v MEMBERSHIP VERIFICATION after the revision of Pay scales as per the 6th CPC.
We know the constraints, difficulties and problems in (i) The existing pay scales have to be substituted by
collecting Declaration forms from all members in the new pay and Grade Pay straightaway without
midst of peak summer prevailing with Loo…, General making any reference.
election etc. But we have to do it. The same constraints (ii) Single set of recruitment rules may be formulated
are available to other organisations also. and notified for merged grade.
We are having more leaders and cadres in (iii) Minimum eligibility for promotion etc in a grade
each division/branch. It is quite possible to obtain was prescribed as follows:
100% declaration forms from our members besides
SL. No. Grade Pay Minimum
attracting others by our activities, aims, objects and Qualifying Service
functioning. Our leaders and cadres, as usual, shall From To for promotion
proceed on immediate leave; go round the entire
division; collect declaration forms; Assist SBCO, P4, 1. 1900 2000 3 years
GDS Unions to collect more declarations for their 2. 1900 2400 8 years
unions too;
3. 2000 2400 5 years
We are having the history; Still we are the
sine-qua-non of Postal Employees. We are committed 4. 2400 2800 5 years
to work for the betterment of Postal workers.
5. 2400 4200 10 years
Popularize our activities among the Postal workers.
Compare the CHQ activities and works. We can 6. 2800 4200 6 years
proudly say that 90% of problems brought to the CHQ
7. 4200 4600 5 years
notice had been resolved ; of course except the issues
related to Government policy and programme - Your 8. 4200 4800 6 years
CHQ is the only CHQ contacting the Divisional
9. 4200 5400 8 years
Secretaries frequently; ascertain the problems and
taking appropriate action. Educate and Explain all 10. 4600 4800 2 years
these to the basic workers. We are not only old but
11. 4600 5400 3 years
also youth in activities. We will leave no stone unturned
in mitigating the issues of Postal workers. From the above, the qualifying service of LSG,
We are proud to hear that there is no second HSG II and HSG I may be determined as 5 years, 6
union in Patiala, Faridkot in Punjab Circle. The years and 5 years respectively. It will disturb the
Divisional Secretary, Koppal Karnataka confirmed the present qualifying service of 3 years from LSG to HSG
same. In Delhi Capital, there is no second union in P3 II and 3 years from HSG II to HSG I.
in New Delhi South West Division. We are receiving
We placed our demand to the department to
reports that in many divisions, the Divisional/Branch
follow the present prescribed 3 years of qualifying
Secretaries are taking all out efforts to increase the
service for HSG II & HSG I promotion. The Department
membership around 15 to 20%. Let it be spread to the
has assured to take up the issue and revise the
entire nation. Let us strengthen our capacity of
recruitment rules as per the present qualifying service.
collective bargaining at Division/Circle and All India
levels with our increased membership. v Classification of Posts - Gazette
Notification:
The CHQ will honour by presenting
awards and mementos to the best branches The DOPT & Training vide its Gazette Notification dt.
which enrolled more membership in the next All 09.04.2009 under S. O. 946 (E) has classified the Civil
India conference. Why not, your branch is one Posts with the following revised classification.
among the winner. Time is too short. Act, advance
and achieve the target and intimate the CHQ for BHARTIYA POST
ensuring the award.
v Amendment to Service Rules/ FOOD FOR THOUGHT
Recruitment Rules: -
The DOPT vide its OM No. AB 14017/61/2008-
Estt (RR) dt. 24.03.09 has amended the Service rules
SUBSCRIBE TODAY
BHARTIYA POST 1 JUNE, 2009
Sl. No. Description of Posts Classification of posts
1 (a) A Central Civil post in Cabinet Secretary’s scale (Rs. 90000-fixed), Apex
Scale (Rs.80000-fixed and Higher Administrative Grade plus scale
(Rs.75500-80000) and
(B) A Central Civil Post carrying the following grade pays: - Group A
Rs. 12000, Rs.10000, Rs.8900 and Rs.8700 in the scale of pay of
Rs.37400-67000 in Pay Band-4, and Rs.7600, Rs. 6600 and Rs. 5400 in
the scale of pay of Rs. 15600-39100 in Pay Band – 3
2. A Central Civil Post carrying the following grade pays: -
Rs. 5400, Rs.4800, Rs.4200 in the scale of pay of Rs.9300-34800 in Pay Group B
Band – 2.
