( 1 ) IN this Appeal No. 14404 of 1996, the appellant, who was selected and promoted on ad hoc basis as Assistant Engineer in the Union Territory of daman and Diu, assailed the order of the Central Administrative Tribunal, bombay Bench, in OA No. 1053 of 1992. Respondent 1 who was also a junior Engineer along with the appellant in the said Union Territory, filed an application before the Tribunal contending, inter alia, that the Departmental promotion Committee did not take the appropriate criteria for adjudging the inter se seniority for promotion in question and that the Departmental promotion Committee was not duly constituted in accordance with the relevant office memorandum and as such the decision taken by the said departmental Promotion Committee is vitiated. The Tribunal relying upon the earlier decision of the said Tribunal having set aside the appointment made in favour of the appellant, the present appeal has been preferred.

( 2 ) ON the facts averred, it appears that the appellant was appointed as junior Engineer in January 1976 whereas Respondent 1, who was the applicant before the Tribunal was appointed as Junior Engineer on 6-2-1976. A post of Assistant Engineer havi