The government employees must go through a Supreme Court decision (Civil Appeal 7631 of 2002, Dev Dutt Vs. Union of India and others) decided by Justice Markandey Katju and another on 12th May 2008 on service matters, wherein the fact was that for the promotion to the post of Superintending Engineer, the candidate must have had 'very good' entries in annual CR for the last five years, and the candidate was not communicated about his grading, which otherwise was 'good' for one year and thus he lost an opportunity of promotion.
The honorable court, while holding that the 'good' entry should have been communicated to the appellant so as to enable him to make a representation ……., held, inter-alia,:
1. In this situation, the 'good' entry in fact is an adverse entry because it eliminates the candidate from being considered for promotion.
2. Thus, nomenclature is not relevant, it is the effect which the entry is having which determines whether it is an adverse entry or not.
3. It is thus rigors of the entry which is important, not the phraseology.
4. The grant of a 'good' entry is of no satisfaction to the incumbent if it in fact makes him ineligible for promotion or has an adverse effect on his chance.
5. Every entry (and not merely a poor or adverse entry) relating to an employee must be communicated to the employee concerned within a reasonable time, so that he may have an opportunity of making a representation against it if he is aggrieved.
6. Even an outstanding entry should be communicated since that would boost the morale of the employee and make him work harder.
1. In this situation, the 'good' entry in fact is an adverse entry because it eliminates the candidate from being considered for promotion.
2. Thus, nomenclature is not relevant, it is the effect which the entry is having which determines whether it is an adverse entry or not.
3. It is thus rigors of the entry which is important, not the phraseology.
4. The grant of a 'good' entry is of no satisfaction to the incumbent if it in fact makes him ineligible for promotion or has an adverse effect on his chance.
5. Every entry (and not merely a poor or adverse entry) relating to an employee must be communicated to the employee concerned within a reasonable time, so that he may have an opportunity of making a representation against it if he is aggrieved.
6. Even an outstanding entry should be communicated since that would boost the morale of the employee and make him work harder.
## Sanjay Mohan Bhatnagar
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