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14. The matter of appointment to the upgraded post was considered by the Department of Personnel and Training in its Office Memorandum dated 4th February, 1992. The said OM considered 4 situations regarding appointments to upgraded post including where upgradation of post involved only a higher replacement scale without any larger responsibility/higher qualification or higher eligibility service. In respect of these situations, the said OM stated that for such upgradation involving only higher replacement without any additional responsibility/ higher qualification/ higher eligibility service, the suitability of the incumbent is not to be reassessed and such incumbent may be appointed to the post with the higher replacement scale w.e.f. from date of notification by the Government giving effect to the recommendation of similar body.

54. The learned counsel for the respondents have also placed reliance on Office Memorandum dated 4th February, 1992 to contend that the posts of AFLEs merged with DFLEs when the post of AFLE was grouped as Group `A‟ post on account of increase of their pay scale equivalent to the pay scale of DFLE, though the other distinction between the two had persisted till amendment on 13.3.2008. The office Memorandum dated 4.2.1992 is as under:

" NO. 22011/10/84-Estt,(D) Government of India Ministry of Personnel, PG and Pensions (Department of Personnel & Training) New Delhi, the 4th February, 1992 OFFICE MEMORANDUM Subject: Revision of pay scale/upgradation of the post - date of regular appointment of the incumbents to the upgraded post.
The undersigned is directed to say that in the event of revision of pay scales or upgradation of posts, the question as to what criteria should be adopted in assessing the suitability of the incumbents of the post as well as the date of appointment to the upgraded posts has been under consideration in this department. In the matter of appointments to the upgraded posts, the following for situations can be expected: -
2. Where the upgradation involves a higher responsibilities or higher qualifications but with a higher eligibility service, the incumbents assessed for their suitability but it should be ensured that they have completed the requisite qualifying service for appointments to the upgraded post. In case they had completed the qualifying service on or before the date notified by the government, they may be appointed to the upgraded post from that date. In the case of others who fulfil the qualifying service on a later date, they should be appointed to the upgraded post from the date on which they complete the qualifying service. This would be subject to the condition that irrespective of the date of appointment, the original seniority of the incumbent in the grade prior to upgradation will be maintained for appointment to the upgraded post.