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14. We have also gone through the decision of the Cuttack Bench of this Tribunal in OA No.221/96 and OA No.438/98. OA _ No.221/96 'was regarding fixation of seniority in the cadre of Officer Surveyors (Group. B) consequent upon revision. of recruitment rules in 1983 providing . for 25% promotion through limited: Departmental Competitive Examination (LDC for short).

OA No.170/00425 & 426/2016/CAT Bangalore 75% of the vacancies were to be filled by promotion on seniority from the cadre of Surveyors through Departmental Promotion Committee (DPC). In this OA the applicants had prayed for recasting the seniority list of officer surveyors (OS for short) by . properly fixing the inter-sé seniority positions of the applicants who passed the LDC examination 1986 in respect of vacancies of 1984, vis a vis the DPC promotes who were promoted through DPC to the vacancies of the same year in accordance with 3:1 vacancy roster. Though the 1983 recruitment rules came into effect from 27.4.1983 there was delay in finalizing the scheme for _LDCE. The final order was issued only on 3.12.1985. Applicants pleaded that according to the provisions regarding recruitment ~ roster, for vacancies to be filled up in a particular year after every three appointment, by way of DPC promotes, one person promoted through LDCE, will have to be placed. The applicants' case was that they were in the feeder cadre prior to 27.4.1983 when 1983 recruitment rules came into force and they had all the eligibility qualification for appearing the LDC examination. Ultimately in August 1986 written test for LDC Examination was conducted. The Interview was held in January 1987 and 17 persons qualified in the written test and interview and were promoted as OS in 1.7.1987. The applicants were amongst those

-. Applicants filed various representation for giving their inter-se. seniority position along with. 175 persons of 1 985 promotees but oh without any result .

16. Let. us 'quote below the facts found by the Hon'ble Cuttack \ Bench of this Tribunal.

OA No.170/00425 & 426/2016/CAT Bangalore "9. Admittedly according to the recruitment rules of 1983, after coming into force the 1983 rules, the vacancies that were existing on 27.4.1983, 75% of the vacancies of Officer Surveyors, were to be filled up by the DPC appointees and 25% by LDCE appointees. Admittedly, the Departmental Authorities delayed in holding the limited departmental examination and the applicants got promotion only in June 1987. They say that as their quota of vacancies relate to 27.4.1983, they should be given their position according to recruitment roster along with. 175 DPC recruits who were taken in 1985. The 'respondents, on the other hand, claimed that as these applicants joined as Officer Surveyors only in June 1987 and the seniority should count from the date of their appointment in the concerned cadre, they cannot get seniority along with 175 DPC recruits who were taken in 1985. . .

10. | We have given our anxious consideration to the rival submissions of the parties. From the counter filed by the respondents, we note that even though applicants were appointed in June 1987, the Departmental Authorities treated them as appointees against 1986 examination and their seniority were assigned along with promotees of 1986 vacancies. This is mentioned in the counter and this' portion has already been extracted by us. From this, it appears that respondents have put the petitioners, who have actually been recruited in 1987 above the 1987 DPC promotees unblock. They have themselves mentioned that seniority of the applicants have been assigned with the promotees of 1986 vacancies. Petitioners have, however, stated that these 17 LDCE appointees who joined in June . 1987 have been placed enblock above, 1987 DPC _ recruits. The Recruitment Roster, specifically provides that after 3 (three) DPC promotees, one LDC appointee will have to be placed. This has not been done by the Departmental Authorities. The other aspect is whether they should be placed along with 1985 DPC recruits or 1986 DPC. recruits which has already been done. Before considering this, it has to be noted that in 1985, 175 DPC promotees were appointed. Strictly speaking along with 175 DPC promotees, had the examination been held in time and 58 persons been available from the LDCE quota then 58 candidates from LDCE quota, would have been taken. But even when the examination was held in 1986 and viva voce in 1987, only 17 persons qualified in the LDCE examination. As the respondents have delayed in holding the examination and as the applicants qualified in _ the first examination which was held and as according to their averments, which has not been denied in the counter, on 27.4.1983, they were qualified to take the examination --

19(a)The cases before Cuttack Bench were similar to the present OA and hence the decision in that case is applicable mutatis mutandis to the OA before us. The relevant features of both the cases and the way the relief has accrued/has to accrue are as:-

OFFICER SURVEYORS (GROUP-B) promotions in the ratio 3:1 (75% and 25%) (Recruitment Rules 1983) Promotion by DPC (75%) Promotion by LDCE (25%) The scheme for LDCE examination was worked out in 1985. Applicants were eligible to take examination in 1985.