In Brief
Data Entry Operators Grade 'B' in the Central Excise Department sought promotion to the post of Inspector after the Department underwent cadre restructuring in 2001. The Court held that the restructured cadre of Senior Tax Assistants came into force on 20 January 2003 when the statutory rules were notified, not on 19 July 2001 when Cabinet approval in principle was given. Once restructured, DEOs could count their prior service as DEOs towards the two-year service requirement for promotion as Inspector from 20 January 2003 onwards. For vacancies arising after the Inspector Rules came into effect on 7 December 2002, both pre-restructured and restructured cadres could compete for promotion, with seniority determined under the STA Rules 2003. However, promotions already made before restructuring was complete could not be reopened for seniority revision.
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