Assessment by upsc - senior officers' case in high court
Santhosh Kumar
(Querist) 27 May 2018
This query is : Resolved
The mode of assessment in our office for scientists changed from time bound to flexible complimenting scheme and finally to modified flexible complementing scheme w.e.f. June 2014. However, timely DPCs have not taken shape citing administrative delay, due to which several senior officers who stood good chances for career upgradation have failed to get opportunity. Senior officers (3 Nos.) approached CAT for relief, that their assessment be carried out as per old scheme and given a verdict for implementation within six months. The office failed to implement the same within stipulated time. Now, Ministry approached High Court to challenge verdict of CAT, because of which assessment of about 85 Nos. of officers is held up.
Qn.: Is there any way out that assessment of 85 Nos. of Officers be carried out, while the case of 3 Nos. of Senior officers vs. Union of India is not settled. Like any sealed cover procedure option!
K Rajasekharan
(Expert) 27 May 2018
The High Court has ample power to issue a direction to the ministry to proceed with the assessment of the 85 officers subject to the final decision in the appeal relating to 3 senior officers and keep the final decision pending till the judgement, if the former approach the court for the purpose.
In this pending appeal the contentious issue is applicability of the earlier scheme to the 3 officers and in that appeal the 85 officers cannot join with fresh prayers. Therefore the court may not be able to issue any direction which has not been sought for in the prayer-part of the ministry’s appeal.
That an appeal on some issue is pending in the court need not be a reason for not proceeding with the assessment for promotion of some others if the final decision in the appeal may not perceptibly unsettle the administrative action of assessment. The high court is bound to take a course which harms all the three stakeholders least, in this issue.
Guest
(Expert) 27 May 2018
Career for 85 officers cannot be blocked unduly and indefinitely for the sake of 3 officers. DPC cannot be delayed indefinitely merely with the vain plea of a court case, if no stay is there for holding of DPC. The DPC can be held for provisional selection of Officers on the basis of seniority only or the seniority cum fitness, as the RR's may provide, but with appropriate description in the order for promotion of officers that the selection and appointment of officers will be subject to final outcome of the court case.
However, your description lacks clarity. For the purpose of any meaningful opinion, you will have to make clear whether you have talked about assessment by the DPC or for the purpose of APAR.