3. A Central Civil post carrying the following grade pays: -
Rs.2800, Rs.2400, Rs.2000, Rs.1900 and Rs.1800 in the scale of pay of Group C
Rs.5200-20200 in Pay Band- 1
4. A Central Civil post carrying the following grade pays: - Group D
Rs.1300, Rs.1400, Rs.1600, Rs.1650 in the scale of pay of Rs.4440- (till the posts are upgraded)
7440 in 1S Scale
All posts carrying the Grade pay right from the end of this week. The recruitment rules for HSG I will
Rs.4200/- to Rs.5400/- (Pay band II) are now classified be submitted soon to DOPT for approval.
as Group 'B' as per the above said order. This has created v BCR from the date of completion of 26 years
some confusion about the application of Gazette status service
& others. The said notification was brought into effect Consequent upon the High court, Hyderabad
from 09.04.2009 judgment on the issue, the Department is now pursuing
v Cadre Restructuring & Formation of Anomaly to the modify the orders to grant BCR promotions on
Committee: - completion of 26 years of Service. It is told that the opinion
The proposals for cadre restructuring was of the law ministry has been obtained for this effect.
submitted by us on 02.08.2008 itself. Similarly NFPE has v GDS Pay revision: -
nominated the members for the Anomaly Committee. It The file related to GDS committee
is told that the formation of Anomaly Committee is being implementation has gone to Finance Ministry. No further
delayed due to non submission of nomination of two progress or information is available at present. The
members from FNPO. Similarly, they have not submitted implementation of the Committee's report or Ad hoc
any proposals on cadre review so far. The NFPE payment of arrears etc may be only after the conclusion of
delegation met DDG (Establishment) on 22.04.09 and General Section.
conveyed our concern over the delay in processing the v Three ACP: -
cadre restructuring proposal and formation of anomaly
The File had been returned back by the Election
committee.
Commission with the instructions to cause order after
v Meeting with DDG (Establishment): - the General Election. As such, ACP orders for Government
We met the DDG (Establishment) on 22.04.2009. employees is expected only after the General Election.
The issues like Cadre Restructuring, Road Mileage There after, it should be discussed with the Department
Allowance to Systems Administrators, Doubling of PO & to implement the same to the Postal officials besides
RMS Accountant's Special Allowance, Grant of Special processing the cadre review for ensuring more
Allowance to the Accountants holding TBOP, promotional avenues to the existing employees.
implementation of Group D higher pay for all Group D, v Sixth CPC - National Anomaly Committee:
Stoppage of recovery of OTA amount paid to ineligible
The following items were placed in the National Anomaly
officials, Formation of anomaly committee, Revision of
Committee for discussion
FSC, the recovery case of APM Accounts, Pune H.O due to
overdrawal for Postmen etc were discussed threadbare. (1) Pay Fixation in case of merger of pre-revised pay
The DDG assured for early decisions on all the issues. scale.
v Filling up of Vacant HSG I Posts (2) Issues on revised Pay Rules 2008 like (i) Option (ii)
Special Allowance for fixation purpose on promotion
The DOPT has approved the proposal of the
w.e.f. 01.01.2006 (iii) Existing pay should not be
Department relaxing the HSG I Recruitment Rules again
less than the minimum of upgraded pay scales.
as one time measure and fill up the Posts on adhoc
(iv) Removal of disparity about direct recruits &
basis with the HSG II officials without observing any
promotees (v) Date of next increment between 1st
minimum qualifying service. Similarly, the Present HSG I
Feb to June'06 - Grant one increment as one time
officials promoted on adhoc basis will continue further in
measure (vi) No Tax from arrears for Group D &
the posts. Orders are under issue and is expected before
BHARTIYA POST 2 JUNE, 2009
others be allowed to exercise option to tax arrears Fixed Daily Allowance for stay, Local travel food etc
either on receipt basis or accrual basis. (vii) as before. The proposed DA: -
Temporary status casual labourers - up gradation Grade pay 4800 to 4200 -50% of hotel rates i.e.
by imparting training to non matriculates. Rs.500/- plus 350 for local travel and food i.e.
