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(d) If deemed necessary, appropriate modification in the seniority list of Data Processing Assistant, Grade A, may also be ordered.
(e) award costs of the proceedings; and
(f) Pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favour of the applicants and against the respondents in the facts and circumstances of the case."

2. The facts in the present case are undisputed. It is submitted on behalf of the applicants that vide office Circular No. A-24011/1/2002-Ad-II dated 26.10.2004, an advertisement was published in weekly Employment News of 1-7 January 2005, wherein eights posts of DPA Grade 'A' were to be filled up on deputation basis in ORGI/DCOs. 2.1 In response to the said advertisement the following eights employees were selected as DPA Grade 'A' on deputation basis.

2.5 Learned counsel for the applicants draws our attention to the office order dated 29.12.2008, 17.01.2009, 05.02.2009, 11.02.2009, 30.09.2009 and 06.11.2009 (Annexure A-10), whereby the private respondents have been promoted to the post of Data Processing Assistant- Grade 'A'. 

(C-5, Item -87)                                                 OA No. 4233/2018

2.6      It is not disputed that the applicants were absorbed and

the only issue which remains to be examined is counting of service rendered by the applicants.

"(1) The present application filed by the above named applicants are without cause of action, and hence liable to dismiss on the sole ground. The applicant in the above O.A. were working as Data Entry operator grade 'B' prior to coming on deputation in respondents department on 17.4.2007 in their parent cadre in the scale of 4500-125-

7000, thereafter next scale of the above named applicant in P.B.-1, Rs. 5200-20200 Grade Pay Rs. 2800/-. The applicants came on deputation as Data Processing Assistant grade 'A' for a period of 3 years, vide order dated 17.4.2007, wherein it is clearly mentioned that the official (C-5, Item -87) OA No. 4233/2018 (including applicants herein) will stand repatriated to their parent cadre on expiry of their term of deputation, even if no separate order of their repatriation is issued, the copy of order dated 17.4.2017 is already on record as Annexure A/4. It is submitted that the as per term of RRs of Data Entry operator, the applicant were holding lower post prior to coming on deputation on the post of Data Processing Assistant, as the pay scale of the both the post Data Entry Operator Grade 'B' and Data Processing Grade 'A' are different and hence, it is abundantly clear that the applicants were not holding the analogous posts prior to date of deputation i.e. on 17.04.2017. The claim of the applicant is contrary Office Memorandum dt. 27.3.2001 and law laid down by Hon'ble Supreme Court in SI Roop law and other u/s Lt. Governor through Chief Secretary Delhi J.T.1999 (9) SC 597 and latest judgment dt 10.7.2017, passed by Hon'ble Supreme Court Mrigank Johri & Ors. V/s Union of India & Ors Civil Appeal No. 9316-9320/2013. The copy of Office Memorandum dt. 27.3.2001 is annexed as Annexure PR-1 (2) That the abovementioned O.A. is liable to be dismissed on the ground of delay, in challenging the seniority list of Data Processing Assistant Grade 'A' which was published on 26.11.2013 and then the above applicants had no grievances / objections in respect of said seniority list, which now attained the finality. The only applicant No. 2 gave representation on 20.03.2017, onward, but prior to that none of the applicant in the above mentioned O.A. had any grievance / objection in respect of the said seniority list of Data Processing Assistant Grade 'A'. The applicants have now awakened from a deep slumber, when the next promotion on the post of Assistant Director (EDP), likely to filled up.

(3) That the applicants are not even eligible for the post of Assistant Director, as per the recruitment Rules for the post Assistant Director as Grade 'A' the 8 years regular service as Data Processing Assistant is required, thus none of the applicant have completed 8 years regular service as Data Processing Assistant Grade 'A'. The applicant were of absorbed in 2011, hence they have not completed 8 yrs regular service till date. The copy of RR for Assistant Director Grade 'A' is annexed as Annexure PR-2."