Summary
CSIR denied financial upgradation and promotion on below-benchmark ACRs that had not been communicated in time, and later failed to consider the employee’s representation. Its autonomous status and prospective adoption of departmental memoranda did not excuse non-compliance with the Supreme Court’s binding requirement to communicate all ACR entries. The Court ordered representation and reconsideration, preserving the screening benchmark and making consequential benefits conditional on a favourable outcome.
Issues
- Whether CSIR’s autonomy or adoption date for departmental memoranda excused failure to communicate below-benchmark ACRs.
- What reconsideration and consequential relief followed non-communication and failure to decide the representation.
Held
- Every ACR entry must be communicated within a reasonable period so that an employee may seek its upgradation. The requirement of fair administration and transparency applies to statutory authorities, public-sector bodies and other State instrumentalities, including CSIR. (¶¶ 13, 14, 15, 16, 18)
- Non-communication deprived the employee of representation before financial-upgradation screening. Although later given an opportunity before regular promotion, his representation was not considered. CSIR’s autonomy could not justify disregard of binding Supreme Court law. (¶¶ 17, 18)
- MACP benefit is not automatic: the prescribed benchmark must be satisfied. The employee was given four weeks to represent; the respondents must decide and communicate the outcome within two months thereafter and consider financial upgradation afresh on that basis. If ACRs are upgraded, financial-upgradation determination must follow within three months thereafter. (¶¶ 20, 21)
- If the relevant ACRs are upgraded, the DPC must expeditiously reconsider promotion with reference to the date his junior was promoted. All consequential benefits follow only if his case is favourably considered and the relevant upgradation or promotion granted. (¶¶ 22, 23)
Result
Appeal allowed and High Court judgment set aside. Representation and fresh consideration of financial upgradation and, conditionally, promotion directed within the specified framework. Consequential benefits conditional on favourable consideration. No order as to costs; pending applications disposed of.