Y. K. Sabharwal, J.

( 1 ) THE petitioner joined National Institute of Health and Family Welfare (For short the Institute ) in the year 1962 as a Lower Division Clerk (L. D. C.) and was promoted to the post of Upper Division Clerk (U. P. C.) in the year 1965. The petitioner was appointed to officiate as an Assistant in 1960. In 1962, petitioner was appointed as an Accountant on ad hoc basis and continued to work on that post till 1988. With effect from 21st December, 1988, the petitioner was appointed as an Accountant on promotion on regular basis.

( 2 ) THE Institute, in the year 1981, took a decision to bifurcate the promotion channel to higher posts. Under the recruitment rules approved in 1981 all L. D. C. s with five years experience and on the basis of seniority were eligible to be promoted to the post of U. D. C. s. The rules of 1981 introduced bifurcation of service for further promotion from the post of U. D. . C. s could now be promoted either as Assistants or as Purchase Assistants. The post of Assistant and Purchase Assistant had, however, same pay. All U. D. C. s had to exercise options to either go into the channel of further promotion as Assistants or as Purchase Assistants. The UDC s having five years regular service in the grade were eligible to be considered for promotion as Assistant or Purchase Assistant. The Assistants with 8 years regular service in the grade were eligible for being considered for promotion to the post of Section Officer. Likewise, Purchase Assistants with 8 years regular service in the grade were eligible for being considered for promotion to the post of Store Officers. The post of Section Officer and Store Officers, The post of Section Officer and Store Officer has same pay scale, namely, Rs. 2,000-3500. The Assistants and Purchase Assistants had also a choice to opt for the accounts service. On exercise of option to go into Accounts Service, the official was not entitled to be promoted either in the channel of promotion arising out of Assistants or to the channel of promotion arising out of Purchase Assistants. The official opting for Accounts service could only be promoted as an Accountant Pay Scale Rs. 500-900 revised to Rs. 1640-2900 ). The Accountant could be considered for promotion only as Accounts Officer in the pay scale of Rs. 2375-3500 and could not be considered for promotion either as a Section Officer or Stores Officer. The Assistants/ Purchase Assistants opting to go into Accounts Service were-eligible for promotion to the post of Accountant with three years regular service in the grade of Assistant/purchase Assistant. The Accountant with five years of service in the grade of Accountant and having undergone some training was eligible to be considered for promotion to the post of Accounts Officer.

( 3 ) ON being called upon the petitioner exercised his option on 2nd November, 1982 and opted for Accounts Service in the Institute and accepted the post of Accountant. The offer of appointment dated 2nd November 1982 issued by the Institute offering to the petitioner ad hoc appointment of the post of Accountant, on the recommendation ofd. P. C. , provides the following two conditions:-

1. He has to undergo some training related to accounts work and also to qualify the examination prescribed for such training. After suc- cessful completion of training and passing of Exam, he will be considered for the regular appointment to the post of Accountant.

2. Since the post of Accountant now constitutes a separate cadre under the recruitment rules, he will not be eligible for promotion to any other post in the Institute except for the post of Accounts Officer. "

( 4 ) THUS, on 2nd November 1982 the petitioner was appointed as an Accountant on ad hoc basis. The petitioner as provided in the terms and conditions of the offer underwent special training in Accounts. The special training for a period of 8 weeks was conducted by. Ministry of Health and Family Welfare and after completion of

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