Judgment

S.P. Kurdukar, J.-These two civil appeals can be conveniently dis­posed of by this common judgment since they are filed against the common order dated 6th August, 1996 passed by the Himachal Pradesh Administrative Tribunal (for short ‘the Tribunal’) in O.A. No. 631 of 1994. Civil Appeal No. 3119 of 1997 is filed by Ramesh Chand Sharma who has been promoted to the selection post as Assistant Legislative Draftsman (Hindi) class-II (gazetted) on being recommended by the Departmental Promotion Committee. Civil Appeal No. 3120 of 1997 is filed by the State of Himachal Pradesh.

2. Feeder cadre to the selection post is Translator-cum-Legal Assist­ant. Under the relevant rules called “Recruitment and Promotion Rules” framed by the Government of Himachal Pradesh prescribed the condition precedent of at least three years experience in a feeder cadre i.e. Translator-cum-Legislative Assistant or Proof Reader. The Government of Himachal Pradesh accepted the recommendation of the DPC and promot­ed Ramesh Chand Sharma, the appellant as Assistant Legislative Drafts­man (Hindi) class-II (Gazetted). Although, he was junior to respondent No. 1- Udham Singh Kamal in service under the followin