(1) THE Union of India in the Ministry of Defence is in appeal against the order of the Central Administrative Tribunal. By the impugned order the Tribunal has quashed all promotions from Grade D to Grade E that took place in the year 1985 and 1986 and also directed that the question of promotion from Grade D to Grade E should be reconsidered, without reverting the promotees.

(2) ADMITTEDLY, the respondent was promoted to Grade D on 1-7-1980. The promotion in the service is governed by a set of rules framed under Article 309 of the Constitution called "the Defence Research and Development Service Rules, 1979". Under the rules which were in force at the relevant point of time a person in Grade D could be considered for promotion to Grade E on completion of five years of regular service in Grade D. It further provided that if an officer had earned three successive "outstanding" reports or four successive "very good" reports in the same grade he shall be assessed for promotion to the next higher grade. In other words, if the respondent would have earned three outstanding reports in Grade D then he could have been considered for promotion to Grade E in the year 1983 and