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17. The previous promotion policy would reveal that in the executive grades, promotion was being effected by following the marking system in which following marks were assigned:

 Qualifications      ..... 20 marks
Experience          ..... 20 marks
ACRs                ..... 40 marks
Performance at      ..... 20 marks
DPC at interview
Total               ..... 100 marks

18. As per the new promotion policy, for promotion in the executive grade the marking system is as under:

 Qualifications       ..... 20 marks
Experience           ..... 20 marks
Performance          ..... 40 marks
rating
DPC Modulation       ..... 20 marks

 

19. DPC Modulation would assign the marks as per the following criteria:
  

5 marks to be awarded on the basis of difficult location posting; 1 mark for service in A category location; 0.5 mark in B category location and 0 mark for service in C category location, for each completed year of service. 15 marks would be allocated in DPC modulation taking into account;

1. Varied experience;

2. Manning/Future Project Requirements;

3. Organisational Requirement;

4. Potential for Growth;

5. Leadership Qualities;

6. 360 degree feed-back.

20. Perusal of the criteria for promotion as per the new promotion policy would reveal that 20 marks which were previously assigned to interviews have been done away with. These 20 marks have now been assigned to DPC modulation. DPC modulation, noted above, shows that allocation of marks have been made completely transparent. I see no reason for anyone to have any grievance on this score.

21. It is a classic case of a person not being happy with any system. Previously, officers had a grievance that interviews were substantive and blue-eyed boys were being favored. To dispel any misgivings, the management has introduced a transparent system, 20 marks assigned to an interview had been replaced with DPC modulation, a completely transparent system of awarding marks.

22. The new criteria for promotion require, as noted above, change over to DPC modulation, which in turn required modulation to be effect on 6 parameters noted above. This required a different method of generating data for rating of an officer. It is called a 360 degree feed back appraisal system.

29. What is relevant for the purposes of the present decision is that the management has introduced a universally accepted appraisal system. It has not created something at its ipsi dixit. That would be the end of judicial review. This Court is not to go into the merits and demerits of the appraisal form. Once a scientifically accepted norm is identified, jurisdiction of the Court to further pry into the matter would come to an end.

30. As noted above in the previous promotion policy qualifications and experience had 20 marks each. They continue to be the same under the new promotion policy. ACR ratings has 40 marks in the new promotion policy, the same as in past. In the previous promotion policy 20 marks were allocated for interview. Under the new promotion policy these 20 marks have been assigned to DPC modulation. As noted above DPC modulation is transparent and is much better, in that has less subjectivity or for that matter not subjectivity at all vis-a-vis an interview.