There is ambiguity on the recommendation of the 7 CPC and the resolution notification. Heading of Para 5.1.46 of the Report reads as " Withholding of Annual Increments of Non-performers after 20 years" but the language used by the Commission in the para creates ambiguity. The relevant portion reads as "The Commission is therefore proposing withholding of annual increments in the case of those employees who who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service."

The heading suggests that the withholding of annual increment will take place after 20 years but the above language of the para suggests withholding within the first 20 years of regular service. There appears to contradiction which needs clarification of the following questions:

(1) Will the annual increments be withheld for the years in which the employee fails to meet the benchmark grading in the APAR within the first 20 years of service in terms of language of the para? or

(2) Will such non-performers get annual increments uninterruptedly within the first 20 years even though they fail to meet the benchmark grading because the heading of Para 5.1.46 so says?

Raj Kishore Sharma