(3) Benefit on promotion: - Minimum benefit of not less Rs.850/-
than 10% of the pay & Grade pay of the feeder post. Below Rs.4200/- -50% of hotel rates i.e. Rs.350 +
(4) Refixation of pension/Family pension - Para 9 of Rs.350 (i.e.) Rs.700/-
MOP PG & Pensions O.M. dt. 01.09.2008 to be (14) 50% of revised Pay band +Grade Pay not correctly
revised including both paras 4.1. & 4.2 thereof. determined - The revised table worked out & placed
(5) Anomaly in pension for Government servants who with the subjects to correct the irregularities.
retired/died in harness between 1.1.2006 and (15) Revision of Pension of those who are receiving two
1.9.2008. - Application of 6th CPC pensions.
recommendations that pension should be paid at Minimum floor ceiling should apply separately
50% of average emoluments during the past ten to each pension and not to the total of the pension
months or last pay drawn with minimum taken together.
pensionable service of 20years should be made (16) Special Provision for those retired on or after
to them also. 1.1.2006 but retain pre-revised scales of Pay - Such
(6) Commutation of Pension - Suitable amendment to cases may be very few. Provision be made in Para
the table is requested. 13 for suitable amendment/amplification.
(7) Grant Revised Allowance with effect from (17) Commutation of additional pension on
01.01.2006 - All allowances may be granted at the retrospective revision of pension in respect of post
revised rates w. e. f. 1.1.2006. 31.12.2005 retirees - Request to maintain status
(8) Transport Allowance - (i) Below the Grade Pay of Quo by applying the provisions of Rule 10 of CCS
Rs.4200/- should be revised to Rs. 1600 + DA for A/ (commutation of Pension) Rules 1981.
A1 Towns and Rs.1200/- +DA for other towns. (18) Constant Attendant Allowance - Correction/
(ii) Absence of more than a month for disentitling the amendment to the orders about the increase of
employees for TA may be done away with. allowance after the DA crosses 50% is required.
(iii) 50% TA may be counted as wages for (19) Grant of Grade pay of Rs.5400 in PB 2 for Asst.
determining overtime rates. Accounts/Audit officers - Demanded to upgrade the
(9) Revision of Existing Allowance: - Risk Allowance, grade pay of Rs.5400/- in PB II.
Patient care allowance etc. which were withdrawn (20) Revision in Base Index for DA: The base index in
be paid with doubled rates till alternate schemes (2001=100) series for the computation of DA in Pay
are implemented. scale of 6th CPC may be taken as 115.12 and not
(10) Parity in Pension of all Pre 1996 retirees with those 115.76.
who retired on or after 01.01.96 - Notional Pension (21) Child Care Leave - The clarification dt. 18.11.2008
as on 01.01.96 may be revised first as per the 5th may be withdrawn since the 6th CPC had not
CPC and revision of pension be granted with 50% indicated that the leave will be available only in the
of the Grade Pay of the Pay Scale from which retired event of there being no leave at credit.
and not 40% of Basic pension. (22) Cumulative loss in wages as a result of New
(11) Anomaly in Pension to those retiring with in first 9 Fixation Formula on promotion to the next higher
months of 2006 not fully rectified - The period grade: Demanding that the pay of the existing
preceding between 1.10.06 and 30.09.08 should employee shall not be fixed at a stage lower than
be taken as 'Basic Pay multiplied by 1.86 plus the pay at which a fresh recruit appointed on or
notional increase in the basic pay by the Grade pay after 1.1.2006 is fixed.
applicable and not 40% of basic pay in the pre- (23) Fixation of Pay on Promotion: - On promotion to the
revised pay scale. next higher grade pay, an employee should be fixed
(12) Revision of Pension of those retired during the by adding 10% of pay plus the grade pay as
period 01.01.2006 to 01.09.2008 - Not only those demanded by NC/JCM.
retired between 1.1.2006 to 1.9.2008 but even those (24) Denial of monetary benefit in the matter of fixation
who retired prior to 1.1.2006 may be granted full of pay while granting higher replacement scale: -
pension if they had rendered 20 years of service when a post is upgraded the fixation of pay should
(i.e.) 50% of the average emoluments for the last be done on the basis of upgraded pay scale.
