JUDGMENT

MOHAN, J.:—Leave granted.

Both these appeals can be dealt with by a common judgment since identical issues are involved. They are directed against the judgment of the Central Administrative Tribunal, Madras dated 23-1-1992. S.L.P. No. 7138/ 82 is preferred by Union of India while S.L.P. No.6494/92 is filed by the affected party (Dr. M. Khalilulla).

2. The parties are referred to as mentioned in S.L.P. No. 7138/92. The facts are as under.

The President of India sanctioned 33 posts in super-time grade of Central Health Services in the scale of Rs. 5900-200-6700 plus non-practising allowance at the normal rates as admissible to other similar posts. The sanction was up to 29-2-88. The sanction was conveyed by the Under Secretary to the Government of India, Ministry of Health and Welfare, New Delhi on 26-8-1987. After the creation of these posts, proposals were sent to the Union Public Service Commission for convening the meetings of the Departmental Promotion Committee for selection of candidates for promotion. The Union Public Service Commission approved to amend R. 4(6) of Central Health Service Rules of 1982. It also approved the method of recruitment, field of selection and principles of seniority to fill up these 35 posts as a one time measure in the absence of notified recruitment rules. In its communication dated 29-9-88 the Union Public Service Commission besides referring to the above appropriate specifically, stated :

"These 35 posts may be treated as common posts both at present and in future to be included in the category of the floating posts for the Teaching and Non-Teaching sub-cadres mentioned in Rule 4(6) of the CHS Rules of 1982. The eligibility conditions for promotion will be 3 years of regular service as Professor Specialist Grade I failing which Professors / Specia -lists Grade I with 17 years of regular service in Group A ".

3-4. In the end, the Commission advised that the basis of eligibility and the eligibility list might be circulated to all concerned, their objections invited and settled before the meeting of Departmental Promotion Committee (Health). It also requested that the final eligibility list might be sent to the Union Public Service Commission. On 3-11-88, this decision was conveyed to all the concerned parties stating that it has been decided to fill up the posts by selection method i.e. merit with regard to seniority. The eligibility conditions for promotion will be 3 years of regular service as Professor failing which should be Professors with 17 years. of regular service in Group A.

5. Together with that letter was enclosed the eligibility list of Professors. On the basis of the principles stated in the letter, errors / omissions / objections etc. were to be intimated to the Ministry within one month.

6. In the eligibility list included, Dr. P. Rajaram, the first respondent, was assigned rank No. 13 while Dr. M. Kalilullah, the third respondent was assigned the rank No. 24.

7. On 20-9-1989, in accordance with the guidelines dt. 10-3-89, the Departmental Promotion Committee met for selection of officers for the promotion to the super-time grade posts of Director Professor in the Central Health Service.

8. It requires to be stated that these posts were extended from time to time. Each extension was for a period of one year. Ultimately by an order dated 2-4-1992, it has been extended for a period of one year up to 28-2-1993,

9. Consequent upon the selection by Union Public Service by an order dated 17- 1-1990, the President was pleased to appoint under Rule 4(10) of the Central Health Services Rules, 1982 the officers of Specialist Grade I of the Teaching Specialist sub-cadre of the Central Health Service to supertime grade of the Teaching specialist sub-cadre of the Central Health Service. They were posted as Director-Professors on an officiating basis in the pay scale of Rs. 5900-6700 plus non practising allowance @ Rs. 950/- p.m. The dates of promotions were indicated against each of the ap