Judgment

S.C. AGRAWAL, J.

(1) SPECIAL leave granted.

(2) WE have heard learned counsel for the appellants in the appeals and the respondent in person in appeals arising out of Special Leave Petition (C) Nos. 14261-62 of 1992 and the learned counsel for the respondent in appeal arising out of Special Leave Petition (C) No. 14402 of 1992.

(3) THESE appeals are directed against the orders dated 4/03/1992 passed by the central Administrative tribunal, Principal bench, New Delhi, hereinafter referred to as the tribunal. Since they raise common questions for consideration they have been heard together and are being disposed of by this common order.

(4) DELHI, Andaman & Nicobar Islands Civil Service, hereinafter referred to as the Service, is governed by the Delhi and Andaman & Nicobar Islands Civil Service Rules, 1971, hereinafter referred to as the Rules. Initially the Service consisted of two grades, viz.. Grade I (Selection Grade) and Grade II. By memorandum dated 26/11/1987, the government of India decided that with effect from 1/01/1986, the pay structure of the Service would be as under: (i) Entry Grade Rs.2000-3500 Existing

(ii) Selection Grade Rs.3000-4500 Existing

(After 8 years)

(20% of APS)

(iii) Junior Administrative Grade Rs.3700-5000 New scale

(After 12 years) introduced

[With at least 4 years in

Selection Grade]

(20% of APS — Subject to

identification of posts)

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(5) IN the said memorandum, it was stated that necessary amendments in the Rules are being carried out. The said amendments were introduced by Delhi and Andaman & Nicobar Islands Civil Service (Amendment) Rules, 1988, hereinafter referred to as the 1988 Amendment, notified vide Notification dated 22/11/1988. Some of the amendments introduced in the Rules by the 1988 Amendment were : ( 1 ) Sub-rule (2 of Rule 3 was substituted by the following provision : "(2 The Service shall have the following three grades, namely : (i) Junior Administrative Grade; (ii) Grade I (Selection Grade); and (iii) Grade II." (2 Rule 18 was substituted by the following provision : "18. All appointments to the Service shall be made to the Junior Administrative Grade, Grade I or Grade II of the service and not against any specific posts included in the service." (3 Rule 30 was substituted as under : "30. The scales of pay attached to the service shall be as follows : (i) Junior Administrative Grade Rs. 3700-125-4700-150-5000; (ii) Grade I (Selection Grade) Rs. 3000-100-3500-125-4500; (iii) Grade II rs.2000-60-2300-EB-75-3200-100-3500." (4 In Rule 31 relating to appointments to Junior Administrative Grade and to Selection Grade sub-rules (2 and (3 were introduced as under :

"(2 An officer with a minimum of five years of regular service in Grade I shall be eligible for being considered for promotion to Junior Administrative Grade. NOTE: However, for vacancies occurring up to 31/12/1991, an officer with at least four years regular service in Grade I shall also be eligible for being considered for appointment to Junior Administrative Grade provided he has got a minimum 12 years of combined regular service in Grade I and Grade II. Provided that any service rendered in Grade II which was taken into account for promotion to Grade I by a duly constituted DPC will be deemed to be regular service for the purpose of reckoning qualifying years of service: Provided further that service rendered in an equivalent post in a State Civil Service or in Grade II of the Delhi and Himachal Pradesh Civil Service or Delhi, Himachal Pradesh and Andaman & Nicobar Islands Civil Service shall count towards the 12 years period : Provided further that where a Junior person is considered for such appointment, all persons senior to him shall also be considered for promotion to Junior Administrative Grade provided they have put in at least four years regular service in Grade 1. (3 The crucial date for determining the eligibility of officers for promo