10 months or the last pay if that be more beneficial. (25) Reopening of option for fixation of pay on promotion:
(13) Allowance - Daily Allowance on Tour: - Demanding - The existing employees who have been promoted
List of office bearers elected for Haryana Circle in the circle conference
held on 9.05.2009 at Hissar
President : Rajesh Pahlwan, P.A, Bahadurgarh (Rohtak)
Sonepat H.O (Sonepat) 4. Bir Singh, SPM, Lohar Bazar
(Bhiwani)
Vice President 1. Balbir Singh, SPM, Kanak 5. Karan Singh Thakaran, SPM,
Mandi (Rohtak) New Colony (Guragaon)
2. S. K.. Sandhu, PA, Jind HO Financial Secretary : Dev Raj, ME, SPC,
(Karnal) Faridabad (Faridabad)
3. Dev Raj, SPM, Patelnagar Astt. Financial Secy. : Lal Chand, PA, Punjabi
(Hissar) Mohalla Cantt (Ambala)
Circle Secretary : K. K. Saini, SPM, Mini Organizing Gen. Secy.: 1. Shamsher Singh, Acct,
sect, (Hissar) D.O (Kurukshetra)
Astt. Circle Secretary : 1. Naresh Kumar Gupta, 2. Jeet Ram, PA, SPC,
Manager SPC (Ambala) Faridabad (Faridabad)
2. P. D. Saini, P.A, Narnaul
3. Hetram Kataria, P.A,
H.O(Gurgaon)
Govindnagar (Ambala)
3. Ishwar Singh, TBOP P.A,
BHARTIYA POST 18 JUNE, 2009
DONATION RECEIVED BY THE CHQ Karnal (Haryana) 500
(From 05.02.2009 to 06.05.2009) Vadodara West (Gujarat) 1800
The following Branches have responded further Chikodi (Karnataka) 500
and remitted donations to CHQ @ Rs.20/- per Raipur (Chhattisgarh) 1000
membership & more than the prescribed amount. Our Puri (Orissa) 400
Sincere thanks to all of them.
Dhenkanal (Orissa) 1500
Keonjhar (Orissa) 200
Dharmanagar (North East) 1500
Tiruvananthapuram RLO (Kerala) 140
Jamnagar (Gujarat) 1800
Asansol (West Bengal) 1000
Akola (Maharashtra) 500
Mumbai City South (Maharashtra) 3000
Morena (Madhya Pradesh) 600
Kanpur (Uttar Pradesh) 1000
Tadepalligudem (Andhra Pradesh) 600
Khandwa (Madhya Pradesh) 1000
Bhiwani (Haryana) 1000
Srinagar (Jammu & Kashmir) 1000
Durg (Chattishgarh) 1000
Faizabad (Uttar Pradesh) 1000
Guwahati Local (Assam) 1000
Vadodara East (Gujarat) 2000
Guwahati Distt. (Assam) 1600
Dibrugarh (Assam) 1415
Ranchi GPO (Jharkhand) 800
Narsipatnam (Andhra Pradesh) 500
Ranchi Division (Jharkhand) 1000
Com. G. P. Prajapati, Asst. Circle Secretary,
Bellary (Karnataka) 1000
Kalol (North Gujarat) 100
Howrah (West Bengal) 2100
Com. K. M. Ganeshmurthy (Balasore) (Orissa) 500
Sibsagar (Assam) 1333
Kudos to the office bearers & members who
Birbhum (West Bengal) 1000 contributed to CHQ. All other branches are also
Sonitpur/Tezpur (Assam) 800 requested to remit the donation at the earliest.
North Hooghly (West Bengal) 2000 v Doubling of cash handling Allowance to
Chittoor (Andhra Pradesh) 1000 Treasurer, Special Allowance to JAO Qualified officials
Khanna (Punjab) 400 & PO & RMS Accountants
Dehradun (Uttarakhand) 1000 No Specific order is required since the Department
of Posts vide its letter 4-4/2008-PCC dt. 24.10.08 while
Nagpur RLO (Maharashtra) 400
communicating the DOPT OM No.4/6/2008-Estt (Pay II) dt.
Saharasa (Bihar) 1000 01.10.08, stated that the orders are applicable to all special
Parvatipuram (Andhra Pradesh) 5000 Allowance drawn & also the cash handling Allowance. If there
Mumbai City North (Maharashtra) 2400 is any non drawal, the Divisional Secretaries are requested to
make a reference to CHQ.
