30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

 Model Representation – Appeal against APAR entries written by an officer who is closed relative.

 Another representation against grading in the APAR. The reporting authority is a close relative of the official. He is barred to write APAR as per the rules. This was pointed out and the grading was cancelled and enhanced on appeal.

I earnestly submit the following appeal against the impugned grading in the APAR for the period pertaining to 1.4.2018 to 31.3.2019 for your kind consideration and orders

I submit that the APAR for the year 2018-19 was communicated only on 7.3.2020 which is against to the orders on the subject that the same has to be communicated before 31st July of the same year. I submit that the same has been communicated to me after my representation to the SSPOs, ……….. about the non grant of my MACP due financial upgradation

Due to the overall grading of 4.6, my due MACP was not accorded since the required benchmark of very good was not available in my APAR. I submit the following for your consideration and orders.

1.      For Postmen, the provision of self-appraisal in the APAR is not available to enable the Reporting Officer to assess the actual performance. As such the Reporting Officer does not evaluate the correct performance to the minimum in the above said 10 parameters even as a preamble too. Whereas, it is seen that there is a discrepancy in calibrating the grade points during evaluation of the performance by the competent authority. The provision of reporting and reviewing officers for one person while writing the APAR is not available in the postal department and the DA is having the sole power vested with regard to writing of APAR. There is a chance of prejudice or ignorance playing a role in the writing the APAR.

2.      The basic objective of the APAR is to bring out an employee’s true potential while the very purpose is not all served as the guidelines issued by the DOPT is not followed and properly applied by the competent authority Viz., “the Reporting Officer and the appraisee should meet during the year at regular intervals to review the performance and to take necessary corrective steps.” If any corrections required towards the work or attitude or any other area of the officials, it would have been pointed out and a chance for correction should be provided to the official. No such instance has taken place and I was appreciated by the immediate superiors for my honest and dedicated work.

3.      I am to submit that the APAR was written by the officer who is related to me closely ie. my husband’s cousin brother and there is a family feud during the period and he has not assessed properly about my performance during that period and lowered the bench mark due to prejudice. As per the DP&AR OM No. 21011/3/78-Estt(A) dated 31.3.1978, the close relative should not write the APAR of the official under him.  I have represented to the SSPOs, ………… that the MACP has not been accorded to me due to lower bench mark grading of the last year which I don’t know earlier. I submit that no communication was made to me by the ASPOs, ……….. in time as stipulated in the rules. It is crystal clear that the non-communicated APAR shall not be taken for the DPC since the reasonable opportunity has been denied to the official to represent against the entries in the APAR. The non-communication of the APAR will prove the prejudiced action of the officer who has written the APAR in my case.

4.      As per DOPT OM No. 21011/1/2005-Estt (A) (Pt-II) 14.05.2009, the concerned officer shall be given the opportunity to make any representation against the entries and the final grading given in the Report within a period of fifteen days from the date of receipt of the entries in the APAR. While communicating the entries, it shall be made clear that in case no representation is received within the fifteen days, it shall be deemed that he/she has no representation to make. If the concerned APAR Section does not receive any information from the concerned officer on or before fifteen days from the date of disclosure, the APAR will be treated as final.

5.      I submit that as per the law of the land, the procedure laid down in the orders cited in para supra has not been observed in my case and therefore the entries therein the APAR shall not be taken for the consideration and liable to be quashed.

6.      I further submit that the then ASPOs, ………. sub division is my close relative ie. cousin brother’s wife, and due to family feud, he had settled scores against me by blemishing my records without any justification and not communicated to me at all. He is barred to write my APAR as per the DP&AR OM No. 21011/3/78-Estt(A) dated 31.3.1978.  I am working very hard and did not come up with any adverse notice of my superiors. No public complaint was made during my ten years of service in the Department and also in my career of 7 years GDS service. It is pertinent to submit that the officer should not appraise APAR in case of his close relatives and as such his prejudiced entries are liable to be quashed.

7.      As a whole I further submit that in all the activities of the sub office and I never came up with any adverse notice of my higher ups. I am polite and there were no public complaints about my performance in the office. I am a dedicated worker. Even though I have undergone cancer surgery during the period, I work sincerely without any room for complaints.,

8.      I had not been brought with any adverse notice during the period about the quality of my work. Similarly, I did all the assignments in my delivery work with since and dedication.

9.      If my qualitative performance is poor or not up to the expected level. I would have been warned or proceeded and there was no adverse remark found during the period. I did not come up with adverse notice of the superiors during the period.

10.   There was no disciplinary or case either contemplated or pending against me at that time. There was no insubordination of duty or any other remarks during the entire period. Nothing was noticed adversely against me but I have been awarded only the numerical grading of 4.6.

11.   I submit that as per Rule 174 of Postal Manual Volume III, the entries in the APAR must be based upon established facts and not on mere suspicion. In my case since I was not brought with any adverse notice, and I was appreciated for my hard work during the same year by the public.

In view of the above submission, I submit that the overall grade points 4.6 so awarded in my case is not in consonance with the rules on the subject and arbitrary and against to the natural law. If it is not rectified, I will lose my promotions, MACP and other benefits perennially for no fault of mine which will remain the travesty of justice. 

Hence, I humbly implore the benign and respected SSPOs, ………. division to kindly review the APAR so evaluated by the Asst Superintendent of Pos, ……….Sub division and award appropriate grade points in order to develop the main objective of the APAR taking into consideration of all the above facts and submissions and render justice for which act of kindness I shall ever remain grateful.