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5.All these posts were categorised as Group 'C' and DPC of the officers was to be constituted as projected in the said schedule. As already mentioned hereinabove, all the aforesaid cadre posts were in the ratio of 60:30:10.

6.Impugned O.M. Dated 19.10.1994 clearly mentioned that minimum period of service for Grade III, Grade II and Grade I would be 7 years, 5 years and 4 years respectively, so as to make them entitled to earn upgradation or revision of their salary.

4.The benefit of this revision of scales of pay would be given with effect from 13.5.1982 notionally and actually from 1.11.1983.

Sd/-

Under Secretary to the Govt. Of India"

1.Clause 3 thereof clearly stipulates that once the Draughtsmen are placed in regular scales, their further promotion would be made against available vacancies in higher Grade and in accordance with criteria laid down in the Recruitment Rules. Plain and simple reading of the aforesaid Clause 3 makes it clear that upgradation/ revision of pay scale is not as of right by putting in minimum period of service of 4 years, 5 years and 7 years as the case may be but is attached with riders. To get upgradation, it is necessary that the vacancies are available, only then the said upgradation would be allowed and it is further subject to the Recruitment Rules applicable to the case of each employee.

12.Learned counsel appearing for the Draughtsmen argued before us with vehemence that necessary implication of the O.M. is, as soon as Draughtsman Grade II completes 4 years of service, automatically, he would be entitled, if not for promotion, at least for upgradation in his pay scale equivalent to that of Draughtsman Grade I. They further contended that there was no embargo created under the O.M. or any of the service regulations applicable to these employees to deprive them of the benefit of upgradation of pay as the same was necessary consequence and implication of issuance of O.M. dated 19.10.1994.

18.Thus, in our opinion, the true, effective, operative and correct interpretation of the said O.M is that, as and when vacancy arises in the cadre of Grade I Draughtsmen, after putting in requisite minimum service as per said Notification, then and only then the Draughtsmen Grade II would be entitled for the higher pay scale not otherwise. To clarify it further, we hold that the entitlement for upgradation of salary is dependent on the number of vacancies available and not otherwise. It is also to be noted that eligibility to claim higher pay scale/upgradation is one thing but availability of vacancy is another. One may be eligible to claim higher pay scale or upgradation but it is of course subject to availability of posts. If posts are not available then, no benefit could C.A.Nos.9113-9126/03 etc. .... (contd.)