The government has to give an opportunity to its employee to present his case if there is an adverse remark in the Annual Confidential Report(ACR) which could hamper his promotion, the Central Administrative Tribunal(CAT)has said.
The tribunal passed the order on a petition of a senior scientist, J P Sharma, working with Indian Council of Agricultural Research(ICAR),alleging that he was deprived of promotion on the basis of an adverse ACR without giving him an opportunity to challenge the report.
The government contended that overall grading in his ACR for last two years was 'average' but denied him the right to representation on the ground that it was not adverse per se.
But, the tribunal did not agree with the government's view and said the employee has the right to be heard in all cases where his prospect of promotion gets adversely affected due to the 'average' grading as he would get promoted only after getting 'very good' grading.
"It is the effect which the entry is having which determines whether it is an adverse one or not. Any entry below the benchmark which deprives someone of eligibility for promotion must be informed about and be given a right to representation," the Bench comprising chairman V K Bali and N D Dayal said.
Source: Zee News
PME Due Date
Master Circular No. 25
Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974
Subject: Implementation of the Recommendations of the Visual Sub-Committee.
6. Periodical re-examination of serving Railway Employees:
6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:
6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.
Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.
(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.
(b) Absence from duty for a period in excess of 90 days.
(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.
If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.
Ammendment: It was ammended in 1993 as below
Age Group PME Due
Age 00-45 every 4yrs
Age 45-55 every 2yrs
Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993
a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of
NRMU 4 you
SMLokhande
6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.
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