Varanasi East (Uttar Pradesh) 1000
v Confidential Report, Not a secret one
Aurangabad (Maharashtra) 500 The Central Information Commission, New Delhi while disposing
Barmer (Rajasthan) 1500 a reference of Coimbatore division, Tamilnadu Circle, ordered
Medak (Andhra Pradesh) 620 to supply the copy of the 'Confidential Report' of the applicant
Kolkata Central (West Bengal) 2000 sought under the RTI Act. 'Confedential Report' shall not be the
secret document and it should be supplied on demand to the
Tumluk (West Bengal) 1100
concerned officials, it observed.
Darjelling (West Bengal) 630 v Copy of the valuated Answer Sheet should be
Asansol (west Bengal) 1000 supplied if sought for
Tirunelveli (Tamilnadu) 700 In another case of Mayiladuthurai Division, Tamilnadu
Circle, the Central Information Commissioner, New Delhi directed
Tirunelveli PSD (Tamilnadu) 200
the department to supply the copy of the answer sheets of the
Mumbai City East (Maharashtra) 1000 Departmental examination to the applicant to know about the
Mumbai GPO (Maharashtra) 6600 valuation of marks in his answer sheets. It further observed
Bikaner (Rajasthan) 1200 that however, the names of officers who valuated the answer
Kavali (Andhra Pradesh) 300 papers should not be disclosed.
Many can utilize this provision to verify their answer
Moradabad (Uttar Pradesh) 1408
sheets of the Departmental examination in case if they are having
Mathura (Uttar Pradesh) 600 doubts about valuations of and answer papers.
GDS Branch offices / GDS Sub offices with a GDS BPM / GDS SPM and a GDS official
2 GDS – 1 1.00 - do -
3 GDS – 2 1.00 - do -
1 SPM 3.40
Please note 25 articles are proposed based on time are non-matriculates, the output has been slightly
allowed for registered articles i.e. 2 minutes per article. reduced.
Keeping in view that this training is for Group 'D' who (DG(P) No. 1-55/2009-Trg Dated : 6-4-2009)
(Contd. from page 33) employees. Only then a good governance is possible. These
public administration require that all entries (whether poor, fair, directions do not apply to Military Officers because their position
average, good or V. good) in the annual confidential report of is different. These direction, however, apply to employees of
public servant, whether in civil, judicial, police or any other State statutory authorities, Public Sector Corporation and other
service (except Military) must be communicated to him within a instrumentalities of the State (in addition to Government servants).
reasonable period so that he can make a representation for its 9. Non-communication of entries ACRs of a public servant,
upgradation. This rule prevails even if there may be no rules/G.O. whether he is in Civil, Judicial, Police or any other service (other
prohibiting it, because principles of non-arbitrariness in State than Military) has civil consequences because it may affect his
action as envisaged by Article 14 of the constitution requires chances of promotion or get other benefits. Such non-
such communication. Article 14 overrides all rules of Government communication would be arbitrary and therefore violative of
orders. Article 14 of the Constitution".
8. When an entry is communicated to a public servant, he In view of the above, the judgments of the High Court
should have a right to make a representation to the authorities was set aside. In the meantime as the Appellant, had retired, he
concerned who must decide the representation in a fair manner may be conveyed the "Good" entry in CR 93-94 for his
and within a reasonable period. The representation must be representation and it upgradation. If his representation is allowed
decided by an authority higher than the one who gave that entry, and the entry is upgraded as "V. Good" he may be given promotion
otherwise likelihood is that, the representation would be retrospectively if selected by DPC. His arrears to be paid due to
summarily rejected without adequate consideration. All this would this promotion may be paid with 8% interest per annum.
be summarily rejected without adequate consideration. All this Appeal is allowed as above.
