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3. The counsels for the parties have been heard.

4. The counsel for the sole surviving petitioner No.2 Mr. Avaneesh Srivastava has contended that the matter in controversy is limited i.e. whether the norms for considering the eligibility for promotion to the post of SSA, as contended by the respondents, stood amended on 12th December, 2007 or not. Attention is invited to the Notification dated 12 th December, 2007 of respondent NSIT filed as Annexure R-1 to the counter affidavits of the respondents. It is contended that the only question for adjudication is whether the said Notification applies to promotion from the post of Senior Mechanic to SSA, as contended by the respondents or the same applies only to the posts of Section Officer, Chief Store Keeper, Lab Technician (Pathology), Library Attendant, Nursing Orderly, Daftri & Binder.

9. The norm prevailing in NSIT for promotion to the post of SSA was eight years service as a Sr. Mechanic. The Notification dated 12 th December, 2007 (supra), introduced the norm of written test and interview. The case of the petitioner is, that if the Notification dated 12th December, 2007 does not apply to Sr. Mechanic / SSA, then on completing eight years as Sr. Mechanic and without being required to take a written test, he would be eligible for promotion. It may be noticed that on the recommendation of the Committee constituted pursuant to Notification dated 18 th June, 2009 (supra), the requirement of written test has been waived but the requirement of interview remains.

10. I am of the opinion that the Rules for promotion from Senior Mechanic to SSA did stand amended vide Notification of 12 th December, 2007. The agenda item No.5/32(ix) was with respect to all Group B, C & D posts and not only with respect to the posts of Section Officer, Chief Store Keeper, Lab Technician (Pathology), Library Attendant, Nursing Orderly, Daftri & Binder. In fact while Annexure-7(a) to the Notification deals with all Group B, C & D posts; however the Recruitment Rules were proposed to be revised only with respect to Section Officer, Chief Store Keeper, Lab Technician (Pathology), Library Attendant, Nursing Orderly, Daftri & Binder in terms of Annexure 7(b), which has not even been placed before this Court. The counsel for the petitioner is mixing up the norm for promotion with Recruitment Rules. While the norm for promotion for all Group B,C & D posts (and which includes Sr. Mechanic/SSA) as per Annexure-7(a) stood changed to written test, interview etc., the Recruitment Rules were revised only for posts of Section Officer, Chief Store Keeper, Lab Technician (Pathology), Library Attendant, Nursing Orderly, Daftri & Binder. I have therefore no hesitation in holding that the norm for promotion qua petitioner stood amended on 12th December, 2007 and he was after the said Notification entitled to be considered for promotion not merely on the length of service but also on the basis of written test and interview.

11. The counsel for the petitioner No.2 Mr. Avaneesh Srivastava has also invited attention to:

(a) Letter dated 21st July, 2006 of respondent NSIT, Annexure P-

6 to the writ petition, informing that then seven promotion posts of SSA were lying vacant.

(b) Letter dated 12th June, 2008 of the respondent NSIT also Annexure P-6 to the petition, stating that then 10 posts of SSA to be filled through promotion were lying vacant.