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(xii) O.A. No. 2421/2019 titled Kripal Singh vs. The Secretary, Min. of Housing and Urban Affairs & Ors. dated 29.05.2024 passed by the Tribunal.
8. We have heard learned counsel for both the parties and perused the material available on record.
9 ANALYSIS :
9.1 For the sake of clarity, ACRs/APARs and brief details of the applicants in each O.A are as under:-20
Item No.43/ Court-V O.A. No.3019/2024 & batch Name & Design. Date of Birth Years APARs Grading Bernadette Barla, 03.04.1955 2004-05 Very Good Principal (Retd.), Emp. ID- 2005-06 Good 19915323 2006-07 Good 2007-08 Good 2008-09 Not reported/N A 2009-10 Not reported/N A 2010-11 Very Good The applicant was appointed to the post of Principal w.e.f 19.01.2002 through UPSC and retired from the post of Principal on 30.04.2015 as per OA of the applicant. The case of the applicant was considered and accordingly ACRs/ APARs of last 5 years (i.e. 2006-07, 2007-08, 2008-09, 2009-10 & 2010-11) were required to be considered as per the guidelines of MACP scheme issued by DoPT. Since the APARs/ ACR for the years 2008-09 & 2009-10 were not reported/not available so the AP ARs/ ACRs for the years 2004-05 & 2005-06 were considered.
However, ACRs/ APARs for the year 2005:-06 & 2006-07 of the officer was below benchmark and her name was rejected for Item No.43/ Court-V O.A. No.3019/2024 & batch grant of MACP. Further, the Applicant has retired on 30.04.2015.
Name & Design. Date of Birth Years APARs
Grading
Poonam Khullar, 05.01.1956 2004-05 Good
Principal (Retd.),
(Emp. 2005-06 Very Good
ID197900625) 2006-07 Good
01.04.200 Not
7- available as
25.04.200 per record
26.04.207 Good
-
31.03.200
2008-09 Very Good
2009-10 Outstanding
Jyoti Gulati, 22.07.1956 2004-05 Good
Principal (Retd.)
2005-06 Very Good
2006-07 Very Good
2007-08 Very Good
2008-09 Good
Madhu Anand, 04.06.1956 2004-05 Good
Principal (Retd,)
2005-06 Very Good
2006-07 Very Good
2007-08 Good
2008-09 Very Good
Item No.43/ Court-V O.A. No.3019/2024 & batch
Kamlesh Malik, 14.01.1955 2004-05 Good
Principal (Retd.
2005-06 Very Good
2006-07 Good
2007-08 Very Good
2008-09 Very Good
Name & Design. Date of Birth Years APARs
Grading
Suresh Kumar 12.10.1962 2014-15 Good
Kashyap,
Principal (Retd.) 2015-16 Good
2016-17 Very Good
2017-18 Very Good
2018-19 Very Good
The applicant was appointed to the post of PGT, thereafter promoted to the post of Vice Principal and then to the post of Principal. The applicant has retired on 31.10.2022 and all service records were in his knowledge. The case of the applicant was considered for grant of MACP and accordingly, ACRs/APARs of last 5 years (i.e. 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19) were required to be considered as per guidelines of MACP scheme issued by DoPT. However, ACRs/ APARs for the year 2014-15 & 2015-16 of the officer were below benchmark and thus his case was rejected for grant of MACP.
10. CONCLUSION 10.1 Post-recommendations of the Seventh Pay Commission, the benchmark grading in Annual Performance Appraisal Reports (APARs) plays a crucial role in determining eligibility for financial upgradation under the Modified Assured Career Progression (MACP) Scheme. It has been mandated that the prescribed benchmark for all levels, effective from 25.07.2016, shall be "Very Good." This revised benchmark applies to APARs for the year 2016-17 and subsequent years.
(i) If a particular MACP falls due before 25.07.2016, the corresponding benchmarks for APAR, ACR, and APAR grading of Item No.43/ Court-V O.A. No.3019/2024 & batch "Good" for the immediately preceding five years shall be treated as "Very Good" in terms of the clarification dated 04.10.2012. 10.2 If a particular MACP falls due on or after 25.07.2016, the corresponding benchmarks for APAR, ACR, and APAR grading of "Good" for the period 2012-13 to 2015-16 shall be treated as "Very Good."