would be conducive to fairness and transparency in public {Dev Dutt v. Union of India and other, 2/2009, Swamysnews
administration and would result in fairness to public servant. The 74, 2008 2) SCC (L&S), 771 date of judgment 12.5.2008)
State must be a model employer and must act fairly towards its Courtesy : Swamysnews February 2009
BHARTIYA POST 28 JUNE, 2009
HEADWISE DETAILS OF INCOME 24 Photostat 18968.00
W.E.F 01.10.2008 TO 31.03.2009 25 Newspapers 1590.00
Quota 508284.00 26 M. R. Claim to General Secretary 7898.30
Bhartiya Post Receipts 198992.00 27 Legal Court Expenses 50000.00
Confederation 1860.00 28 Gifts 4406.00
Quota to NFPE 88007.00 29 Agitational Programmes 3038.00
Donations 472609.00 30 Computer Repairs & Accessories 11212.00
Publication sale 12715.00 31 Ticket Cancellation Charges 2120.00
Sale of old Newspaper 168.00 32 TA/DA for Strike Tour 4420.00
Refund of Loan from Ex- Financial Secretary 5000.00 33 Tarapada Bhawan Maintenance 15834.00
Tarapada Bhawan Receipts 170.00 34 Quota transfer to NFPE 17316.00
1287805.00 35 Bank Charges 686.00
36 Social Security Contributions to Staff 4500.00
HEADWISE DETAILS OF EXPENDITURE 37 Cost of Reference Books 1133.00
W.E.F. 01.10.2008 TO 31.03.2009 38 Audit fee 1000.00
1 Loss of Pay to General Secretary 151174.00 39 Cost of Mobile Phones 12800.00
2 H. Q. Allowance to General Secretary 15000.00 40 Transfer to Confederation 1000.00
3 Bonus & Arrears to General Secretary 8882.00 1268392.87
4 Loss of Pay to Dy. General Secretary 53608.00 Rs. Twelve Lakhs Sixty Eight Thousand Three Hundred
5 Bonus Arrears to Deputy General Secretary 2220.00 Ninty Two and paisa Eighty Seven only
6 H. Q. Allowance to Dy. G. S. 5000.00
7 Pay Commission Arrears to CONSOLIDATED INCOME & EXPENDITURE
Ex G. S, Com. R. N. Chaudhary 37615.00 W.E.F. 01.10.2008 TO 31.03.2008
8 Bonus Arrears to Ex- G. S, Balance on 01.10.2009 = 4355766.78
Com. R. N. Chaudhary 1151.00 RECEIPTS
9 Pay Commission arrears & OCT - 08 269563.00
Bonus arrearsto EX-Dy. G.S & Sundaramoorthy 4000.00 NOV - 08 533938.00
10 TA/DA to Office Bearers DEC - 08 243137.00
General Secretary 57964.00 JAN - 09 94593.00
Deputy General Secreatary 11605.00 FEB - 09 95152.00
Officer Bearers 17600.00 87169.00 MAR - 09 51422.00
11 Pay & Allowances to Staff 1287805.00 1287805.00
Office Assistant 55767.00 5643571.78
Office Attendant 51662.00 Interest on SB & FD Accounts 622176.29
Peon 48738.00 6265748.07
Sweeper 2350.00 158517.00 LESS EXPENDITURE
12 All India Conference 226718.00 OCT - 08 208894.54
13 Cost of Bhartiya Post 176252.00 NOV- 08 154725.76
14 Office Maintenance 10404.00 AIC 226718.00
15 Office Requirements 13379.00 DEC - 08 247526.26
16 Telephone Bills 12091.00 JAN - 09 171637.06
17 Mobile Phone Bills 14740.00 FEB - 09 147740.25
General Secretary 11229.00 MAR-09 111151.00
Deputy General Secretary 650.00 1268392.87 1268392.87
Office Staff 2861.00 4997355.20
18 Laptop Data Card 1319.32 BALANCE AS ON 31.03.2009
19 Electricity/Water Charges 8302.00 Details of Balance as on 31.03.2009
20 Conveyance Charges FD A/c Syndicate Bank 4000000.00
General Secretary 22210.00 Syndicate Bank SB A/c No. 90742010070474 981380.60
Deputy General Secretary 680.00 Cash in Hand = 15974.60
4997355.20
Financial Secretary 16000.00
Forty Nine Lakhs Ninety Seven Thousand Three Hundred
Asstt. Financial Secretary 3000.00
Fifty Five & Paisa Twenty Only
Staff 1889.00 43779.00
Sd/- Sd/-
21 Postage Charges 63844.00 Financial Secretary General Secretary
22 Stationaries 3897.00
23 Sumptuaries 11410.25
BHARTIYA POST 29 JUNE, 2009
CASE LAW - AN IMPORTANT SUPREME COURT JUDGMENT ON
APPLICATION OF BENCH MARKS ON PROMOTION
1. When an entry in the confidential report of a for promotion. Nomenclature is not relevant; it is the effect which
Government servant is going to affect his further career the entry is having which determines whether it is an adverse or
prospects, it should be communicated to the employee not. It is thus the rigours of the entry which is important, not the
even if it is not an adverse remark. phraseology. Grant of "Good" entry is of no satisfaction to an
incumbent if it in fact makes him in eligible for promotion or has an
2. All gradings in the confidential reports are to
adverse effect on his chances. "Good" entry should have been
be communicated to adhere to the principles of natural
communicated to the Appellant so as to enable him to make a
justice within a reasonable period after CRs are finalized
representation praying that the said entry for the year 1993-94
Facts: The Appellant joined Border Road Engineering Services should be upgraded from "good" to "Very Good". After considering
as Group 'A' Officer. The Border Road Group 'A'. Services Rules such a representation, It was open to the authority concerned to
governs the service. He was promoted as Executive Engineer reject the representation and confirm the "good" entry (though in
on 22.2.1988. He is eligible for further promotion as a fair manner), but at least an opportunity of making such a
Superintendent Engineer after five years of service as Executive representation should have been given to the Appellant and that
Engineer from 21.2.1993. But he was overlooked for promotion would only have been possible had the Appellant been
and his juniors were promoted as Superintendent Engineer on communicated "good' entry. Non-communication of 'good" entry
the ground he obtained only 'Good" grading in CR for the year was arbitrary and hence illegal.
