JUDGMENT

S.C. Agrawal, J.-Special leave granted.

2. This appeal is directed against the judgment of the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal ). It relates to empanelment and appointment on the post of Secretary to the Government of India or equivalent post. Respondent No. 1 (hereinafter referred to as the respondent ) is a member of the Indian Administrative Service (I.A.S.) belonging to 1962 batch. In February 1990 he was promoted as Additional Secretary. In 1993 a Special Committee consisting of the Cabinet Secretary, the Principal Secretary to the Prime Minister and the Home Secretary prepared a panel of I.A.S. officers of 1962 batch for appointment as Secretaries to the Government of India or equivalent post. The said panel was considered by the Appointments Committee of the Cabinet (for short ACC ) of the Government of India and appointments were made on the posts of Secretaries in March 1993. The respondent was not empanelled and hence he was not appointed as Secretary. Feeling aggrieved by the said non-inclusion in the panel, he filed a petition (O.A. No. 539 of 1994) before the Tribunal which has been allowed