( 1 ) SPECIAL leave granted.

( 2 ) HEARD counsel on both sides. This appeal is directed against the judgment of the Tamil Nadu Administrative Tribunal which allowed the appeals of respondents 3 to 5 and quashed the temporary promotions of the appellants 2 to 4 as Deputy Transport Commissioners.

( 3 ) ON 23/03/1988 the Tamil Nadu government approved a panel of six Regional Transport Officers including the four appellants before us for the purpose of temporary promotion to the cadre of Deputy Transport Commissioners. Respondents 3 to 5 who are seniors to the appellants were, however, not included in the panel. They were excluded from the panel either on account of disciplinary proceedings initiated or criminal case pending against them. In view of pendency of such proceedings, the government had decided to overlook their promotions as Deputy Transport Commissioner. The said respondents preferred writ petitions before the High court of Madras questioning the exclusion of their names in the approved panel and seeking direction to include their names therein. The writ petitions were transferred to the Tamil Nadu Administrative tribunal. The tribunal on consideration of the relevant rule