ORDER

1. We have heard learned counsel and have gone through the record.

2. It appears from the letter dated 16-3-1991 addressed by the Commanding Manager (Administration) to the appellant as well as from the counter filed by one Commander Khanna. Chief Staff Officer in July 1993 in reply to this appeal, that there was a roster maintained for promotion to the post of the Senior Foreman, Grade I. When the incumbent of the said post, viz., Shri Pillai retired on 31-1-1991, the post fell vacant. At this stage, according to the roster, it was the turn of a Scheduled Caste candidate to fill in the post by promotion. However, no Scheduled Caste candidate was available. There is nothing on record to show that if a Schedule Caste candidate is not available, the rule requires that the post should be offered to either a Schedule Tribe or an OBC candidate. Nor is there any material to show that even if such a rule existed, candidates from the said two categories were available to be appointed. On the other hand, both the said letter as well as the counter show that the stand taken by the respondents was that the said post would remain vacant and in fact it has remained vacant because no Sched