Question Dismissal from Service, Promotion and IPRC (1st Posting was Deleted)

This is a re-posting, original post was deleted for unknown reasons

Antecedents.
1. Dismissal from Service - Feb. 2018

2. Court of Appeals ruled in favor - ordered reinstated with full exoneration with finality.

3. Reinstated - October 20, 2020
- assigned to a clerical job and work from home

4. Notice of Hiring - Jan. 04, 2021 - Deadline Jan 19, 2021

5. Agency Central Office Evaluated the applicants August 10, 2021

6. Received Email of Denial Aug.23.2021 (Email)

7. Basis of Denial - no IPCR for 2020
2017 Omnibus Rules on Appointments and Other Human Resource Actions
(ORAOHRA)

Sec . 95
"An employee should have obtained at least Very Satisfactory performance
rating in the last rating period prior to the assessment or screening for promotion or transfer"
** IPCR Rating Jan - Jun 2020 and/or July to December 2020" missing

Justification
1. How can I submit the rating period where I was reinstated only Oct. 2020 and the position
was opened Jan 04, with deadline Jan. 19, 2021?

2. The application was already per-evaluated by the Agency R7 PSB which was approved then submitted
to Agency Central Office

3. I submitted the last applicable rating period 2017 where I was active with the service.

4. My case was "Reversed and Set Aside" completely exonerating from the charges

ISSUE:
1. Whether or not in the case at hand the Agency Central Office was correct in using Sec. 95 of the 2017 ORAOHRA in disqualifying
the applicant?

2.What are the remedies of the applicant available whereas the situation does cannot apply the rules of protest?
(There were three applicants applied, two of which was disqualified for other reason)

Hi,

As a matter of policy, this Office refrains from rendering categorical opinion on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Be that as it may, as to your first query, please be advised that the rule on performance ratings as a requirement for promotion or transfer is Section 95, Rule IX, 2017 ORAOHRA, to wit:

“Sec. 95. An employee should have obtained at least Very Satisfactory performance rating in the last rating period prior to the assessment or screening for promotion or transfer.

“The performance rating of at least Very Satisfactory (VS) in the last rating period shall not be required for promotion from first to second level entry positions.

“The performance rating prior to the reclassification of the position shall be considered as performance rating in the reclassified position for purposes of promotion.

As regards to your second query, your attention is invited to Section 99 and 100, Rule 18, 2017 RACCS, which provide, that:

“Section 99. Recall of Approval/Validation of Appointment; who may file. The Commission, or any of its CSC RO or CSC FO, motu proprio or upon petition by any person, may initiate the recall of approval/validation of an appointment of an official or employee who does not meet the requisite qualification standards of the position or on the ground that the appointment was issued in violation of existing civil service laws, rules, and regulations.

“Section 100. When and Where to File. The petition may be filed anytime, during a subsisting appointment, to the CSC RO which has jurisdiction over the appointee. In case the petition is filed with the CSC FO, the same shall be transmitted to the CSC RO concerned for decision.”