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6. It is further stated that in the meantime another DPC was constituted for promotion of Medical Officers in GDMO Sub-cadre (Medical) working as IMO Grade-I in the level 11 pay matrix to the post of CMO in the level 12 Pay matrix (under DACP Scheme, Recruitment Regulations of ESIC etc.) vide Office Order dated KEDA KEDAR RAM R 2025.12.19 14:54:58 RAM +05'30' (OA No.25-2023) 21.09.2022. The respondent-Department finally came out with a reply dated 28.09.2022, wherein the Respondent Organization has listed the reason for not promoting him to CMO. In the DPC held on 07.09.2021, it was mentioned that the applicant was due for promotion after 5 years of service i.e., on 23.02.2019 as per qualifying service criteria of 5 years. As the due date fell within the year 2018-2019, as per rule APARs for the period of 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17 were to be considered and since the applicant was on Study Leave from 2016 till 2019 APAR for the year 2016-2017 was not assessed. Therefore, the DPC considered APAR for the previous year i.e., 2011-12, 2012-13 and 2013-2014, only in the year 2011-2012 the APAR grading awarded was "5" which is termed as "Good". Since DPC declared fit those candidates only having Very Good grading in all APARs under consideration along with vigilance clearance and other relevant documents the applicant was found unfit for the post of CMO by DPC held on 07.09.2021. The same reason was given for DPC held on 21.01.2022 for the year 2019-20 and for DPC held on 21.01.2022 for the year 2020-21. The applicant's contention is that the grading of aforesaid APAR of 2011-12 was never communicated to him depriving him of the opportunity to make a representation.