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8. At this stage, it may also be noticed that prior to issuance of the impugned seniority list dated 5.11.2008 the Department has also issued seniority list on 31.12.1996 as on 1.12.1996. The said seniority list was circulated vide covering letter dated 17.01.2003. Since the applicants have not joined the service of the department on that date their names were not included in the seniority list. The said seniority list dated 31.12.1996 was challenged before this Tribunal by Devindra Kumar and others by filing OA-1941/2003. The challenge made in the said OA was that respondents No.3, 4 and 5, who had been given notional promotion with retrospective effect, had joined the department in a lower post of Programme Assistant/Console Operator on deputation basis and they were subsequently absorbed as Data Processing Assistant (DPA) on 14.09.1995. It was further averred that their names in the list of Group A above the applicants, who have joined earlier to them in the year 1994, was illegal. The Tribunal dismissed the said OA vide order dated 5.2.2004 by holding that the private respondents therein have been rightly given promotion and placed in the posts of Programmer Group A/Assistant Director. It may also be stated here that the contentions, which have been raised by the applicants in these OAs, were also raised in the OA filed by Shri Devindra Kumar and others. It may further be noticed here that the applicants in OA-1941/2003, i.e., Devindra Kumar and others were appointed as Assistant Director by way of direct recruitment in the year 1994, whereas the present applicants were appointed as Assistant Director in the year 1997 and after those applicants.