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It is also to be noted that the representation of the respondent dated 17.07.2001 and 27.05.2002 were received by the office of appellant. The said representations of the respondent have been already decided by the appellant by its well reasoned and speaking order vide its office memo dated 01.10.2002. It will be of benefit to reproduce the office memo here:

"Government of Uttaranchal Agricultural and Agricultural Marketing Section No. 133/V.I.P/ Aagri/232/96 Dehradun: Dated: 1. October 2002 OFFICE MEMO Shri D.K. Sharma Asstt. Director (Soil Testing and Exhibition Centre) Regional Land Testing Laboratory, Rudrapur, Udhamsingh Nagar, in his applications dated 17.07.2001 and 27.05.2002 has stated that vacancies had arisen on the retirement of Shri Mohan Prakash Joshi and Shri Krishna Pandey, Agricultural Service, Grade-II, Department of chemistry, from Government Service on 30.04.1996 and since the vacancies existed prior to July 1996 in accordance with the UP Agricultural Services Group B Rules, his promotion should have been effected in the vacancy arising in the selection year 1995-96 from 1.05.1996, while he was promoted against the vacancies arising out of the selection year 1997-98 and therefore his promotion should be made against the vacancy arising in the year 1995-96 and Addl. Director Agricultural and Land Preservation in his letter No. Estab-1/Class II/2001- 02/1648 dated 15.09.2001 had recommended the same.