|Opportunity to Performance Evaluation Acknowledgement and to Hearing in Salary Increase of Civil Servant|
Articles 2 and 4 of the Letter of the Office of the Civil Service Commission
Re : Openness System to Salary Increase of Civil Servant dated 7th September B.E. 2540 (1997) states that prior to issuing salary increase order, the superior shall inform the performance evaluation to the evaluated official individually, and give the evaluated official the opportunity to clarify fact and ask for advice relating to the performance evaluation. In this case, the Defendant did not inform the performance evaluation to the Plaintiff and not give the Plaintiff the opportunity to clarify fact and ask for advice relating to the performance evaluation before issuing the order not raising salary to the Plaintiff. In the appeal process, however, the Merit Assessment Board gave the Plaintiff the opportunity to hearing. The order was then valid according to Section 41 paragraph one (3) of the Administrative Procedure Act B.E. 2539 (1996).