JUDGMENT

The Judgment of the Court was delivered by

KULDIP SINGH, J.- Indian Statistical Service (the service) is governed by statutory rules called the Indian Statistical Service Rules, 1961 (the Rules). Respondents, in the appeal herein, are the members of the service. Tushar Ranjan Mohanty (Mohanty)-Respondent 1 belongs to the general category whereas Respondents 2 to 9 are members of the Scheduled Castes. Respondents 2 to 9 were promoted from Grade-IV to Grade-III in the service. They were promoted against the vacancies reserved for the Scheduled Castes and Scheduled Tribes under the instructions issued by the Government of India from time to time. Mohanty, being senior to Respondents 2 to 9 in Grade-IV, challenged their promotions before the Central Administrative Tribunal, Calcutta Bench, (the Tribunal) on the ground that under the reservation, in respect of appointments to the service by promotion, was not permitted under the Rules. The Tribunal accepted the contention of Mohanty and came to the conclusion that promotion of Respondents 2 to 9 in supersession of the claim of Mohanty was against theRules. The Tribunal, however, did not disturb the promotions already given to the