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Annexure – V 149 FLOW 02.07.1990 – DoT Letter No. 5-4/90-DE: Suspension of LDCE for promotion to TES Gr. ‘B’ for three consecutive years 1990-91, 1991-92 and 1992-93. Accordingly, all vacancies were used for promotion under DQE quota only vide one DPC in 1993. None challenged the same. 10.03.1993 – DoT Letter No. 231-1/90-STG-II: Further suspension of LDCE for promotion to TES Gr. ‘B’ for three more years 1993-94, 1994-95 and 1995-96. Accordingly, all vacancies of 1993-94 were used for promotion under DQE quota only vide two DPCs in 1994. None challenged the same. DPCs for 1995 and 1996 by using vacancies of 1994-95 and 1995-96 respectively were pending as, not due. But, the same were not conducted in time. (Moreover, this partially implemented letter was neither challenged in any court of law nor DoT had withdrawn the same. So, still it stands operative.) (Para 206 was not abrogated in 1966, and remained operative till 22.07.1996 in the eyes of Allahabad High Court and the Apex Court. Similarly, above two letters are still operative.) 27.07.1995 – CAT, ERK – OA 599/1995: DoT was directed to hold an exam in terms of the R/Rs 1981. 23.07.1996: R/Rs 1996 was promulgated from 23.07.1996. 25.10.1996 -SC -SLA(c) 26071/1996 converted to SLP(c) 8890/1996: DoT submits that the vacancies which were existing till the new Rules come into force would be filled up in accordance with old Rules. 03.02.1998 - CAT, ERK – OA 982/1995: DoT was directed to calculate year wise DQE and LDCE vacancies from 1981 to 1986 and to fill up LDCE vacancies adopting the principle of carryover of unfilled vacancies. 01.05.1998 - CAT, ERK – OA 1497/1996, OA 629/1997, OA 1186/1997, OA 297/1998: Para 31 – Following the principle first laid down by the High Court of Allahabad (Lucknow Bench) upheld finally by the Supreme Court, referred to above, in the context of Para 206, we hold that such an executive order must be deemed to be supplemental to the Recruitment Rules and hence valid. We therefore conclude that the officials who have already qualified at the Departmental Qualifying Examination up to 1991 will have to be treated as senior to those who qualify after them at the same Departmental Qualifying Examination, for the specific purpose of regular promotion to the vacancies in TES Group-B cadre arising up to 22.7.96. Para 33 – All the vacancies occurring up to 1993-94 have been filled up with the officers who had already qualified at the DQE held up to 1988-89, even though all the officials who have qualified have not yet been fully accommodated. Para 35 - We direct that the Department shall fill up the vacancies arising up to 22.07.1996 only with the officials of JTO cadre who have qualified and may qualify themselves at the Qualifying Examination part of the one Combined Departmental Exam for the quota of SC/ST vacancies for the TES Group-B cadre earmarked for rd the Qualified officers and fill up 1/3 quota earmarked for the Competitive officers. 21.10.1998 – DPC 1998 was conducted for three clear DPC (vacancy) years of 1994-95, 1995-96 and 1996 97 (up to 22.07.1996). 100% vacancies of 1994-95 and 1995-96 should be filled up by DQE quota only as these were the part of the pending DPC 1995 and DPC 1996. The vacancies for DPC 1996-97 (up to 22.07.1996) rd rd should be 66 2/3 % for DQE quota and 33 1/3 for LDCE quota. The terms and conditions of the pending DPCs 1995 and 1996 cannot be altered due to the delay in holding the same. The onus cannot be shifted to promotees and they cannot be penalized for the delay caused by DoT, which is bound to obey its own letter of 10.03.1993. 25.10.1998: Affidavit submitted by DOT in OA 297/1998 in CAT, Ernakulam clearly indicates the above vacancy rd rd positions. 100% DQE quota for 1994-95, 1995-96. 66 2/3 % DQE quota and 33 1/3 LDCE quota for 1996-97 (up to 22.07.1996). DoT is bound to obey its own affidavit and can fill up 0, 0 and 147 LDCE post for the respective years. Denial of court to honour the affidavit is immaterial in this case. 06.11.1998: LDCE 2000 notified: It allowed only the following to the competitive part of LDCE 2000: 1. All JTOs qualified up to 1991 but, not promoted till DPC 1994 for any reason. 2. SDEs promoted only through 1998 DPC. TELEWAVE 54 JUNE-2016