Latest DoPT Orders 2020
Below benchmark ACRs prior to the reporting period 2008-09 need to be disclosed to the officer reported upon for his representation, as are reckonable for assessment of fitness in future DPCs
No.43012/1/2015-Esttt.(A-II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi
Dated the 21st April, 2020
Office Memorandum
Subject : Disclosure of below benchmark grading in ACRs prior to the reporting period 2008-09 and objective consideration of representation by the competent authority against remarks in the ACR or for upgradation of the final grading.
The Department of Personnel & Training had vide OM No. 21011 /1/2005-Estt (A) (Pt-II) dated 14.05.2009, issued instructions regarding maintenance and preparation of Annual Performance Appraisal Reports. It was inter-alia stated therein that full APAR, including the overall grading and assessment of integrity, shall be communicated to the concerned officer. The new system of communicating entries in the APAR was made applicable prospectively with effect from the reporting period 2008-09.
Also check: Retirement of Government Employees on 31st March 2020
2. Subsequently, this Department vide O.M. No.21011/1/ 2010-Estt.A dated 13.04.2010 issued instructions regarding disclosure of below benchmark gradings in ACRs of the period prior to 2008-09, providing that if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09, which would be reckonable for assessment of his fitness in such future DPCs, contain final grading which are below benchmark. for his next promotion, before such ACRs are placed before the DPC, the concerned employee will be given a copy of the relevant ACR for his representation, if any, within 15 days of such communication. It was clearly stated therein that only below benchmark ACR for the period relevant to promotion need be sent to the officer reported upon and there is no need to send below benchmark ACRs of other years.
3. References are being received in this Department from various Ministries / Departments seeking comments / views on disclosure of below benchmark ACRs of the period prior to 2008-09, which have already been considered by DPC prior to 13.04.2010, for promotion to a post/ grade, for a representation and holding review DPC after due consideration of such representation.
4. The matter has been considered in this Department and it is felt that acceding to the request for disclosure of below benchmark gradings in ACRs for the period prior to 2008-09 will open flood gates and a large number of employees, both serving and retired, may come up with a request for disclosure of their ACRs of old periods, resulting into administrative difficulties and chaos. It is, therefore, reiterated that only such below benchmark ACRs prior to the reporting period 2008-09 need to be disclosed to the officer reported upon for his representation, as are reckonable for assessment of fitness in future DPCs. In other words, below benchmark grading in the ACRs for the period prior to 2008-09 need not be disclosed to the officer reported upon, if the same are not reckonable for future DPCs.
5. This Department may be consulted in case of any deviation from the aforesaid instructions.
(Kabindra Joshi)
Director (E-II)
V. K. Vashisht says
Sir
A Govt SERVANT V gets retrospective promotion as Dy Secretary wef 16.10.2007 vis a vis his Juniors under CAT orders on 14.10.2016 after 9 years. His junior before& after 16.10.2007 further promoted to next higher grade to Director on 11.08.2010 again other juniors in years 2011 and 2012 prior to retirement on 30.09.2012. In non of these DPCs for promotion to Director convened after 13.04.2010 V was considered.
All ACRs/APAR of V reckoned in DPCs in 2010 2011 2012 to promotion to Director after 13.04.2010 viz for years 2004-05 2005-06,2006-07,2007-08,2008-09 further of (2009-10, 2010-2011) meet the benchmark of Very Good.
Is there any mandatory requirement again of the order or Directions from CAT to review DPC of 2010 w011 2012 where juniors were promoted and senior was not even considered in any of Zones of Consideration.
Dy Secy V wef 16.10.2010 has been pushed to the doors of CAT DHCmay also to SC as UOI does not find any grounds to review DPCs under the provisions DOP&T OM 22013/1/97-Estt(D) Dated 13th April 1998.
In this regard, V has sent an email to MOS Dr. Jitender Singh to save V from being pushed to the doors of Courts which has not been acknowledged during Lockdown.