Disposed

NTPC Executives Federation of India (Nefi) through Its Secretary General Shri v. K Sharma v NTPC Ltd.

Delhi HC3 Apr 2018W.P.(C)/3145/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging promotion results and seeking a policy on Performance Management System ratings. The Court directed the respondent to provide a personal hearing to the petitioner federation regarding its representation on promotion matters.

What did the court decide?

Direction to respondent-NTPC to provide a personal hearing to the petitioner federation's Chairman and Secretary General and pass a speaking order on the representation within twelve weeks.

NTPC Executives Federation of India (Nefi) through Its… — Service and Employment | Delhi HC (2018)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: April 03, 2018

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+ W.P.(C) 3145/2018 & CMs 12512-13/2018

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NTPC EXECUTIVES FEDERATION OF INDIA (NEFI) THROUGH: ITS SECRETARY GENERAL SHRI V K SHARMA

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..... Petitioner Through: Mr. R.K. Saini, Mr. Achal Gupta, Mr. Sitab Ali Chaudhary, Ms. Annie Rais and Mr. Azharuddin Chaudhary, Advocates

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versus

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NTPC LTD. ..... Respondent Through: Mr. Bharat Sangal and Ms. Babita Kushwaha, Advocates

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CORAM: HON'BLE MR. JUSTICE SUNIL GAUR

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O R D E R (ORAL)

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Petitioner-Federation by way of this writ petition seeks quashing of result of Corporate Promotion Committee/Regional Promotion Committee (hereinafter referred to as CPC/RPC) 2018 (Annexure-6 colly.). A direction is also sought to respondent to lay down clear policy for moderation of Performance Management System (hereinafter referred to as PMS) ratings wherein the concerned Executive may also have a right to raise grievance in relation to the said moderation. Specified objectives/guidelines for the process of allocation of CPC marks for promotion of an Executive from grade E-1 to E-5 in letter and spirit of

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Page 1 of 3

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W.P.(C) 3145/2018

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Statement of Company Policy regarding Promotion of Executives (Annexure-1) is also sought.

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Statement of Company Policy regarding Promotion of Executives (Annexure-1) issued on 26^th September, 2011 and updated on 31^st January, 2012 was questioned by petitioner-Federation by way of a Representation of 14^th March, 2012 (Annexure-3 colly.) while assailing unilateral changes in Executive Promotion Committee and discrepancies in the promotion of Executives in RPC-2012. According to petitioner’s counsel, the said Representation was followed by numerous Representations/ Reminders (Annexure-3 colly.) , but to no avail. It is pointed out by petitioner’s counsel that the review of CPC/RPC-2018 results for promotion from grade E-1 to E-5 levels was sought by petitioner-Federation by way of Representation on 12^th March, 2018 (Annexure-8) and there is no response to it.

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Learned counsel for respondent-NTPC submits that the policy regarding promotion of Executives has been updated on 15^th February, 2017 and competent authority to look into petitioner’s Representation of 12^th March, 2018 (Annexure-8) is the Director (Human Resources), who can effectively consider petitioner’s Representation (Annexure-8) . 4. At this stage, learned counsel for petitioner submits that for an effective decision on petitioner’s Representation (Annexure-8), an opportunity of personal hearing be provided to the Chairman and Secretary General of petitioner-Federation.

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In view of the above, this petition and the applications are disposed of with direction to respondent-NTPC to ensure that an opportunity of

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W.P.(C) 3145/2018

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hearing is provided to the Chairman and Secretary General of petitionerFederation by the Director (HR), who shall pass a speaking order on petitioner’s Representation (Annexure-8). Let this exercise be completed within a period of twelve weeks from today and its fate be made known to the Secretary General of petitioner-Federation within a week thereafter, so that petitioner-Federation may avail of the remedies as available in law, if need be.

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With aforesaid directions, this petition and the applications are disposed of.

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Copy of this order be given dasti to counsel for the parties.

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(SUNIL GAUR) JUDGE

APRIL 03, 2018

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W.P.(C) 3145/2018

NTPC Executives Federation of India (Nefi) through Its Secretary General Shri v. K Sharma v NTPC Ltd.

Case brief

What is this about?

What did the court decide?

NTPC Executives Federation of India (Nefi) through Its Secretary General Shri v. K Sharma v NTPC Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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