JUDGMENT

FAIZAN UDDIN, J.—Delay condoned.

2. Leave granted. Counsel for the parties are heard.

3. In this appeal under Article 136 of the Constitution of India the appellant has challenged the judgment dated 31-7-1992 passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (hereinafter referred to as the Tribunal) dismissing the application of the appellant filed under Section 19 of the Administrative Tribunals Act, 1985 against the respondents herein seeking the relief of declaration that the action of Respondents 1 and 2 in not promoting the applicant to the post of Deputy Director/Executive Engineer along with other candidates by an order dated 28-2-1990 as arbitrary or illegal. In the said application the appellant also sought a direction to the respondents to declare him as having been promoted to the post of Deputy Director/Executive Engineer with effect from 28-2-1990 with all consequential benefits.

4. The short question that arises for determination by this Court in this appeal is whether the Tribunal has correctly interpreted the Office Memorandum No. 27/2/71-E 4(SET) dated 27-11-1972 in holding that theappellant was not entitled to be promoted as Deputy Director/Executive Engineer because of his placement in the approved promotion panel.

5. Admittedly at the relevant time the appellant was holding the post of Assistant Director/Assistant Executive Engineer, in Central Water Engineering (Group A) and that he was fully eligible for being considered for promotion to the next higher grade of Deputy Director/Executive Engineer. The appellants case before the Tribunal was that though his name was considered and he being the only candidate belonging to the Scheduled Tribe community his name was included in the panel of selected candidates and placed at Serial No. 26 of the combined select list but by order dated 28-2-1990 only 22 persons were promoted and the appellant was not promoted because there were only 22 posts available and therefore persons at Serial Nos. 1 to 22 in the approved panel were promoted while according to the appellant when 22 persons were promoted there should in any case be at least one point belonging to the Scheduled Tribe candidate in accordance with the prescribed roster. The appellant, therefore, approached the Tribunal for the necessary direction.

6. The respondents contested the appellants application by stating that 78 vacancies were anticipated up to 31-12-1990 out of which 12 were reserved for Scheduled Castes and 6 for the Scheduled Tribes against which only the appellant, as the sole officer belonging to the Scheduled Caste community was found eligible by the Departmental Promotion Committee in its sitting held on 3-8-1990 and 27-8-1990. The respondents further stand was that having regard to the directions contained in Office Memorandum No. 27/2/71-E(SET) dated 27-11-1972 issued by the Department of Personnel, they prepared separate select lists of candidates belonging to the Scheduled Castes and Scheduled Tribes in addition to the general list and all the 3 separate select lists were merged into one combined list in which the names of all the selected officers including those belonging to Scheduled Castes and Scheduled Tribes were arranged in the order of their inter se seniority in the feeder cadre viz. Assistant Director/Assistant Executive Engineer in which the name of the appellant figured at SI. No. 26. It was stated by the respondents that the number of vacancies as were anticipated did not come through and they could promote only 22 officers and, therefore, the first 22 in the panel of the combined list were promoted. The appellant could not be promoted as his chance for promotion would come only according to his placement in the approved panel.

7. The Tribunal, after considering the rival contentions, came to the conclusion that having regard to the promotion policy the promotions have to be made in accordance with the instructions contained in the Office Memorandu