed to the extent of the one-year delay."
The court directed JVVNL to comply within twelve weeks, ensuring payment of arrears with 6% interest. Failure to meet the deadline would result in an increased interest rate of 9%, with responsible officers bearing the additional cost.
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This ruling reinforces the principle that administrative decisions must align with documented performance records. It also highlights the importance of transparency, as Gupta’s use of the RTI Act played a pivotal role in securing justice.
For employees facing similar delays due to disputed ACR remarks, this judgment sets a precedent for challenging arbitrary extensions and demanding timely service benefits.
Case Title: Kailash Chand Gupta vs. Jaipur Vidyut Vitran Nigam Ltd. & Others
Case No.:S.B. Civil Writ Petition No. 15625 of 2010
