Re-appearing in interview for promotion

kumarjainn (Querist) 16 September 2011 This query is : Resolved
sir
in govt. service for promotion from one grade to another grade there is procedure for Assessment interview where FCS (flexible complementary scheme ) is enforced - like in scientifci cadre.
The procedure is that after completing five years in a grade a scientist is called to appear for assessment if he satisfies certain eligibiity criteria every year till he is declared fit for promotion.
Suppose an employee is not called to appear in a interview after completing five years in a grade as he did not fulfil the eligibility criteria. Next year he satisfied the eligibility criteria and was called for assessemnt interview and he is declared fit for promotion.
Now if court orders that in the previous year he was illegally not directed to appear in the interview by following illegal eligibility criteria and be considered on the basis of review DPC.

What does this mean.
Has the employee to appear for assessment interview of previous year again. he has already been declared fit for promotion in the subsewquent years interview boardIt is not necessary he will get he same success again. No body can ensure same success in a exam or interview if he is asked to re appear in the exam or interview.
I have never heard one can sit in any exam again after he has cleared that exam. only when somebody fails in a exam then only he is allowed to appear in a exam
kindly advice what to do. should i appear in the interview or bring stay order or leave the interview and later file contempt of court case if the department does not give promotion by review DPC as mentioned in the judgement. the department feels the judge has by mistake written the word "review dpc" as we follow interview system the last years assessment can be done by following the departments procedure
thanks

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R.Ramachandran (Expert) 16 September 2011
There are several aspects in your case.
If you had felt that you had been denied interview earlier due to some illegality, you ought to have represented to your authorities and after waiting for some time, you should have approached the Court for rederssal of your grievance. I think this had not happened, till you appeared for interview the next year and got success.

If you have to be considered for earlier year as per court order, the Administration will surely consider you for interview. According to the established procedure, the assessment is through interview and naturally you have to undergo the interview for the earlier year.

You say, that since you had already cleared the assessment in subsequent year, the question of holding interview again for considering you for promotion in the earlier year does not arise. I do not appreciate your logic. If the only known procedure for consideration is assessment interview, how can one do the assessment without doing the interview?

You say, since you have cleared the interview you should be considered automatically for the earlier year as well. This need not be so. To that extent the Administration is correct in thinking that the Judge simply did not appreciate the established procedure. The order of the judge will be valid and infallible only in the case of any assessment of an employee which is purely based on his annual confidential reports. But where there is an interview, that simplistic solution would not do.

You say that an employee who had succeeded in an interview in the subsequent year there is no guarantee that he will get the same success again.
Agreed. But that argument will not gel in your case. For, in fact you are in a very enviable and advantageous position as far as the assessment interview is concerned. For while everybody gets interviewed immediately after say 5 years or so where with their limited experience they may or may not clear the interview. But in your case, you have added years experience of service apart from the added advantage of having experienced the very interview itself. This advantage was not available to anyone else. It is true, whether you would score the same marks or not in the interview. But you cannot surely fail the interview. If you fail, your very success in the subsequent interview itself would be under doubt.

Yes, it is your right to approach the court for any kind of relief, including for stay.

prabhakar singh (Expert) 16 September 2011
I agree with detailed advise advanced by expert R.Ramachandran

Guest (Expert) 16 September 2011
Dear Kumar,

Any DPC is not a mere formality. The process, if any left during the previous year's eligibility quota and is repeated on review for consideration for propmotion of a candidate has to be completed to complete the formalities to declare a person fit for promotion against that particular year, as any subsequent years select list would not be valid for the purpose of fixation of inter-se seniority amongst the selected candidates of the previous year. If the prescribed process is not completed, any one or all of the previous year's selected candidates, whose seniority is affected due to adjustment of the newly selected candidate, can legally challenge the selection to get that treated null & void.

However, if the candidate does not get slected even on review against the previous year's quota, his select list for the subsequent year would remain valid to get his due place on promotion along with the candidates of that year.

Raj Kumar Makkad (Expert) 16 September 2011
I do agree with logical replies of Ramachandran and Dhingra ji.

kumarjainn (Querist) 16 September 2011
sir
the interview relates to 1998. about 12 years back. I had filed the case in 1998 after representing in the department but it has been disposed off now.

R.Ramachandran (Expert) 16 September 2011
In case you want to avoid the interview, then you have to approach the court and get appropriate clarification.

kumarjainn (Querist) 16 September 2011
sir
1. can i seek clarification now as the case is disposed off.

2. what clarifiation court will give - to take interview or hold DPC

R.Ramachandran (Expert) 16 September 2011
Only when the Court has passed the order, and if that order lacks clarity, you can seek clarification. Before the Court passes any order, how can you seek clarification?

What clarification the court will give - your guess is as good as mine. (When are we going to stop such ....y questions?)

Guest (Expert) 17 September 2011
Respected Shri Ramachandran,

Since the case now stands disposed off, if I am not wrong, he would need to file a fresh case seeking specific relief in connection with his earlier case, as I believe he would not have sought relief from the court on that particular point of exemption from the assessment interview on the basis of the interview he had already cleared for the subsequent promotional process.

