JUDGMENT

K. JAGANNATHA SHETTY, J. :— Mr. K.G.S. Bhatt - Respondent No. 1 in this appeal was a civil engineer-A in, the Central Food and Technological Research Institute, Mysore, which is one of the national institutes under Council of Scientific and Industrial Research. He was not considered for any kind of promotion for nearly two decades. He approached the Central Administrative Tribunal, Bangalore Bench making that grievance and asking for relief. The Tribunal by judgment dated August 7, 1987 allowed his claim which has been challenged in this appeal by leave.

2. Council of Scientific and Industrial Research is a society registered under the Societies Registration Act. It is appellant No. I in this appeal. The Director of Central Food and Technological Research Institute at Mysore is appellant No. 2. They are hereinafter together called as the appellant. The appellant has framed certain bye-laws for regulating promotion of technical and scientific staff. One such bye-law is bye-law 71(b)(ii) which expressly does not cover the case of civil engineers. The Tribunal, however, extended the benefit of that bye-law to respondent 1 also. It directed the appellant to consider his case fo