JUDGMENT

DUTT, J:- Special leave is granted. Heard learned counsel for both parties.

2. The respondents were holding the posts of Junior Scientific Officers (Group B posts) in the Defence Research & Development Service. They were promoted to the posts of Scientists B with effect from October 16, 1985 or from the date they would actually assume charge of the posts. The respondents filed an application before the Central Administrative Tribunal, Allahabad, claiming that they should have been promoted 443 to the posts of Scientists B with effect from July 1, 1984. The Tribunal rejected the prayer of the respondents that their promotions should have been made with effect from July 1, 1984. The Tribunal, however, directed that their promotions should be with effect from the date on which the promotional posts were created. The short question involved in this appeal is whether the Tribunal was justified in directing that the respondents promotion should be with effect from the date the promotional posts were created.

2A. Under R. 8(1)(a) of the Defence Research & Development Service Rules, 1970, hereinafter referred to. as the Rules" all those who have been recruited before the promulgation