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2014 (3) TMI 405 - DELHI HIGH COURTSpecialized service in the Department of Company Affairs - Central Company Law Services Rules, 1965. - merging Grade-II with Grade-I as also the seniority list - eligibility criteria prescribed for promotion - Held that:- In view of aforesaid emphatic and categorical direction given by the Tribunal in its judgment dated October 03, 1997 to the department to treat the date of appointment of the officers working in Grade-II on July 12, 1990 as January 01, 1986, it is not at all open to the petitioners to challenge the action of the department to effect promotions to the Senior Administrative Grade on the basis that the officers working in Grade-II on July 12, 1990 were 'deemed' to be appointed to Grade-I on January 01, 1986, particularly when the petitioners chose not to challenge the judgment dated October 03, 1997 passed by the Tribunal as also accepted the seniority assigned to them vis-à-vis the officers working in Grade-II on July 12, 1990 in the provisional/final seniority lists dated October 22, 1997/January 28, 1998. In the instant case, the officers working in Grade-II on July 12, 1990 were deemed to have been appointed to Junior Administrative Grade/Grade-I on January 01, 1986 in view of the directions contained in the judgment dated October 03, 1997 passed by the Tribunal. The DPC in question had met on May 19, 1998 by which time the officers working in Grade-II on July 12, 1990 had rendered five/eight years of approved service in the Junior Administrative Grade/Grade-I and thus were rightly considered by the DPC for promotion to the Senior Administrative Grade. There was no requirement in the CCLS Rules, 1965 or 1997 that the officer concerned should have 'actually worked' for five/eight years in the Junior Administrative Grade/Grade-I as sought to be projected by the learned counsel for the petitioner. - Petition dismissed
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