Regarding not consider for macp

Querist : Anonymous (Querist) 18 February 2023 This query is : Resolved
sir I'm eligible for macp in 2021 but in macp my name is not consider bcoz of my apar 2018 is below 6 grading and didn't disclosure to me in 2018 -19 and till now not give me any hard copy nor any chance of representation of below 6 grading and now I took this information through RTi now today I make my representation for not giving me my apar hard copy and no reciept of representation available to higher authority and not give any chance to me in 2019 to represent against grading and not take any self appraisal from me what can I do next as a central government employee

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An employee was deemed ineligible for MACP due to a below-average APAR grading from 2018, which was not communicated to them at the time. Despite this, the grading was used to deny MACP benefits. The employee discovered this via an RTI request and is now seeking recourse. Experts suggest that uncommunicated adverse APARs should typically be ignored, and advise on the next steps for appealing the decision, including potential action through the Central Administrative Tribunal (CAT).

kavksatyanarayana (Expert) 19 February 2023
Did you file an appeal before the Higher authority? If so file a case in CAT, otherwise, file an appeal before the higher authority.

Dr J C Vashista (Expert) 20 February 2023
I concur the opinion and advise of learned expert Mr. Kavksatyanaryana.

Sudhir Kumar, Advocate (Expert) 21 February 2023
I partially disagree.

You have misused RTI for your loss.

Given facts indicate that :-

1. there was below bench mark APAR.
2. It was not communicated.
3. It was used to deny MACP.

This itself was enough for you to submit a representation and then move to CAT and had a fair chance to succeed because the uncommunicated adverse / below bench mark APAR is required to be ignored.
What you have done is that you have corrected the mistake of controlling officer and Administration. You have got it communicated to you and left with15 days time to represent against the same.

So you will not fight to the expunction of below bench mark and then you will start your fight against denial of the MACP.

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