Review assessment board
kumarjainn
(Querist) 26 October 2011
This query is : Resolved
sir
The judgement delivered by High court , delhi reads as follows:
.... Direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion from 1.7.98. we are informed that the petitioner was subsequently given promotion w.e.f.1.7.2001, he shall be given arrears on repromoted post from 1.7.98 to 30.6.2001 and shall also be entitled to consequential benefits of seniority and promotions etc.
The department called me to appear before the Reveiw assessment board 1998. I appeared before the review board on 27.9.11
the recommendation of the Review Assessment Board 1998 has come and the recommendation is "not yet fit" for promotion
Is there any hope left in this case
in light of the following rules .
I may add i have received two promotions one in the year 2001 and another in 2007. both have to be shifted back from 1998 and other on 2003.
1. I had obtained average 77.8% marks in last five years (1993-97) ACR.
2 Rule SRO 34:
The assessment board shall submit its recommendation as "fit for promotion" or "not yet fit" if the overall merit calibre of the candidate as judged by the Assessment Board matches with the qualifying marks required for his residency period the candidate should be recommended as "fit for promotion" otherwise the recommendation would be "not yet fit'.
rule 2: Scientist securing less than 60% marks on an average shall not be eligible for assessment.
I had received a letter from the department before appearing for the assessment board 1998 below:
Mr kumar has been asked to appear for interview/assessment board regarding his work report for the period 1993-97 and not to appear for interview/assessment.It is therefore reiterated that he may please be directed to brief the Review assessment board about his work done.
thus
1. I was not interviewed. only briefed the work.
2. On the basis of my work my superior has marked my ACR every year in last years giving 77.8% marks.
3. If I have obtained more than 60% marks in the interview I have to be recommended as "fit for promotion"
Review board has not taken interview and only assessed my work which has already been assessed in ACR and I have secured 77.8% marks. As the recommendation of review board is "not yet fit" that means interview board has given me less than 60% marks for my work that too without taking interview. How can there be so much difference in the assessment of work by my seniors and the review assessment interview board 1998.
what can i do. should i give representation to the department or i should file contempt of court.. will i get success in contemt case.
Chanchal Nag Chowdhury
(Expert) 26 October 2011
Go back to the HC & file another case stating the facts. The records should be called for by the court & the matter dealt with accordingly. The Board must have given a reasoned order. If the reasons defy the rules or are against natural justice,the case will be decided in your favour.
kumarjainn
(Querist) 26 October 2011
No reason for recommending me as "not yet fit" for promotion from Sc. 'C' to the grade of Sc. 'D' for the year 1998 has been mentioned in office letter dated 21st. October, 2011.
However, it can be clearly concluded from the rules and as that reason for recommending as "not yet fit" can be no other than that I have obtained less than 60% marks as judged by the Assessment Board and as it did not match with the qualifying marks i.e., 60% marks required for the residency period the Review Assesmsment Board recommended me as "Not Yet Fit" for promotion for the year 1998.
The Review Assessment Board, 1998 assessed my work report and awarded me less than 60% marks. My senior officers has assessed my work report and awarded average 77.8% marks in appraisal report. Thus there is a difference of more than 17+% of marks in the Assessment of work reports by my serior officers in appraisal reports and the experts of the Assessment Board. This is a significant difference and it is impossible to occur. A maximum difference of 5% of marks is understandable and a difference of more than 5% marks is beyond imagination. A difference of greater than 17% has to be blindly ruled out and calls for reexamintion of the whole process to find out the error which has crept in. The interview was not held and therefore the marks of the interview could not be added and therefore it has created a big difference of marks awarded by the assessment board and by seniors in appraissal reports resulting in recommendation by the assessment board as "Not Yet Fit" for promotion. In the eabsence of marks of interview added the huge difference will happen like this and is self explainatory and requires immediate rectifhication of the error.
Now should I first give representation to the department on the above ground and request for holding DPC as adviced by court and cancel the result of Assessmehant Board or directly file case in court. I had represented twice to department for holding review DPC instead of review assessment board as review DPC was ordered by court and that was the only just and fair method for considering my case. As department did not agree i was forced to appear in the review interview
pl advice
pl. advice
kumarjainn
(Querist) 15 February 2012
sir
while appraising my ACR for the year 2011 my assessing officer has given me 83percent marks. the reviewing officer has given me 79 percent marks though the comments written by him says that he appreciates my work but it would be better if i have done some more work for practical utility of the work. thus he has appreciated the work and at the same time reduced the marks then finally dirctor marked my ACR and gave me 77 percent marks.
kumarjainn
(Querist) 15 February 2012
thus instead of settling the differnece between the initiating officer and reviewing officers marking in between somewhere 79 and 83 he has further down graded me to 77 percent marks.
it may not be out of place to mention that he was angry when i was asked to appear for assessment for the year 1098 as a direction from high court and he did not attend the assessment board and in his place sent his representative.
kumarjainn
(Querist) 15 February 2012
on what ground can i give my representation is there any court ruling
kumarjainn
(Querist) 19 February 2012
sir
sir
while appraising my ACR for the year 2011 my assessing officer has given me 83percent marks. the reviewing officer has given me 79 percent marks though the comments written by him says that he appreciates my work but it would be better if i have done some more work for practical utility of the work. thus he has appreciated the work and at the same time reduced the marks then finally dirctor marked my ACR and gave me 77 percent marks. on what ground can i give my representation is there any court ruling
