- (1.) Respondents No.2 to 37 were serving as Compositors Grade II/Grade I. The Ministry of Finance under O.M. No.10(1)-E-III/88 dated 13.9.1991, introduced in situ promotion scheme to ensure at least one promotion in service category of each Group 'C' & 'D' employees. The relevant portion of the Scheme reads as follows:- "Employees who have not been promoted on regular post even after one year of reaching the maximum of the scale of such posts are entitled to be promoted in situ Scheme."
(2.) There is no dispute to the factual situation that the private respondents reached the maximum of the scale of the post as on 1.2.1995. As per the above in situ promotion scheme, the private respondents got stagnated even after one year on reaching the maximum of the scale of such post. Therefore, the Department thought it fit to grant in situ promotion to the private respondents w.e.f. 1.2.1996, the date when one year period expired on reaching the maximum of the scale.
(3.) Learned counsel appearing for the writ petitioners made two submissions before this Court. The first submission was that the implementation of 5th Pay Commission took effect from 1.1.1996. Inasmuch as the pay scale of the private respondents had been substantially increased in terms of the option exercised by them, they had to wait for one year from 1.1.1996 to get in situ promotion. The second submission was that the clarification issued vide O.M. dated 23.4.1999 by the Government of India (DOP&T) on the subject of option for fixation of pay on promotion referred to by the Tribunal in paragraph 10 of its judgement applied to in situ promotees.;