J U D G M E N T

The prayers in the afore captioned Original Petition (CAT) filed under Articles 226 & 227 of the Constitution of India are as follows: {See page 7 of the paper book of this OP(CAT)}

“

i.

Call for the records leading upto Ext-P3 and set aside the same.

ii.

To pass any other orders including appropriate interim orders that

would be just, proper and necessary in the interest of justice.”

2. Heard Smt.N.S.Daya Sindhu Shree Hari, learned Central

Government Counsel appearing for the petitioners in the O.P. (respondents in the O.A. before the Tribunal) and Sri.T.C.Govinda Swamy, learned counsel appearing for the sole respondent in the O.P. (sole applicant in the O.A. before the Tribunal).

3. The prayers in Ext.P-1 Original Application O.A. No. 154/2017 filed by the respondent herein, before the Central Administrative Tribunal, Ernakulam Bench, are as follows: {See page 19 of the paper book of this OP(CAT)}

“

i. Declare that the applicant is eligible to be considered for promotion as Senior Accountant for the vacancy years 2016- 2017 and 2017-2018 and direct the respondents accordingly;

ii.

Direct the respondents to consider and promote the applicant as Senior Accountant, if necessary by convening a review DPC, with all consequential benefits at par with those who have been promoted pursuant to Annexure A8 OM, with all consequential benefits, arising there from;

iii.

Award costs of and incidental to this application;

iv. Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case.”

4. The Tribunal after hearing both sides has rendered the impugned Ext.P-3 final order dated 31.1.2018 in O.A. No. 154/2017 whereby it has been held that since the respondents in the O.A. have issued Anx.A-6 notification, whereby similar deputation period of service could be treated as part of regular service for the purpose of appointment to the post of Junior Accounts Officer (JAO), the same benefit could also enure for the purpose of reckoning regular service in the feeder category of Accountant for appointment by promotion to the post of Senior Accountant, and accordingly held that the said deputation period of service of the original applicant as Accountant should be treated as regular service in the feeder category of Accountant for the purpose of appointment to the post of Senior Accountant, etc. Being aggrieved by the impugned Ext.P-3 final order, the respondents in the O.A. have preferred a review application as R.A. No. 51/2018, which also after hearing both sides have been dismissed by the Tribunal as per impugned Ext.P-4 order dated 27.9.2018. It is these orders at Exts.P-3 & P-4 that are under challenge in this Original Petition.

5. The facts in this case are almost undisputed. The applicant was originally appointed in the Kendriya Vidyalaya Sangathan on 5.8.1991 as LD Clerk. Later, he was selected for appointment as Accountant on deputation basis under the respondents and had joined the said post on 3.6.2011. Later, the original applicant came to be absorbed in the regular cadre of Accountant under the 3 rd respondent in the O.A. as per Anx.A-4 order 22.1.2015, with effect from 19.1.2015.

6. It is common ground that the next promotion post to an incumbent like the applicant who is holding the post of Accountant is to the next higher category of Senior Accountant, wherein 100% of the vacancies are filled up by promotion from abovesaid feeder category of Accountant. The recruitment rules for filling up the post of Senior Accountant by promotion is given om internal pages 13 & 14 of Anx.A5 {See pages 37 & 38 of the paper

book of this OP(CAT)} wherein it is stipulated that promotion shall be from amongst accountants with 3 years of regular service and who have qualified the Departmental Confirmatory Exami