INDIAN OIL OFFICERS’ ASSOCIATION

(Registered under the trade unions act, 1926)

EXPANDED REGIONAL COMMITTEE, NR
Office of the Regional Secretary
Phones: 011-26522066 (D), 011-26518080 Extn 1015, 011-26523207 (D)
91-9868262494 (M)

Communication No. 43 dated15.06.2009

Dear members,

You may be aware about the Judgment of the H’onble Supreme Court of India
which was delivered on 12th May, 2008 in the case of Sh. Dev Dutt –vs- Union
of India on the issue of not communicating the entry of his final rating of APA
(Annual Performance Appraisal) to him by the Government.

Sh. Dev Dutt was in service of Border Roads Engineering Service and
promoted as Executive Engineer. He was eligible to consider for promotion to
the post of Superintending Engineer on completion of 5 years on the grade of
Executive Engineer. Though, his name was included in the list of candidates
eligible for promotion but the Departmental Promotion Committee (DPC) in its
meeting did not considered him for promotion while his juniors were
promoted to the rank of Superintending Engineer. DPC did not considered Sh.
Dev Dutt for promotion, as he did not have “Very good” entry in his all APAs
during last 5 years. In other words, only those candidates who had very good
entries in their APAs for the last five years would be considered for promotion.
The grievance of Sh. Dev Dutt that he was not communicated the “good”
entry in his APA and hence was deprived for making representation for
making upgrading his APA rating from “good” to “very good” and thus the
rules of natural justice have been violated.

Hence, Sh. Dev Dutt filed a writ petition before the Gauhati High Court, which
was dismissed, and his appeal before the Division Bench also failed. After that
Sh. Dev Dutt filed appeal by special leave before Supreme Court of India.

As per Ho’nble Supreme court Judgment, henceforth, APA rating of

Very- Good, Good, Average, Fair & Poor should be communicated to
the concerned person so that he will have an opportunity of making
a representation praying for its up-gradation. Further, the Hon’ble
Court has directed that such representation must be decided fairly
and within a reasonable period by the concerned authority.

We all are aware that some superiors give bad APA rating to good officers
due to personal vendetta. The Hon’ble court has also observed that
bad APA rating of an officer may be due personal Pique of his
superior or because the superiors asks him to do something wrong
which the officer refused, or because the officer refused to do the
sycophancy of the superior or because of the cast or communal
prejudice, or for some other extraneous consideration. This is true in
many of the PSUS.

1
 INDIAN OIL OFFICERS’ ASSOCIATION
(Registered under the trade unions act, 1926)
EXPANDED REGIONAL COMMITTEE, NR
Office of the Regional Secretary
Phones: 011-26522066 (D), 011-26518080 Extn 1015, 011-26523207 (D)
91-9868262494 (M)

The Court has observed that Communication of APA rating and giving
opportunity to represent against them is particularly important on higher post
which are in a Pyramidical structure, where often the principal of elimination
is followed in selection for promotion and even a single bad entry can destroy
the career of an officer who has, otherwise, been outstanding throughout.
This often results in grave injustice and heart burning, and may shatter the
morale of many good officers who are superseded due to this arbitrariness,
while officers of inferior merit may be promoted.

The judgment of the H’nble Supreme Court of India has already been
circulated to many of you by us in the past. However, the same is
again being attached with this communication.

Though, the judgment was delivered almost a year back but it is yet to be
implemented by many CPSUs. Needless to mention that H’onble Court has
directed that the above decision will apply to employees of statutory
authorities, public sector corporations in addition to Government Servants but
will not apply to military officers.

We are happy to inform you that in this regard, DPE has issued Office
Memorandum dated 28.05.2009 to Chief Executives of Central Public Sector
Enterprises for the compliance of the decision of the H’onble Supreme court
of India. The copy of the said Office Memorandum dated 28.05.2009
issued by DPE is also attached with this communication.

We hope that after the implementation of the decision of H’nble Supreme

Court, the justice will be delivered to those who are being victimized by his
superiors purely due to personal vendetta.

Update on Association front will be communicated separately during this

week.

Sincere regards,

(MUKUL KUMAR)
REGIONAL SECRETARY, NR