Tapabrata Chakraborty, J.

1. The issue which arises for consideration is as to whether a post filled up on the basis of a Limited Departmental Competitive Examination (in short, LDCE) would be treated as promotion for the purpose of benefit under the Modified Assured Career Progression Scheme (in short, MACPS) upon counting the past regular service of the incumbent from the date of initial appointment.

2. Records would reveal that the petitioner was confirmed in the post of PWI, Grade-III on 2nd March, 1984. He got his first promotion on 14th October, 1988. The Railway Board vide memo dated 14th October,1990 decided to fill up 10% of the 20% Direct Recruitment vacancies subject to successful completion of LDCE. Pursuant thereto, a notification dated 29th September, 1997 was issued for preparation of a panel of 12 candidates of Sec