Judgment

C.K. Thakker, J. —

1.The present appeal is filed by the Union of India & Ors. against the Judgment and Order passed by the High Court of Delhi on January 30, 2002 in Civil Writ Petition No. 6281 of 1999. By the said Judgment, the High Court confirmed the Judgment and Order dated April 30, 1999 passed by the Central Administrative Tribunal, Delhi (‘CAT’ for short) in Original Application No. 2146 of 1998.

2.To appreciate the issue raised in the present appeal, few relevant facts may be noted.

3.The respondents herein (applicants before CAT) filed Original Application against the action of the Central Excise and Customs Department of not considering their cases for promotion to the post of Upper Division Clerk (‘UDC’ for short) from the post of Lower Division Clerk (‘LDC’ for short). According to the applicants, they joined service in the Office of Central Board of Excise and Customs, Department of Revenue as LDCs. Applicant No.1 Deo Narain joined as LDC on June 11, 1962 (sic 1982). Applicant No. 2 Bijender Singh joined on September 9, 1986. Applicant No. 3-Nandan Singh joined on May 5, 1988 whereas applicant No.4-Ram Kishan joined on March 17, 1987. In accordance with the polic