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14. The three stream of Section Officers i.e. Section Officer, Section Officer (Finance) and Section Officer (Computer) remained functional till the new Recruitment Rules 1995, came into existence. In the year 1995, two cadres i.e. Section Officer and Section Officer (Finance) were merged into a single cadre of Section Officers and the post of Section Officer (Computer) was re-designated as Junior System Analyst, having no feeder cadre as the Junior System Analysts was a direct recruitment post. The post of Section Officer and Section Officer (Finance) were promotional posts which were to be filled 50% by promotion from amongst all Assistant and Audit Assistant, with 6 years of regular service and 50% by limited departmental exam.

It is, because of this reason that the anomaly between the Section Officer and Section Officer (Computer) remained unsolved in the Departmental structure when the post of Section Officer (Computer) was re-designated as Junior System Analyst in the year 1995, neither did he raise any objection regarding the merger of the two posts i.e. Section Officer and Section Officer (Finance) into a single cadre of Section Officers nor for re-designating the post of Section Officer (Computer) to Junior System Analyst.

19. The respondents i.e. Respondent No. 1, Sh. D.C. Verma became Section Officer on 09.05.1994, Respondent No. 2, Sh. B.C. Panda became Section Officer on 19.05.1999, Respondent No. 3, Sh. Sandeep Dutta became Section Officer on 07.12.1995 and Respondent No. 4, Sh. P. Chaudhuri became Section Officer on 17.08.1998.

20. The Navodaya Vidyalaya Samiti, after looking into the representations made by the petitioner, Sh. S.B. Sharma, realized that institutional structure required further restructuring to remove the prevailing anomaly and therefore, merged the post of Junior System Analyst with Section Officers to promote Junior System Analyst to the post of Assistant Director for the first time ignoring the promotional right which already existed/accrued in favour of the respondents i.e. Sh. D.C. Verma, Sh. B.C. Panda, Sh. Sanjeev Dutta and Sh. P. Chaudhuri. Consequently, the post of Junior System Analyst was merged into a single cadre of Section Officers vide order dated 17.05.2002 which is reproduced as under:

As per the rules any proposal approved by the Chairman, NVS is to be got rectified by the Executive Committee. Since the meeting of the Executive Committee may take to convene, it is, therefore, proposed that as per the Article -34 of the Memorandum of Association of NVS, the following resolution is placed before the members of the Executive Committee by circulation:-

"It is resolved and approved that the post of Junior System Analyst is merged with the cadre of Section Officers w.e.f. 7.6.1991, notification date of first recruitment rules of the Samiti, and the post of Junior System Analyst is now be a feeder cadre for the post of Asstt. Director (Admn./Fin), after completion of 8 years of service." (Emphasis Supplied) Submitted for approval by circulation, please.