to ex- cadre post of AAE, which was created to accommodate the petitioners as these posts were made personal to the petitioners and accordingly, the posts of JE (Agri) that had became vacant were kept in abeyance. Thereafter, the petitioners were promoted to the cadre post of AAE. Accordingly, the petitioners were borne in the cadre of AAE for the first time on and the date of taking over the charge of AAE pursuant to the notification dated 18.09.2014. Accordingly, it is submitted that the petitioners have not held the Cadre post of AAE for 9 years as projected, but the petitioners have not crossed the benchmark of 5 years of service as AAE to come within the zone of consideration for being appointed in the said promotional post. By referring to the case of State of Orissa V. Jagabandhu Panda, (2013) 11 SCC 631, it is submitted that as in that case, the post of Overseer (Agri), to which the petitioners were initially appointed was outside the existing cadre and even the petitioners were outsiders in terms of their appointment order dated 03.11.1981 and that post was created under a Scheme. Accordingly, when the petitioners had accepted their promotion to the ex-cadre post of JE (Agri) to Ex- Cadre post of AAE, the petitioners had done so with open eyes. Hence, it is submitted that following the ratio laid down in the said case, no right is conferred to seek promotion to the post of AEE (Agri) if the petitioners have not got requisite qualifying 5 years of service.