1993-94. For promotion as Superintendent Engineer, he should
2. Every entry (not merely a poor or adverse entry)
have got the grading of "Very Good" which is the benchmark in
relating to an employee under the state or an instrumentality of
terms of the OM, dated 10.4.1989 and hence he was overlooked.
the state, whether in Civil, Judicial, Police or other service (except
The grading of good was also not communicated to him. Hence
the Military) must be communicated to him within a reasonable
he filed a writ petition in Gauhati High Court which by its Order,
period and it makes no difference whether there is a benchmark
dated 26.11.2001 in W.P. No.447 of 2001 dismissed his application.
or not. Even if there is no benchmark, non-communication of an
Hence the present appeal lies before the Supreme Court.
entry may adversely affect the employees' chances of promotion
The legal issue involved in this case was whether (or getting some other benefits) because when comparative
"good" entry n the ACR which adversely affected the Appellant's merit is being considered for promotion (or getting some other
promotion ought to have been communicated to him so as to benefits) a person having a 'Good' or 'Average' or 'Fair' entry,
afford him an opportunity of making representation against it. certainly has a less chances of being selected than a person
Communication of Government of India, dated 10/11.9.1987 having "Very Good" or "outstanding' entry. In most of the services,
provides for communication of only adverse entries in the gradation of entries usually is, (i) Outstanding (ii) Very Good, (iii)
confidential report is to be communicated. Good, (iv) Average, (V) Fair and (Vi) Poor. A person getting any
The Appellant argued that non-communication of of the entries at Serial Nos. (ii) to (Vi) should be communicated
grading "Good" affected him against which he could have such entries so that he has an opportunity of making a
represented. That non-communication violated the principles of representation praying for its upgradation, and such a
natural justice. representation must be decided fairly and within a reasonable
The Respondent submitted that only adverse entries period by the authority concerned. If it is to be held that only
are to be communicated as per standing instructions. As 'Good' 'poor' entry is to be communicated, consequences would be that
is not an adverse entry, it need not be communicated. To state persons getting "Fair, Average, good or Very Good" entries would
so, the Respondents relied on the case of Vijay Kumar v. State of not be able to represent for it upgradations and this may
Maharashtra [1988 SCC (L&S) 42] to state only non-communicated subsequently adversely affect their chances of promotion (or
adverse entries only cannot form the foundation to deny get some other benefits). If Office memorandum, dated 10/
promotion. In the case of State of Gujarat v. Suryakant Chunilal 11.9.1987 is interpreted to mean that only adverse entries (i.e.
Shah [1999 SCC (L&S) 317], it was held that adverse entries 'poor' entry) need to be communicated and not "fair, average or
only are to be communicated to improve his performance and to good" entries, it would become arbitrary (and hence illegal) since
represent against it. Other entries not adverse need not be it may adversely affect the incumbent's chances of promotion or
communicated. get some other benefit.
