JUDGMENT

S. RATNAVEL PANDIAN, J.:— Leave granted.

2. This appeal is directed by the appellants, namely, Union of India and the Telecom Commission challenging the correctness of the judgment and order of the Central Administrative Tribunal, Ernakulam. Bench dated 12-7-1991 made in O.A. No. 1058 of 1991.

3. The respondent herein is a Kerala based permanent employee in the Department of Telecommunications, Government of India. He was selected in 1972 and posted as Engineering Supervisor. On successful completion of training, he was appointed in that, capacity on 30-3-1974. Subsequently, he was redesignated as Junior Telecom Officer (for short JTO) and allotted to the Kerala Circle. The next higher post for promotion was Telegraph Engineering Service Group B (for short TES) under the provisions of TES (Group B Post) Recruitment Rules, 1981. The applicant passed the Departmental Qualifying Examination in 1985 and became eligible for promotion to TES Group B post but he was not given the promotion because of stagnation in that post. The Administration of the Department in 1991 upgraged 3200 posts of JTOs to TES Group B after the approval of DPC. The appellant No. 2 ordered the promotion o