ORDER

This special leave petition arises from the order of the Central Administrative Tribunal, Chandigarh Bench, made on 6.9.1996 in OA No. 330/CH/89. Admittedly, the respondent belongs to Scheduled Castes and was eligible for promotion as Head-Draftsman. For the promotion to the said post, the petitioners appointed Mr. Ravinder Kumar Sood on March 30, 1988 and Mr. Dharam Nand on March 14, 1989. The respondent had challenged their promotion and non-consideration of his case claiming that he was eligible to be considered in the post as a reserved candidate though the post was meant for Scheduled Tribes. By order of the Government of India, the posts are inter-changeable between Scheduled Castes and the Scheduled Tribes and if the candidate belonging to Scheduled Tribes is not available, the eligible candidate belonging to Scheduled Castes is entitled to be considered for promotion to the post reserved for Scheduled Tribe Candidates. Since he was not considered, the legitimate right to promotion given according to the roster was denied to him. The Tribunal accepted the contention and allowed the petition. In the meanwhile, pending his application he came to be promoted on June 26, 19