ORDER

Per: Justice Sunil Thomas, Judicial Member –

Both the applicants were directly recruited as Lower Division Clerk (LDC) in the year 1996. Later they were promoted as Upper Division Clerk (UDC) and thereafter, as Assistant Superintendent based on seniority with effect from 8.6.2015 and 22.5.2015 respectively. Annexure A3 is the Recruitment Rules known as “Ministry of External Affairs, Central Passport Organization (Group-B posts Gazetted & Non-Gazetted) Recruitment Rules, 2010”. At that time, the post of Assistant Superintendent was known as “Assistant”. Vacancies were filled up in the proportion of 50% by promotion, 25% by direct recruitment and 25% by Limited Departmental Competitive Examination (LDCE). For 50% promotion, the qualification prescribed was 10 years of regular service in the grade of UD clerk. However, at Note-1 in column 12, it was provided that the eligibility service shall continue to be 8 years in respect of persons holding post of UD Clerk on regular basis on the date of notification of the revised Recruitment Rules. The Recruitment Rules were notified on 13.12.2010. Regarding the 25% of LDCE promotion, the eligibility condition was UD Clerk with 8 years reg