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

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