Tribunal Judgment

Tribunal Judgment

Uncommunicated adverse remarks in the confidential report of a Government servant will not stand in his way of promotion, in this case to the grade of HSG- II and further promotion to HSG Grade  I Further , minor penalty awarded to an official will not stand in his way of promotion.  

Facts : The Applicants appointed as Postal Assistant in 1965 was transferred to Allahabad Division and Joined there on 23.08.1967.He was promoted to LSG Grade w.e.f. 30.11.1983 after completion of 16 years of service as Postal Assistant in the pay scale of Rs 4500-7000. Second financial upgradation was granted to him under BCR Scheme in the scale of pay of Rs 5000 – 8000 w.e.f. 1-7-1992.

As per norm–based promotion based on seniority cum suitability ,his case was left out for promotion to HSG II.. His name was also left out for promotion from HSG II to HSG I based on the norms. He superannuated on 30.9.2006.In view of his non-promotion to HSG II and I, he filed this OA for his promotion to that grade on the appropriate dates quashing the impugned order of 19-9-2006 of the Appellate Authority refusing to promote him as the minor penalties cannot stand in his way of promotion with all consequential benefits of fixation of pay on the appropriate dates and refix his pension based on that fixation.

The main contention of the applicant is that ,he was not communicated any adverse remark in his CRs as also the minor penalty awarded to him may not stand in the way of his promotion.

The respondents submit that he was not considered fit for norm-based promotion to HSG II based on records. Hence the decision of CPMG was final As regards non-communication of adverse remark in the CRs of the official, no remark is given by respondents.

The Applicant was given average report for the years 2000-2001 and he was graded good for the years 2002-2003 and 2003-2004. He was visited with a minor penalty of stoppage of increments for two months on 20-02.2002; Hence the respondents submit that he has no case for grant of norm based promotion.

Whether the average grading in his CRs which were not informed to him stands in his way of promotion is answered by Apex Court in the case of Dev Dutt v union of India ( 2008 (8)SCC 725 ) It was said that benchmark in the CRs whether it is poor ,fair ,average ,good or very good should be communicated.

Following the decision in Dasidars case, it was held that:

Held: “keeping in view the above rule, it has to be held that the respondents shall consider the case of the Applicant for grant of notional promotion to the grade of HSG II and I without talking into account those un communicated reports which carry below benchmarks grading and if otherwise found suitable, afford the promotion on notional basis without any benefit of actual pay fixation.”

In the result the Applicant is to be promoted if he is otherwise found fit to the grade of HSG II and I ignoring those uncommunicated ACRS which carry grading less than benchmark and without considering the minor penalty awarded to him in 2002. The promotion is on notional basis without any payment of arrears except for his pension fixation and terminal benefits. Six months is given for completion of this order.

  (Onkar nath Tripathi v.Secretary (Posts), Department of Posts, Ministry of Communication and others, 7/2013, date of Judgement 4-10-2012 ) O.A.No 830 of 2008