(1) HEARD learned counsel for the parties.

(2) THIS appeal is filed against the judgment and order dated 17-9-1996 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 2084 of 1995. By the impugned order, the Tribunal arrived at a conclusion that the constitution of a Departmental Promotion Committee for promotion to the grades of Joint Secretary and Legislative Counsel (Hindi Branch) was against the statutory rules framed under Article 309 of the Constitution.

(3) AS per the State statutory rules, constitution of a Departmental Promotion Committee should consist of:

(i)

Chairman/Member, UPSC

Chairman

(ii)

Secretary, Legislative Department, M/o

Member

Law & Justice

(iii)

Additional Secretary, Official Languages

Member

Wing, Legislative Department, M/o Law

& Justice

(4) OFFICE memorandum dated 10-4-1989 issued by the Government of India while issuing guidelines on Departmental Promotion Committees provides as under:

"2.7. In Group A and Group B services/posts if none of the officers included in DPC as per the composition given in the recruitment rules is an SC or ST officer, it would be in order to co-opt a member b