JUDGMENT

S.C. AGRAWAL, J.- Leave granted.

2. We have heard the appellant who is appearing in person and the learned counsel for the respondents.

3. The appellant joined the Geological Survey of India (for short GSI) as Drilling Assistant on 12-7-1965. The said post was re-designated as Junior Technical Assistant. As per recommendation of the Departmental Promotion Committee (for short the DPC), by order dated 12-11-1978, he was promoted and posted as Senior Technical Assistant in the North-Eastern Region at Shillong. The appellant requested for a posting in the Central Region at Nagpur itself but the said request was not accepted. The said promotion of the appellant was kept open for the appellant to join at Shillong Office till 22-2-1980 on which date the said offer was cancelled by the competent authority. In August 1980 the appellant was granted ad hoc promotion to the post of Senior Technical Assistant and he was posted in the Central Region at Nagpur. He continued to hold the said post till the order dated 18-2-1985 whereby he was reverted to the post of Junior Technical Assistant with effect from 28-2-1985. The said order of reversion was passed on account of the appellant having not been selected for promotion on regular basis to the post of Senior Technical Assistant by the DPC which met in 1985. Feeling aggrieved by the said order of reversion the appellant filed a writ petition (Writ Petition No. 395 of 1985) in the High Court at Bombay, Nagpur Bench. The said writ petition was transferred to the Central Administrative Tribunal, Bombay Bench (hereinafter referred to as "the Tribunal") and it was registered as Transfer Petition No. 343 of 1987. Before the Tribunal the appellant submitted that according to the Rules the DPC should meet every year but in the present case the DPC did not meet during the period from 1979 to 1984 and, therefore, proceedings of the DPC which met in 1985 were liable to be quashed. The Tribunal, however, rejected the said contention and dismissed the said petition by judgment, dated 8-8-1990. Feeling aggrieved by the said judgment of the Tribunal the appellant has filed this appeal.

4. The appellant has placed reliance on the office memorandum dated 24-12-1980 of the Government of India, Ministry of Home Affairs (Department of Personnel and Administrative Reforms) on the subject "Principles for promotion to Selection posts" wherein it is stated that in a number of cases the meetings of the DPC are not held annually as required even though there were vacancies resulting in the bunching of vacancies which in turn enlarged the field of choice and upset the relative seniority positions in the higher grade on account of supersessions and after considering the various points which were raised by various Ministries/Departments the following instructions were issued :

"3. Zone of consideration for promotion to posts filled by Selection.- Reference is invited to the Ministry of Home Affairs (New Department of Personnel and A.R.) OM No. 1/4-55/-RPS dated 13-5-1967 laying down certain principles for promotion. In the operation of these principles it has been observed that the absence of clearly defined limits on the context of the field of choice has led to lack of uniformity in the practices being followed by the DPCs. Similarly, it is felt that a large field of choice might result in excessive supersessions. Again, despite repeated instructions of the Government to hold DPCs annually there have been quite a few cases of delays resulting in vacancies being bunched. This would enlarge the field of choice and upset the relative seniority positions in the higher post with reference to the positions which would not have resulted had the DPCs met at the appropriate time. In view of these considerations it has been decided in consultation with the UPSC as under in supersession of this Departments OM No. 1/4/55-RPS dated 16-5-1957 and all other documents having any bearing on the matter herein dealt with.

(a) The