THE DEPARTMENT OF FINANCE IS VERY CLEAR ON THE CLASSIFICATION OF POST SINCE (28-7-84) OBSERVING NOT TO AFFECT ADVERSE AGAINST ANY CLASS OF THE POST ALREADY ASSIGNED UNDER A SPECIFIC OR SPECIAL ORDER OF THE GOVERNMENT.

The rules stand as they are prescribed and required for the necessary provision made by the government under law code manual prefixed by the constitution of India in this behalf.No rule can be applicable against the code for consideration and the law does not compel any one to do which he can not perform and is a settled principle of law by virtue of several decisions of the courts and the Honorable Supreme court of India .As such the interest of no one would be retrospectively operated by reason of the lex non cogit ad impossiblia for which the option and preference of the employees are obtained by their department to have opinion on the captioned subject matter deliberation required to be protected with in the provision made and created for the welfare of employees.The above issue and matter is related to the various cadre / grade / posts where no promotion is available because of the deep long prevailed stagnation of and the opportunity must be given to the eligible persons those are interested to have choice of the second channels and the alternative Promotional level placement of the cadre /grade/posts particularly issued to remove the stagnation and bring quota position to status of the post and rank seniority of the posts in position up to the possible extent at higher /highest plateform of the opportunity given by the department of Personnel and training responsible to protect the fundamental rights of the every concerned being eligible for the position and post created for the such posts and cadres where deep long prevailed stagnation of the post existing.Such stagnation may be noticed in any cadre /post and the necessary decision could be taken by the department instead of obstructing the posts by way of reduction in grade and compulsory retirement for which the department of Finance has already issued instructions vide number Fin-(C) B (7) 9/78 -111 dated 28-7-84 regarding to not affect adverse against the class of any post already assigned under a specific or special order of the government and the same review has again been considered by the pay commission recommendations issued on 3-1-2022 however the government is silent on the captioned subject matter deliberation required to be verified under monthly statement of cases pending finalisation for over 3 months as on the day of pay commission recommendations 3-1-2022 .