Judgment

KASLIWAL, J.:- Union of India and the Home Secretary Chandigarh Administration have filed this appeal by grant of special leave challenging the order of the Central Administrative Tribunal, Chandigarh dated March 3, 1988. The respondent, Shri S. K. Sharma was appointed initially as Assistant Professor on 24-9-1958 in the Punjab Engineering College, Chandigarh. He was promoted as Associate Professor on 23-10-1963. The respondent was then promoted as Professor (junior Scale) on temporary and ad hoc basis for a period of six months in the department of Irrigation and Hydraulics vide order dated 29-3-1969. The respondent was thereafter appointed as Professor (Junior Scale) on regular basis through U.P.S.C. vide order dated 28-6-1969 on probation for a period of two years in the Civil Engineering Departmerit of the College. The respondent relinquished the earlier charge of Professor (Junior Scale) of Irrigation and Hydraulics and assumed the charge of his new post with effect from the same date. However, since Dr. S. S. Sharma was holding the post of Professor (Junior Scale) in the Civil Engineering Department, the said post was not available to the respondent Sh. S. K. Sharma a