The views of the Respondent was not agreed to by 3. Every entry in the ACR of a public servant mush be
the Apex Court and in its opinion all entries from bad to outstanding communicated to him within a reasonable period, whether it is a
are to be communicated. An opportunity need to be given to "poor", "Fair", " Average", "Good" or "V.Good" entry. This is
represent if any of the entries are detrimental to his progress. because non-communication of such an entry may adversely
In view of the above, the observation of the Apex affect the employee in two ways: (i) Had the entry been
Court are noted as below: - communicated to him, he would know about the assessment of
his work and conduct by his superiors which would enable him
Held: "1. In this situation, the "good" entry is in fact adverse
to improve his work in future; (ii) he would have an opportunity
entry because it eliminates the candidate from being considered
of making a representation against the entry ihhe feels it is
¼i`"B2dk'ks"k½
fnolksadkvodk'klkFkghnksfnoldkizfrcaf/krvodk'k djldsA,u-,Q-ih-bZ-,dvkUnksyugSftldsfy,dbZ
feykANFPTE usghloZizFkedsUnzh;deZpkfj;ksaadsfy, 'kghngq,gSaA;gdsoycM+kla?kghughgScfYdblesalHkh
cksul dh ekax dh vkSj bls izkIr Hkh fd;k x;kA tc deZpkfj;ksadkfo'oklgSAtksfdblla?kdhvkRekgSaA
dsUnzh;deZpkfj;ksaadks,slhdksbZinksUufrfeyrhughaFkh pfy,gevkSjvf/kdlnL;cukdjviuslaxBu
rcNFPTEusnks&nksinksUufrdksizkIrfd;kA dksvkSjetcwrcukrsgSaAMkdr`rh;tks,u-,Q-ih-bZ-ls
P&T dsfodkldsckn,u-,Q-ih-bZ-ghlHkh ekU;rkizkIrgSviuhc<+hgqbZlnL;rkdslkFk[kM+kgks
dSMjksadkusr`RodjusokyklaxBugSAekU;rkizkIr;wfu;uksa ldsA
dsvraxZriwjh,drkgSAoMkdfoHkkxdksthforj[kusds gk¡];glEHkogSizR;sdmllnL;rdigqapstks
fy,,dtqVjgrsgSA u,lfEefyrgq,gSAviusLof.kZebfrgkldsckjsesa
,u-,Q-ih-bZ-usljdkjvkSjvQlj'kkghdsdbZ ckrdjsavkSjcrk,adhLVkQleL;kvksaijdksbZle>kSrk
izgkjksadkslgudjrsgq,vkxsdnec<+k;kgSD;ksafdbldh ughagksxkAgekjsiqjkuslkfFk;ksadsikltk,satksigys
tM+ksesa,drkgSao;glksple>djfu.kZ;ysrhgSAblus fdlhdkj.ko'kgelsvyxgksx,Fks]mUgsaokilyk,a
viusvknksyuksalsdbZ,slsfu.kZ;ksadkfojks/kfd;ktks muds csgrj Hkfo"; ds fy,A pfy, ge viuh rkdr
pqukodsnkSjkufdlhO;fDrxrQk;nsdsfy,fd,tkjgs c<+krsgSavkSjviusla?k"kZdsiFkijvxzljgksrsgSaA
gksvkSjcknesa,u-,Q-ih-bZ-dksghijs'kkudjldsA vxjizR;sdlnL;dksblhizdkjlsljkgktk,rks;g
,u-,Q-ih-bZ-deZpkjhJs.khdh,dek=klaLFkkgS fuf'pr :i ls gj ,d dk;Z laHko gSA
tksHkkr`Roesafo'oklj[krhgSA;gviuslHkhfu.kZ;[kqys laxfBrjfg,]laxfBrjfg,
fodYiksadksysdjoiwjhrjglksple>djdjrhgSAbldk vkSjlaxfBrjfg,
y{;ges'kklxaBudh,drkjgkgSaljdkjhfoHkkxdsfy, ,u-,Q-ih-bZ-lsekU;rkizkIrAIPEUxzqi‘C’
gekjhuhfr;kaurksMjokyhjghgSavkSjughmudsfgresa dslnL;gkusijxkSjkfUorjfg,A
lkspusdsfy,];gges'kkeqíksadhizo`frijfuHkZjdjrkgSA
deZpkfj;ksaolnL;ksaesadwV&dwVdjHkjhlH;rk]
vkRefo'okl]Hkkr`Ro]la?k"kZdhHkkoukvkfn,u-,Q-ih-bZ-