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8. Under the norms applicable to the FCS, a candidate who is not selected for FCS promotion to the next higher grade was eligible to be next considered for FCS promotion after a one year cooling period. The petitioner, therefore, became eligible for consideration for FCS promotion to the grade of Scientist F next on 1 July 2000. However, no DPC was convened in 2000 for considering officers who had become eligible for FCS promotion to Scientist F on or before 1 July 2000. The case of the petitioner was included for consideration under the next DPC which convened to consider cases of officers who had become eligible for FCS promotion on or before 1 January 2001. That DPC was convened on 1 March 2001.

11. Six candidates were interviewed, including the petitioner. Only one officer, senior to the petitioner, was promoted.

12. The petitioner contends that he had also obtained the requisite qualification for FCS promotion as Scientist F in the said interview but was illegally not promoted.

13. After completion of the one year cooling period, the petitioner became next eligible for FCS promotion to the Scientist F on 1 January 2003. The DPC to consider these cases was delayed by one year and ten months and was convened only on 9 November 2004. It is with this DPC that the petitioner is chiefly concerned.

14. This DPC recommended the case of the petitioner for FCS promotion as Scientist F. The petitioner was finally granted FCS promotion as Scientist F w.e.f. 22 November 2004.

15. Though the petitioner alleges several illegalities with respect to the DPCs which were convened prior thereto, the case as set up before the Tribunal was limited to ante-dating of the petitioner's FCS promotion as Scientist F w.e.f. 1 January 2003, which was the date on which he had become eligible for such promotion.

33. The facts of that case are practically identical to those of the present. S.K. Murti had become eligible for promotion to the Grade of Scientist E under the FCS on 1 January 1999. He was, however, granted FCS promotion as Scientist E w.e.f. 19 September 2000, consequent on a DPC which met for the said purpose. S K Murti, 11 2021 SCC OnLine SC 3634 12 (2022) 6 SCC 105 13 2024 SCC OnLine SC 1768 14 2011 SCC OnLine Del 4779 therefore, prayed that his FCS promotion as Scientist E be ante-dated to 1 January 1999.