Narinder Thakur, Vice Chairman.: The controversy in the present Original Application is that the applicant who joined as an Excise and Taxation Inspector on January 4, 1971 in the respondent department will retire as such on 31.3.20061 without getting even a singular promotion. The plain and simple reason for the same is that the respondent department has been mis-interpretating the rules to cover up its own shortcomings and negligence.

2. The facts genane for decision in the present Original Application are in narrow compass. Vide Annexure-A/2 the applicant got an appointment as Excise and Taxation Inspector on 29.12.1970. The clause (vi) of the said appointment letter contained a stipulation that the applicant will have to pass the departmental examination in respect of both the Excise and Taxation Inspector within two years of his joining the duty failing which his services are liable to be terminated.

3. The rule governing Recruitment and Promotion etc at that point of time are contained Annexure-A/1 which were framed on 6.5.1963. Rule 9(iii) contains a stipulation to the effect that on the completion of the period of probation of any member, the appointing authority pre