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The applicant joined the service of Employees State Insurance Corporation (ESIC) as a Medical Officer Grade-II in OA-3205/2013 the year 1978, and was promoted as Chief Medical Officer in the year 1991. The Dynamic Assured Career Progression (DACP) Scheme was introduced in the ESIC in the year 2008 to the posts of Senior Administrative Grade (SAG) also, in Pay Band-4 with Grade Pay Rs.10,000/-. The DPC for the vacancies of 2008-09 met on 18.02.2009. The ACRs of five years preceding the year of vacancies were taken into account. On finding that the ACRs of the applicant for that period were below benchmark, the DPC declared her as unfit for being promoted to the SAG. Candidates who were declared fit, were promoted w.e.f. 29.10.2008.

6. We heard Shri Piyush Sharma, learned counsel for the applicant, and Shri Pradeep Kumar, learned counsel for the respondents.

OA-3205/2013

7. The DACP was introduced in ESIC in the year 2008, and the attempt to implement the same took place on 18.02.2009 with the convening of the DPC. Since the exercise was with reference to the vacancies of the year 2008-09, the ACRs for the preceding five years became relevant. The gradation of ACRs for the years 2002-03, 2003-04 and 2007-08 was below benchmark. Therefore, the applicant was treated as unfit. It was the prerogative of the DPC to make its own assessment about the ACRs also. However, the concerned DPC chose to take the ACRs on their face value. Though an attempt was made in the subsequent year by the ESIC to get the case of the applicant re-considered by the DPC, it was not possible in view of the office memorandum dated 06.02.2010 issued by the DoP&T.