LexAP STATE FINANCIAL CORPORATION versus C.M. ASHOK RAJ AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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AP. STATE FINANCIAL CORPORATION
v.
C.M. ASHOK RAJ AND ORS.
JULY 12, 1994
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[KULDIP SINGH AND K. JAYACHANDRA REEDY, JJ.J
Seivice Law: Promotion-Post of Manager of State Financial Corpora-
tion-No written test prescribed-Allocation of 25% marks for inten>iew-Not
exce.'.sivc, arbitrary and against /aH>--Al/ocation of 50':{ marks far peifor-
C mance appraisal based on confidential repons upheld-c4ssignment of 15%
marks J;;r length of seivice over a period of five years-Ffrld. Not improper.
For promotions to the posts of Manager of Ap(Jellant State Financial
Corporation, the Office Memorandum indicated allotment of 50% for
performance appraisal, assignment of 15% n1ark3 for seniority and alloca-
D lion of 25% marks for the interview. Promotions made to the posts were
challenged on the ground that allotment of 25% marks for interview was
excessive. The writ petitions were allowed by a Single Judge. On appeal,
the Division Bench reduced the interview marks from 25% to 15% and
increased the marks regarding length of service above five years from 15%
E to 25%. Appellant Corporation preferred the present appeals.
AJlowing the appeals, this court
HELD : 1.1. In the selections/promotions where only viva voce test is
pnn:;ded, no limit can be imposed in prescribing the marks for the
inttniew. In the instant case, the High Court was not justified in setting
aside the allocation of 25% marks for the viva voc,_. test. [478-G, 480-D)
Anzar Ahmad v. State of Bihar & Ors., JT (1993) 6 SC 168, relied on.
Ashok Kumar Yadav & Ors. v. State of Haryana & Ors., AIR (1987)
G SC 454, distinguished.
1.2. The performance having been assessed on the basis of past 3
)"ears Confidential Reports, no fault can be found with the same. AJlocation
of 50% marks for performance appraisal based on the confidential reports
is justified. Finding to the effect that 15% marks for length of service over
H a period of five years were on the lesser side, is unjustified. No fault can
474
FINANCIAL CORPN. v. ASHOKRAJ [KULD!P SINGH,!.]
475
be found with the said allocation. [481-F, H, 482-A]
Ajay Hasia etc. v. Khalid Mujib Sehrawardi & Ors. etc., AIR (1981) SC
487; Lila D/lar v. State of Rajasthan & Ors., AIR (1981) SC 1777; Ashok @
Soma1111a Gowda & Ors. v. State of Kamataka & Ors., (1991) 2 Scale 796;
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R. Chitralekha & Ors. v. State of Mysore & Ors., (1964] 6 SCR 368; A
peeriaparuppan etc. v. State of Tamil Nadu & Ors., (1971] 2 SCR 430; Nishi B
Maghu etc. v.State of J & K& Ors., [1980] 3 SCR1253;Koshal Kumar Gupta
& Ors. v. State of J & K & Ors., (1984] 3 SCR 407; Munindra Kumar v. Rajiv
Govil, [1991] 3 SCC 368; State of U.P. etc. v. Rajiquiddin & Ors. etc., [1988]
I SCR 794 and Mehmood Alam Tariq & Ors. etc. v. State of Rajasthan &
Ors. etc. (1938] Supp. I SCR 379, referred to.
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CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 5503-
5514 of 1993.
From the Judgment and Order dated 24.4.92 of the Andhra Pradesh
High Court in W.A.M.P. Nos. 2048, 2056, 2047, 2052, 2045, 2051, 2042, D
2046, 2040, 2050 and W.P.M.P. Nos. 18366, 18447 of 1991.
K. Srinivasa Murthy and Y.P. Rao for the Appellant.
K. Venugopal Reddy, V.V.S. Rao, K. Ram Kumar and Ms. Anjani
for the Respondent.
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C.S.S. Rao, A.T.M. Sampath and Ms. Pushpa Rajan for R. 1 and
impleaded resp!. 78-85.
The Judgment of the Court was delivered by
KULDIP SINGH, J. The Board of Directors (the Board} of tk
Andhra Pradesh State Financial Corporation (the Corporation), on Auge ;t
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24, 1987, approved the promotion criteria in respect of various posts )n tf1c
service of the Corporation. Thereafter. Office Memorandum dateJ Sep-
tember 1, 1987 containing the said criteria was issued. In these appeals, we G
are concerned with the promotions made to the posts of Manager and
above. The Office Memorandum indicated the following criteria for
promotion to the post of Manager and above :-
"1. A minimum service of 3 years is required to become eligible
for promotion to the next higher cadre.
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476
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SUPREME COliRT REPORTS (1994] SUPP.1 S.C.R.
2. The weightages attached to various criteria for considering merit
promotions to various cadre personnel is as follows:
Additional qualificatons
10%
Length of service in the cadre
15%
3 to 4 years
71114%
4 to 5 years
10/1/4%
5 years and above
15%
Performance appraisal
50%
Interview
25%
Regarding the performance apprais.J, having weightage of 50%
D marks, the Board, in its meeting dated AugJst 24Excerpt shown. Read the full judgment & AI analysis in Lexace.