Interview for promotion of scientific cadre officers

Querist : Anonymous (Querist) 22 November 2011 This query is : Resolved
Dear Sir,

I am working in a statutory body which is working under the administrative control of Central Govt Ministry of Govt of India.

The office intends to hold DPC meeting for interview for promotion of scientific cadre officers to various scientific posts like Sc` E` to Sc`F`and Sc`F` to Sc`G`on the basis of their ACRs for the period 2005 to 2009 under old FCS(Flexible complementing scheme) of DOPT/VI pay commission. The office held interviews in Dec 2010 (cut off date taken as June 2010) for above posts, but could not complete the interview process for all scientific officers falling due, for certain reasons. Now after 11 months, the process of interview is being completed for remaining officers adding some new names in 2011 after up gradation of old ACRs for some officers and conversion of leave for completion of residency period for some officers (for period 2005 to 2009). Thus the interviews for above posts are being held in Nov 2011 with old FCS, with cut off date as June 2010 and considering ACRs up to 31 March 2009. Some officers are not being called for interview saying their ACRs are below bench mark (as per DOPT OM No 21011/1/2010 dt 13 April 2010 ) when considered up to 31 March 2009.

Is this action of office legally correct -
i) when ACR/APAR of 2010 and 2011 are already available with office
ii) new FCS has come in to force from 01 Jan 2011 as per DOPT circulars
iii) The DPC is supposed to start this process every 6 months time to give fair chance to all employees becoming due for promotion as per FCS, but DPC has failed to complete the process in 6 months time schedule
iv) Same process when initiated in Dec 2009, the cut off date taken was 31 Dec 2009, but when they started in Dec 2010, the cut off date taken was 30 June 2010 instead of 31 Dec 2010. This has deprived a section of officers because ACRs of 2010 has been kept out of consideration.
iv) This type of promotion process being followed impedes the carrier progression of some officers who may get a chance, if APARs of 2010 and 2011 are added to their ACRs of 2005 to 2009. (see DOPT No 22011/1/2011-Estt D dt 11.03.2011)

Incidentally, DOPT is also on the panel of DPC.

Please advice.

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Raj Kumar Makkad (Expert) 22 November 2011
1. It depends upon terms of notification/policy.

2. No query raised.

3. If statutory rule is being violated by officers, you can challenge the action by way of filing writ petition.

4. Discrimination in rules is not available to officers so go to HC.

5. Your query raised in point no. 4 & 5 is same so reply be also read accordingly.