Your opinion on this point would also be valuable please.

R.Ramachandran (Expert) 17 September 2011
Dear Mr. Dhingra,
He need not file any fresh case. He can seek clarification of the order already passed. In the application, he has to clearly bring out the difficulties that the order poses and therefore a clarification is required. It is permissible and the Forum will definitely clarify the order.

kumarjainn (Querist) 17 September 2011
sir
the interview is fixed for 27.9.2011. I am afraid the department will be biased and will fail me in the interview. I have written to the department to consider my case by hold review DPC as adviced by court. but department will not accept it. As the case related to promotion in the year 1998.
the problem was that a as per statu tory rule a scientist is eligible for assessment interview if he obtaines 60 percent marks in last five years ACR. department vide executive letter increased the criteria to 80 percent marks. as i obtained 78 percent marks i was not directed to appear in the interview. now the court has said that 60 percent criteria is correct.

now if they fail me in the interview what can i do.

Guest (Expert) 18 September 2011
Respected Ramachandran ji,

Of cource, quite a valuable suggestion for the querist!

Guest (Expert) 18 September 2011
Dear Kumar,

Of course, the department get biased with any court case when an employee fights for his right. Your apprehension is appreciable. To meet with this challenge, the only way out seems to be the approach to the court with the same plea and get direction for the department to honour the interview result, which you already have cleared.

kumarjainn (Querist) 18 September 2011
sir
thanks, i am getting strengty with your replies.

in the judgement the high court has directed for holding review DPC. As such can i write to the department either to hold DPC or postphone interview till new direction from the court is received.
thanks

Guest (Expert) 18 September 2011
The department will definitely not acceed to your request, as there is no such binding for the administration to postpone the interview or to hold review DPC, unless there is a specific direction from the court.

kumarjainn (Querist) 18 September 2011
sir
if i approach the court and it gives direction for the department to honour the interview result as I apprehend the department will be biased - will the department not appeal in the supreme court against this order and further delay the matter for years
thanks

kumarjainn (Querist) 18 September 2011
hello Mr. Dhingra.

As in the judgement the court has given direction to hold review DPC I have written to the department to hold DPC as adviced by the court and do not hold review interview as it is not possible to clear the interview or examination again for any body as I cannot write that they will be biased. Now they will fail me in the interview. since they do not hold the review DPC as ordered by court can I later file contempt appliation that they have not done the review DPC and the conducting of the interview is invalid and illegal and this they have done for their own convenience and its outcome cannot effect my result
thanks

kumarjainn (Querist) 30 September 2011
sir
the department called me appear for review assessment interview . A complete board of eight members with a chairman was constructed. As i have alread received two promotions they decided not to interview me as it will undermine their earlier interview. they asked me to brief the work i had done during the period 93-97
now what will be the outcome of this meeting. will they give me promotion w.e.f.1998 or not. as it was not interview . do they have any ground to deny promotion from 1998 .please clarify

Guest (Expert) 07 October 2011
Naturally, if they try to fail you in the interview, their own credibility will be at stake due to your passing the interview at previous occasion for the same purpose, otherwise their action would show a clear bias on their part.

kumarjainn (Querist) 07 October 2011
sir
thanks, it was nice to receive reply. i was exited to see your reply

the review interview was held on 27th sept.2011. i have not heard anysuhing from the department. how much time i have to wait before writing to them to tell me the result of the review interview.

kumarjainn (Querist) 26 October 2011
sir
the recommendation of the Review Assessment Board 1998 has come and the recommendation is "not yet fit" for promotion

Is there any hope left in this case
in light of the following rules . I may add i have received two promotions one in the year 2001 and another in 2007. both have to be shifted back from 1998 and other on 2003.

1. I had obtained average 77.8% marks in last five years (1993-97) ACR.

2 Rule SRO 34:
The assessment board shall submit its recommendation as "fit for promotion" or "not yet fit" if the overall merit calibre of the candidate as judged by the Assessment Board matches with the qualifying marks required for his residency period the candidate should be recommended as "fit for promotion" otherwise the recommendation would be "not yet fit'.

rule 2: Scientist securing less than 60% marks on an average shall not be eligible for assessment.

I had received a letter from the department before appearing for the assessment board 1998 below:
Mr kumar has been asked to appear for interview/assessment board regarding his work report for the period 1993-97 and not to appear for interview/assessment.It is therefore reiterated that he may please be directed to brief the Review assessment board about his work done.

thus
1. I was not interviewed. only briefed the work.

2. On the basis of my work my superior has marked my ACR every year in last years giving 77.8% marks.

3. If I have obtained more than 60% marks in the interview I have to be recommended as "fit for promotion"

Review board has not taken interview and only assessed my work which has already been assessed in ACR and I have secured 77.8% marks. As the recommendation of review board is "not yet fit" that means interview board has given me less than 60% marks for my work that too without taking interview. How can there be so much difference in the assessment of work by my seniors and the review assessment interview board 1998.
what can i do. should i give representation to the department or i should file contempt of court.. will i get success in contemt case.

Re-appearing in interview for promotion

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