JUDGEMENT
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(1.)Leave granted.
(2.)These appeals by special leave arise from the orders of the Central Administrative Tribunal, Jabalpur Bench made on August 14, 1996 in O.A. No. 219/95 and 237/96. The controversy involved relates to promotion to the post of Senior General Manager in the Indian Ordnance Factories under India Ordnance Factories Services Rules. The question for consideration is; as to when the vacancies in the above posts would arise The grade and scale of pay for the said post is Rs. 3700-8000/-. For the year 1994-95, panel of successful candidates was required to be prepared. According to the appellants, there were no clear vacancies as on April, 1994. Four members in the above grade were to retire in that year. Proposal for filling up the ensuing vacancies from Ordnance Factory Board was sent to the Ministry on December 22, 1993. The Ministry had communicated to the Union Public Service Commission its approval on February 8, 1994. A.C.Rs. of the eligible candidates were approved on August 16, 1994 and the incumbent members joined as members of the Board on August 22, 1994,
September 3, 1994, October 6, 1994 and March 1, 1995. Consequently the D.P.C. met on March 15, 1995 for selection of Officers to fill up the four vacancies.
(3.)On this factual matrix, it is contended for the appellants that the crucial date for the D.P.C. meeting for selection should be April or May 1995 for selection of candidates to fill up the vacancies of the year 1994-95. The A.C.Rs. recorded of all the candidates falling within the zone of consideration and approved by the Government, as on March 31, 1994, are required to be looked into and merits adjudged. The Tribunal, therefore, was not right in directing the Government to ignore the A.C.Rs. for the year 1994 and consideration of the candidates eligible by then up to March, 1993. The D.P.C. was to be constituted as on April 1, 1994. Resultantly, the directions were given in paragraphs 25 and 28 for consequential action. Shri Altaf Ahmed, learned Additional Solicitor General, contends that the view of the Tribunal is not correct in law. As per the procedure, preparation of the panel of candidates for consideration by the D.P.C. to fill up the clear vacancies as on April 1994 is necessary. A.C.Rs. are prepared on the basis of the performance during financial year which would be October 1 of the year. In this case, the A.C.Rs. of the incumbents are written on the financial year basis. It was approved by the Government on March 31, 1995. Therefore, the D.P.C. could not have got approved A.C.Rs. before that date, namely, as held by the Tribunal on March 19, 1993. The direction, therefore, that the D.P.C. in its proceedings should take into consideration A.C.Rs. of all the eligible candidates as on April, 1993 is incorrect. Though, prima facie, we are impressed with the arguments of Shri Altaf Ahmed, on deeper probe and on going through the procedure laid by the Ministry of Personnel and Training, we find no force in the contention. Preparation of the action Plan for consideration by the D.P.C. of the respective claims of the officers within the Zone and thereafter for setting in motion the preparation of panel on yearwise basis, is elaborately mentioned. In case of their failure to do so, what further procedure is required to be followed is also indicated in the rules. It thereby manifests the intention of the rule-maker that the appellant-Government should estimate the anticipated vacancies, regular vacancies and also vacancies arising thereafter due to various contingencies and it should also get the A.C.Rs. prepared and approved. It is also made clear that the D.P.C. should sit on regular basis to consider the cases of the eligible candidates within the zone of consideration. The object is clear that the Government should keep the panel ready in advance so that the vacancies arising soon thereafter may be filled up from amongst the approved candidates whose names appear in the panel. In that behalf, it is seen that in the guidelines issued by the Government in Part I of Clause (49) dealing with Functions and Composition of Departmental Promotion Committee etc. necessary guidelines have been enumerated. It envisages that a post is filled up by promotion where the Recruitment Rules so provide. In making promotions, it should be ensured that suitability of the candidates for promotion is considered in an objective and impartial manner. In other words, the consideration of the candidate is not clouded by any other extraneous considerations like caste, creed, colour, sect, religion or region. In consideration of claims, merit alone should enter into objective and impartial assessments. The object appears to be that the A.C.Rs. be written by competent officer and approved by superior officer objectively and impartially without being influenced by any extraneous and irrelevant consideration, to augment efficiency in public service and to improve competence. For the purpose of selection, Department Promotion Committee should be formed in each Ministry/Department/Office, whenever an occasion arises, for promotions/confirmations etc. The D.P.Cs. so constituted shall judge the suitability of officers for:
(a) promotions to selection as well as non-selection posts;
(b) confirmation in their respective grades/posts;
(c) assessment of the work and conduct of probationers for the purpose of determining their suitability for retention in service or their discharge from it or extending their probation; and
(d) consideration of cases of Government servants for crossing the Efficiency Bar.