ORDER

1. Leave granted.

2. The appellant was appointed as a Junior Assistant in the Registration and Stamps Department in the Warangal District of A. P. in 1978. Respondents 4 and 5 were juniors to his as Junior Assistants. The appellant was promoted temporarily as Senior Assistant on 23-10-1989. But when his seniors were reverted, he had given place to them. In GOMs No. 378 on 30-3-1991 two posts of Senior Assistant were created and Respondents 4 and 5 were appointed to those posts but the appellant was not considered and was thus denied the appointment. Consequently, he filed an application in the tribunal. The tribunal in the impugned order dated 5-8-1994 made in OA No. 7580 of 1992 while holding that the appellant was not entitled to the promotion from the date on which his immediate juniors were promoted, directed the respondents to consider his case for promotion to the post of Senior Assistant as per the rules and eligibility. Calling in question the said orders this appeal by special leave has been filed.

3. Shri A. D. N. Rao, the learned counsel for the appellant, contended that stoppage of increment is not a penalty for promotion. Under Rule 34(b) (ii) of the A. P. State