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When directions were given in this case to maintain the reservation rosters post-wise, it cannot be inferred that this was only for direct recruitment. First and second memorandum issued on 2.7.1997 are very clear on this aspect where it was mentioned that : There should be separate rosters for direct recruitment and for promotions where reservation in promotion applies. Therefore, in view of this original interpretation/OM, any further OMs issued thereafter are nothing but clarifications on the queries raised by different departments from time to time and are off-shoots of the O.M. dated 2.7.1997, therefore, it is held that these OMs are equally applicable for promotions also.
Resultantly, in order to bring consistency and uniformity in decisions rendered by different Benches of this Tribunal, we agree to the view taken by the Chandigarh Bench in its order dated 11.12.2008 in the case of Harjinder Singh & Others (supra) and thereby the conflict/difference of opinion stands resolved in terms of the views expressed therein and the observations made hereinabove. The view taken by the Hyderabad Bench of the Tribunal in OA Nos. 607 and 628 of 2008 (supra), in our view, does not lay down the correct law and therefore, the same is overruled. The question involved stands fully answered as per clarification of DOP&T dated 24.7.2007 which is also an off-shoot of original OM dated 2.7.1997 which needs no further elaboration and is hereby upheld and, accordingly, the questions posed before the Full Bench for reference are answered as under:-