(1) UNDER a Promotion Policy evolved by Air India on 15/06/1988, promotions to various managerial posts in the hierarchy had to be finalised in terms thereof. The appellant, who joined Air India on 12/05/1964 as Junior Traffic Assistant, was duly promoted to the next higher post of Assistant Station Superintendent on 1/10/1979. He was seeking promotion to the next higher post of Station Superintendent but he complains that on account of the change in the promotion policy in June 1988 he has been kept out from promotion even though his record has been throughout good. He complains that he has been stagnating as Assistant Station Superintendent since his appointment to that post in 1979.

(2) IT is true that the promotion policy underwent a change in June 1988. According to the said policy the promotion from the post of Assistant Station Superintendent to Station Superintendent had to be on the criteria of merit-cum- seniority. Rule 2.3 of the Promotion Policy provides that only those employees will be eligible for being considered for promotion, who, on the date of the meeting of the Promotion Committee or earlier, have been confirmed in the post, in the scale of pay next below the scale of pay of the post to which the promotion is to be made. The zone of consideration is set out in Rule 2.4. The basis for promotion is to be found in Rule 2.5. This Rule inter alia states that the basis for promotion would be merit-cum-seniority; merit to be determined by the performance and conduct of an employee in the post held by him and an assessment of the employees potential for development to shoulder higher responsibilities and seniority to prevail after meritorious candidates have been identified. According to Rule 2.5.3, the revised promotion policy provides for a selection criteria which suitably balances merit and seniority, so as to ensure that higher positions are filled by Officers possessing requisite qualities and attributes. The process of determination of merit is set out in Rule 2.6 which states that all promotions from the level of Assistant Station Superintendent/equivalent categories and above will be based on the overwhelming consideration of merit which should be objectively assessed by measuring the abilities, qualities and attributes of the employee necessary for the promotion post. This merit has to be determined on the basis of Annual Performance Appraisal Reports, personal records as well as personal interview. Out of a total 100 marks, 60 marks are reserved for Annual Performance Appraisal Reports and 40 marks for personal interview. Rule 2.6.2 indicates the factors and points to be assessed at the personal interview. The factors mentioned are professional knowledge, managerial ability, communication ability, interpersonal skills/general awareness and professional qualifications relevant to the job attained while in the grade held immediately before promotion. The marks assigned for the last three are 5 each and for the first and the second 15 and 10, respectively. Rule 2.6.4 states that the marks secured by an employee on the basis of ratings in the Annual Performance Appraisal Reports and Personal Interview will be added together and those who have obtained 70 marks or more would be considered suitable for promotion. After the candidates found suitable for promotion on the basis of merit are thus identified, they have to be arranged in the order of their inter se seniority in the panel which would operate for one year. This in brief is the promotion policy discernible from the document placed on record.

(3) BRIEFLY stated, the promotion policy is that promotion to the post of Station Superintendent shall be on the basis of merit-cum-seniority, merit to be determined on the basis of the assessments found in the Assessment Reports as well as the performance at the interview. The minimum marks required for being empanelled is 70 per cent. If a candidate gets less than 70 per cent he is not cons