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Judgment
The challenge in the present writ appeal is to an order dated 17th March, 2021 passed by the learned Single Judge disposing of W.P.(C) No.9946 of 2021 filed by the present Respondent requiring the Departmental Promotion Committee (DPC) to take into consideration the hard copies of the Performance Appraisal Report (PAR) submitted by the Respondent ‘Off line’.
Mr. M.K. Khuntia, learned Additional Government Advocate argues that by virtue of instructions issued to all the Departments way back on 14th January, 2016 the submission of PAR online for the purposes of promotion became mandatory. He submits that inasmuch as the Respondent did not submit his PAR online, the learned Single Judge could not have compelled the DPC to consider his case for promotion on the basis of the hard copy of the PAR submitted ‘Off line’.
It is seen from the pleadings in the writ petition that the Respondent specifically averred in Para-5 that he was having genuine difficulties in submitting the PAR online “because of non-supply of computer and due to renovation and infrastructure building construction in the office of the PCCF, Orissa”. Further it appears that the Respondent submitted the PAR in hard copy to the Reporting-cum-Reviewing Authority who in turn forwarded it with his remarks to the Accepting and Forwarding Authority. Since it was lying with the latter, the Respondent’s case was not considered for promotion leading him to approach the High Court.
Importantly, the Respondent enclosed with his writ petition copy of a State Government letter dated 25th January, 2021 noting that the employees who are having difficulties in submitting the PAR online and should be permitted to submit hard copies of the same.
Clearly, the above letter of the State Government which has not been disputed by the Appellant, anticipates difficulties in the employees submitting the PAR online even as of January, 2021. In these circumstances, the direction issued by the learned Single Judge to the Appellant to accept the PAR submitted by the Respondent in hard copy and, thereafter, consider his case for promotion does not call for interference.
Accordingly, the writ appeal is dismissed.
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