ORDER

1. Heard the learned counsel for the parties at length.

2. After going through the matter we find that it will be appropriate to refer this matter to a larger Bench because the order passed by the Central Administrative Tribunal (in short "CAT") dated 7-7-1992 which was affirmed by this Court on 9-9-19931 has created a very anomalous position.

3. There are four different grades in the Department which read asunder:

(1) Grade I:

Pay scale: 975-1660

(Telegraph Assistant/Telegraphist)

(2) Grade II:

Pay scale: 1400-2300

(Section Supervisor/Telegraph Master)

(3) Grade III:

Pay scale: 1600-2660

(Senior Section Supervisor)

(4) Grade IV:

Pay scale: 2000-3200

(Chief Section Supervisor)

4. The question is that on what basis the promotion is to be given. In normal course of business a person in Grade I is to be promoted on the basis of seniority from Grade I to Grade II and likewise from Grade II to Grade III and from Grade III to Grade IV. But because of a clarification issued by the Department dated 3-4-1991, the basic grade seniority should be taken into consideration for promotion and not the pay scales. If this is to be taken, then this will mean that a person who is in Grade I and has put