It is clear that the crucial term, i.e. clause n(iii) in Ext.P2 is no longer there in Ext.P3. It is substituted by paragraphs (iv) and (vi). The above paragraphs cannot be treated as an addition to para n(iii) in Ext.P2, since going by the terms of Ext.P3, it is a final settlement which was arrived at on the specific terms provided in Ext.P3 itself. There is nothing in the recruitment rules, to be applied as a general rule in respect of future settlements. In that view of the matter, the contention that the clauses in 1977 settlement will govern the competitive test no longer survives. Going by paragraphs (iv) and (vi) of Ext.P3, the promotion in the cadre of Junior Managers will be based on the rank secured in the competitive test subject to availability of vacancies. The test will be conducted once in a year, preferably in the month of November. Therefore, it is evident that in the absence of a specific period for validity of the rank list and in the absence of any express provision to limit the promotion to existing vacancies as on November of the year, the persons included in the list will have a right to get promotion in existing/arising vacancies. Nothing prevents the respondents from considering the claim of persons included in the list in
