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Showing contexts for: data processing assistant in Kashi Nath Purohit vs Union Of India on 18 July, 2012Matching Fragments
The applicant in the present Original Application claims relief pursuant to the judgment rendered in the case of S.R.Gautam and ors. vs. UOI and ors., OA No.2516/2000 decided on 19.4.2001 by the Principal Bench of Central Administrative Tribunal. The said OA was filed by the employees of the Department of Revenue who were seeking interpretation on the point whether services rendered during the period of deputation till the date of absorption can be counted for considering the eligibility of the applicants for promotion from the post of Programme Assistant/Console Operator (Data Processing Assistant Grade-A) to that of Programmer/Assistant Director (systems). After relying on the judgment of the Honble Supreme Court in the case of K.Madhavan and Another vs. Union of India and ors., reported at (1982) 4 SCC 566 and further relying upon the judgment of the Central Administrative Tribunal in the case of Sridhar Prakash vs. Union of India and anr (OA No.871/95 decided on 5.9.1995), the Principal Bench came to the conclusion that the service rendered as Programme Assistant/Console Operator from initial deputation to the date of absorption has to be treated as regular service for the purpose of being considered for promotion as Programmer/Assistant Director (systems).
4. Respondents further submitted that the applicant joined the department as Upper Division Clerk on 6.2.1978 and was appointed as Console Operator/Assistant Programmer on deputation from 1990 to 1993 and reverted to his parent cadre in 1993. Further the applicant was appointed as Programme Assistant/Console Operator on transfer/deputation basis in the month of October, 1995. At the relevant point of time, the applicant was holding the post of UDC in the department as substantive and accordingly by virtue of his seniority in the cadre of UDC his name was considered by the DPC which met on 21.8.1996 and found him fit for promotion to the cadre of Head Clerk. The applicant was appointed as Console Operator/Programme Assistant on deputation basis and later on absorbed on the same post on 24.3.2000. As per Recruitment Rules 2001, the Data Processing Assistant Grade-B with 5 years regular service in the grade, failing which combined regular service of 8 years in the grade of Data Processing Assistant Grade A and B with a minimum of 2 years regular service should be in the grade of Data Processing Assistant Grade B are eligible for consideration for promotion to the post of Assistant Director (system).