Department of Personnel & Training
No.22011/5/2013-Estt.(D)
Dated the 9th May, 2014
OFFICE MEMORANDUM
Subject:-
Procedure to be observed by Departmental Promotion Committees (DPCs) -
Assessment of entries and gradings in ACRs/APARs - Reg.
The undersigned is directed to invite
reference to this Department's OM No.22011 / 5/ 86-Estt.D dated 10th April 1989
as modified from time to time wherein detailed guidelines on Departmental
Promotion Committees (DPCs) has been provided. As per extant instructions and
rulings of Hon'ble Supreme Court in various court cases, the Departmental
Promotion Committees enjoy full discretion to devise their own methods and
procedures for objective assessment of the suitability of the candidates who
are to be considered by them. Para 6.2.1 of the OM dated 10th April 1989
provides that the Confidential Rolls (now APARs) are the basic inputs on the
basis of which assessment is to be made by each DPC. The evaluation of CRs (now
APARs) should be fair, just
and non-discriminatory.
2. In terms of this Department's OM
No.35034/7/ 97-Estt.(D) dated 8th February 2002, the DPC is required to
determine the merits of those being assessed for promotion with reference to
the prescribed bench-mark and accordingly grade the officers as 'fit' or Unfit'
only. Only those who are graded 'fit' i.e. who meet the prescribed bench-mark
by the DPC shall be included and arranged in the select panel in order to their
inter-se
seniority in the feeder grade. Those
officers who are graded 'unfit' in terms of prescribed bench-mark by the DPC
shall not be included in the select panel. There is no supersession in
promotion among those who are graded 'fit' by the DPC.
3. Further, all the Ministries/
Departments have time and again been advised by this Department to ensure
compliance of instructions on mandatory provisions regarding proper adverse remarks/below bench-mark gradings
contained in the APARs in a
quasi-judicial manner as prescribed in
this Department's OM No.21011 / 1 / 2005-Estt(A) (Pt.II) dated 14.05.2009, OM No.21011/1/2010-Estt.A dated 13.4.2010 and
OM No.21011/1/ 2005- Estt.A(Pt.II) dated 19.05.2011 before placing the same for
consideration of the DPC. These provisions have been reiterated vide this
Department's O.M. No.21011/1/ 2005-Estt.(A)(Part.III) dated 31St January, 2014
and all the Cadre Controlling Authorities, Ministries/Departments have been
advised to ensure compliance of these
provisions before sending proposals
for consideration of DPCs.
4. It
has been brought to the notice of this Department that in certain cases the
Departmental Promotion Committees while assessing suitability of officers have
given recommendations as 'unfit' on grounds including non-fulfilment of
procedural requirements of disposal of representations preferred on
entries/gradings in APAR.
5. It is reiterated that in discharge of
its statutory functions the respective DPCs are required to determine the
merits of those being considered for promotion with reference to the prescribed
bench-mark, by making its own assessment, on the basis of the entries and
gradings contained in the APARs and other relevant material facts placed before
it, and accordingly grade the officers as 'fit' or 'unfit'. Relevant material
would inter alia include the orders of
the competent authority on the representation of the Government servant on the
entries/ grading in APAR. In the event of the DPC deciding not to take
cognisance of such an order, on the ground that the same is not a speaking
order, the DPC shall make its assessment based on the entries in APAR and other
material including the representation of the Government servant. The DPCs
should substantiate its assessment by giving justifiable and sustainable
reasons
including the cases where the assessment
of the DPC is different from the grading in APAR (original or amended after
representation by the Government servant).
6. All the Ministries/Departments are
requested to give wide circulation to this OM and to ensure that extant
guidelines on the subject are followed scrupulously.
(Mukta
Goel)
DIRECTOR
(E.I)
Department Of Pension & Pensioners
Welfare
No A/25/2008-P&PW (D)dated the 2nd
May, 2014
OFFICE MEMORANDUM
Subject: Implementation of Government's
decision on the recommendations of 5th
Central Pay Commission - Grant of Fixed
Medical Allowance @ RS.100/- p.m.to Central Government pensioners residing in
areas not covered under CGHS.
The undersigned is directed to say that
instructions for grant of Fixed Medical Allowance of Rs. 100/- per month to
Pensioners/Family Pensioners residing in are not covered under CGHS were issued
vide this Department's O.M.NoA5/57/97-P&PW(C) dated 19.12.1997,24.08.1998,
30.12.1998 and 17.04.2000. Instructions were issued vide this Department's O.M.
No. 4/25/2008 P&PW(D) dated 26.05.2010for enhancement of the amount of
Fixed Medical Allowance from Rs. 100/- to Rs.300/- p.m. w.e.f. 1.9.2008.
2. It may take some time in completion of
formalities and process for sanction of family pension after death of existing
pensioner/family pensioner. Representation shave been received in this
Department that, the Fixed Medical Allowance to the subsequent family pensioner
is allowed by some departments/organizations from the date of authorization of
Family Pension. In such cases, the family pensioner does not receive the Fixed
Medical Allowance for the period from the date of eligibility till the date of
authorization of family pension.
3. The matter has been examined in this
Department. It is clarified that in cases where the existing pensioner/family
pensioner was in receipt of Fixed Medical Allowance, the family pensioner
next-in-line may be allowed Fixed Medical Allowance from the same date from
which he becomes eligible for family pension, if he/she otherwise fulfils the
conditions for grant of Fixed Medical Allowance.
(Deepa
Anand)
Under
Secretary to the Govt. of India