ARIJIT PASAYAT, J.

( 1 ) LEAVE granted. Questioning correctness of the judgment rendered by the Division bench of the Karnataka High Court the Union of India and the Director, Central poultry Breeding Farm Hassarghatta, Bangalore having filed these appeals. The controversy lies within a very narrow campass. The respondents who were working as Malis (Gardeners) claimed promotion on the basis of office memorandum dated 13th September, 1991 as modified by the office memorandum dated 6th November, 1991. Both the office memorandums related to Career advancements of Group 'c' and Group 'd' employees. Originally the employees were given a scale of pay of Rs. 950/- - Rs. 1540/- with a starting pay of rs. 950/- with effect from 1st April, 1991. Subsequently, it was clarified that they were entitled to lesser scale of pay i. e. Rs. 775/- - Rs. 1025/ -. The basis of the claim of the employees was sub-para (f) of the office memorandum dated 13th september, 1991 which reads as under :-

"employees given promotion in situ will continue to be borne on the seniority list of the lower cadre/post and will be considered for functional promotion against available vacancies as per provisions of the Recru