Neutral Citation No. - 2025:AHC-LKO:17628 Court No. - 18 Case :- WRIT - A No. - 3335 of 2025 Petitioner :- Ram Murat Respondent :- State Of U.P. Thru. Prin. Secy. State Tax Lko. And 2 Others Counsel for Petitioner :- Prashant Chaurasia Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. With the consent of the respective parties, the present petition is being decided at the admission stage itself. Present petition has been preferred for issuing a direction to the respondents not to treat Special Adverse Entry dated 30.9.2023 as adverse report against the petitioner for the purposes of granting service benefits as per Rule 5 of the U.P. Government Servants (Disposal of Representation against Adverse Annual Confidential Reports and Allied Matters) Rules, 1995 (hereinafter referred to as, the Rules, 1995). Learned Counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Assistant Commissioner in the year 2003. It is further submitted that on 30.9.2023, a Special Adverse Entry has been given to the petitioner for the year 2022-23. Against the entry, he had made a representation on 02.08.2024 before the respondent no. 1, i.e., Principal Secretary, State Tax, Anubhag-4, Civil Secretariat, Lucknow. It is further submitted that in December, 2023 petitioner has competed 26 years of service thus he is entitled and eligible for grant of 3rd A.C.P. and other service benefits in pursuance of the Government Order dated 05.11.2014 but due to Special Adverse Entry, the petitioner may not get the same. On the other hand learned Standing Counsel has submitted that till the Special Adverse Entry passed against the petitioner will not be set aside, he is not entitled for any service benefits. After hearing learned counsel for the parties and going through the records available, it is found that the petitioner has made a representation within 45 days of the communication of the Special Adverse Entry dated 30.9.2023 as per Rule 4(2) of the Rules, 1995. The representation made by the petitioner is to be decided by the Competent Authority or Accepting Authority, as the case may be, within a period of 120 days as per Rule 4 (4) of the Rules, 1995 from the date of expiry of 45 days specified in Sub Rule 3. Sub Rule 3 of Rule 4 of the Rules, 1995 provides that the Competent Authority or Accepting Authority as the case may be, shall within a period not exceeding one week from the date of receipt of the representation under sub-Rule (2), transmit the representation to the appropriate authority, who has recorded the adverse report, for his comments, who shall, within a period not exceeding 45 days from the date of receipt of the representation, furnish his comments to the competent authority or the Accepting Authority, as the case may be. Perusal of aforesaid provisions the maximum period of 165 days is provided to the Competent Authority or the Accepting Authority to take decision on the representation of the delinquent employee against the adverse annual confidential report. In the present case, period of 178 days has already expired. Rule 5 of the Rules, 1995 provides that the adverse entry of a Government Servant will not be considered for the purpose of promotion and other service benefits only on two eventuality firstly, where the adverse report is not communicated and secondly, the representation against the adverse entry has not been decided in accordance with the Rule 4. For convenience, the Rule 5 of the Rules, 1995 is quoted hereinbelow:- "5. Report not to be treated adverse- Except as provided in Rule 56 of the Uttar Pradesh Fundamental Rules contained in Financial Handbook Volume II, Parts II to IV. Where an adverse report is not communicated or a representation against an adverse report has not been disposed of in accordance with Rule 4, such report shall not be treated adverse for the purposes of promotion, crossing of Efficiency Bar and other service matters of the Government Servant concerned. " In the light of the statutory provisions, in case representation of the petitioner has not been decided by the Competent Authority or the Accepting Authority, as the case may be, the Special Adverse Entry dated 30.9.2023 shall not be taken into consideration as adverse for the purpose of grant of service benefits to the petitioner as per Rule 5 of the Rules, 1995. In view of the above, the writ petition stands allowed. Order Date :- 27.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench