' ROSHAN ALI MANGI (MEMBER).---The relevant facts for the disposal of this Service Appeal are, that the appellant was initially appointed as Data Coder, BPS-12, with effect from 13-11-1990, in the Collect orate of Customs. He remained there till 11-10-1994. However, he appeared in the departmental examination and qualified it. By virtue of this he was appointed as Data Control Assistant in BPS-14 with effect from 12-10-1994.
2. During the course of his service, the competent Authority created 4 posts of the Computer Operators (BPS-16) at three different occasions. According to the recruitment rules, 40% posts of the Computer Operators were reserved for promotion from amongst Data Coders (B-12) with five years' service in B-12.
3. The appellant applied for promotion to the post of Computer Operator (BPS-16) on the grounds, that he had gained 5 years' experience in the field, as such according to him he was eligible for the post. However, his request was not entertained by the authority with the observation, "as there is no provision in the promotion rules". He, therefore, preferred a departmental appeal dated nil, but having received no reply as yet, has filed present service appeal before the Tribunal on 12-5-1996.
4. The appellant who appeared in person pleaded that he initially was appointed as Data Coder and remained working against that post uptil 9-10-1994. On passing the departmental examination he was freshly appointed as Data Control Assistant (BPS-14) with effect from 12-10-1994. Had he not qualified the departmental examination, he would have remained in that post i,e, post of Data Coder. As such he would have become eligible for promotion to the post of Computer Operator (BPS-16), as he would have completed the required period of 5 years as required under the rules.
He further argued, that his selection and appointment to the higher post i,e, to the post of Data Control Assistant BPS-14, reflects greater talent of the appellant, and therefore, the experience gained by him in the higher post must be considered for promotion to the post of Computer Operator BPS-16. He should not be penalised, for getting a higher post by qualifying departmental examination.
5. The respondent department also filed their comments. It has been stated, that the appellant was appointed as Data Coder. However, later he took the examination and qualified it. Accordingly he was freshly appointed as Data Control Assistant BPS-14 with effect from 12-10-1994. According to the recruitment rules 40% posts of the Computer Operators have to be filled in by promotion from amongst the Data Coders (BPS-12), with five years' service in B-12. The appellant on the other hand is serving as Data Control Assistant B-14. No provision exists in the Recruitment Rules for promotion of Data Control Assistant to the post of Computer Operator. It was brought to the notice of the bar, that at the time of framing the Recruitment Rules the post of Data Control Assistant did not exist in the Customs and Excise Department, therefore, no provision was made in the Recruitment Rules.
6. We have heard the parties at length and perused the relevant documents. We find that admittedly the appellant was initially appointed as Data Coder. However, later on, on passing the departmental examination he was freshly appointed as Data Control Assistant, which post constituted entirely a different cadre. As such he severed all connections with his previous post of Data Coder, which ultimately became a feeding post for the purpose of promotion to the post of Computer Operator BPS-16. Under the circumstances, the appellant would be ineligible for the said post, as he is not the Data Coder, nor the services rendered as Data Control Assistant could be considered for the purpose of promotion to the said post of Computer Operator BPS-16. However, as informed by the learned counsel for the respondent at bar, that rules for the promotion of Data Control Assistant to higher posts are being framed. As such, after finalization of such rules, the case of appellant for promotion to higher post would naturally be considered. Under the situation the appeal having no substance is dismissed, with no orders as to costs.
7. Parties be informed.