PRADEEP NANDRAJOG,J. - (1.)RESPONDENT No.3 would be attaining the age of superannuation on September 30, 2014. He has an issue pertaining to the ACR grading for the year 2006-07 with respect to which he has filed O.A.No.105/2013. The adverse affect of the ACR grading would impinge upon the select panel prepared for the year April 1, 2012 ending March 31, 2013.
(2.)THE writ petitioner would be superannuating on March 31, 2014. The writ petitioner stands empanelled in the select panel for the year April 01, 2012 till March 31, 2013 and, as we understand, she is awaiting the next vacancy available during the currency of the panel year for her to be promoted as Member, CBDT.
The rules applicable require that notwithstanding a candidate being empanelled, benefit of promotion would not be available, if one year residual service is not left when vacancy accrues.

(3.)LEARNED counsel for the parties do not dispute that one more vacancy would be arising on May 31, 2013 due to superannuation of one Mr.S.S.Rana, Member-CBDT.