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Nutan Arvind v. U O I

Supreme Court of India · 15 January 1996

Court
Supreme Court of India
Decided
15 January 1996
Case no.
C.A. No. 2546 of 1996
Bench
Ramaswamy, K.
Length
3 pages
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PETITIONER:
SMT. NUTAN ARVIND
Vs.
RESPONDENT:
UNION OF INDIA & ANR.
DATE OF JUDGMENT: 15/01/1996
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (2) 488 JT 1996 (1) 699
1996 SCALE (1)656

ACT

HEADNOTE

JUDGMENT

ORDER

Leave granted.

This appeal by special leave arises from the order dated December 22, 1994 of the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.1796 of 1989.

We had issued notice to the respondents to show to this Court whether the consideration for promotion was on merit and ability or seniority-cum-merit and what was the principle that was fo11owed in grading the Officers by the D.P.C. Pursuant to the said notice, learned counsel for the union of India has brought to our notice the instructions issued by the Gavernment of India and was in vogue prior to May 12, 1988. The Administrative lnstructions contained in Memorandum of the Government dated 17th May, 1957 which was approved by this Court in Union of India etc. vs. Majji Jangamayya etc. [(1977) 2 SCR 28]. This Court had accepted the criteria laid down in those instructions which were as under :

"1. Greater emphasis should be laid

on merit as a criterion.

2. The Departmental Promotion

Committee should first decided the

field of choice, namely, the number

of eligible officers awaiting

promotion who should be considered

for inclusion in the selection

list. An officer of outstanding

merit may be included in the list

even if he is outside the normal

field of choice.

3. The field of choice wherever

possible should extend to 5 to 6

times the number of vacancies

expected.

4. From among such officers those

who are considered unfit for

promotion should be excluded and

the remaining should be classified

as ’outstanding’ ’very good’ and

’good’ on the basis of merit as

determined by their respective

records of service The selection

list should then be prepared by

placing the names of the order of

these three tategories without

disturbing the sefiority inter U

within each category.

5. Promotions should strictly be

iade from such selection list in

the order in which the names are

finally arranged. The selection

list should be periodically

reviewed recoving from the list

names of persons who have been

promoted, and including fresh

names."

On consideration of the above instructions, this Court had held thus :

"The vacancies which occurred prior

to the amended rules would be

governed by the old rules and not

by the amended rules. It is

admitted by counsel for both the

parties that henceforth promotion

to the post of Sub-Registrar, Grade

It will be according to the new

rules on the zonal basis and not on

the Statewide basis and, therefore,

there was no question of

challenging the new rules. But the

question is of filing the vacancies

that occurred prior to the amended

rules. We have not the slightest

doubt that the posts which fell

vacant prior to the amended rules

would be governed by the old rules

and not by the new rules." It is thus the settled law that prior to May 1988 grading used to be done as per Board’s instructions and, therefore, the field of choice was done strictly on the basis of the seniority. Grading is now being done according to the confidential reports on the basis of principle of outstanding’, ’very good’, ’good’ etc. etc. It is srated by the Tribunal in paragraph 14 at page 13 that it had perused the DPC proceedings placed before it and observed thus:

"We shall next consider the

allegations in respect of the DPC.

We have seen the records produced

by the learned counsel for the

respondents which includes the note

to the DPC and the proceedings of

the DPC. The DPC met under the

Chairmanship of Shri Jagdish Rajan,

Member UPSC and included the

Secretary, Department of Revenue,

the Chairman, CBDT and Member CBDT.

The meetings were held on 23rd to

25th and 30th March, 1988. We

notice that the members signed the

proceedings on 30.3.1988 itself.

The records of 141 persons were

considered and a panel of 65

persons was prepared which includes

4 SC candidates. The name of the

applicant does not find a place in

the panel. No officer has been

assessed as ’outstanding’. The

committee had assessed the officers

as either ’Very good’ or

’good’. In some cases, the

assessment was placed in a sealed

cover. The applicant was assessed

as ’Good’. None included in the

panel had the rating ’Good’."

The DPC which is a high-level committee, considered the merits of the respective candidates and the appellant, though considered, was not promoted. It is contended by learned counsel for the appellant that one K.S. Rao was the officer at the relevant time to review the performance of the appellant whereas in fact one Menon had reviewed it. The latter was not competent to review the performance of the appellant and to write the confidentials. We are afraid we cannot go into that question. It is for the DPC to consider at the time when the assessments of the respective candidates is made. When a high-level committee had considered the respective merits of the candidates assessed the grading and considered their cases for promotion, this Court cannot sit over the assessment made by the DPC as an appellate authority. The DPC would come to its own conclusion on the basis of review by an officer and whether he is or is not competent to write the confidentials is for them to decide and call for report from the proper officer. It had done that exercise and found the appellant not fit for promotion. Thus we do not find any manifest error of law for interference.

It is brought to our notice by the learned counsel that since the appellant was superseded for the subsequent period also, she could not file any proceedings in the Tribunal due to the pendency of this matter. If she is aggrieved against such a supersession, this order does not preclude her to agitate her rights according to law.

The appeal is accordingly dismissed. No costs.

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