( 1 ) THIS writ petition is directed against a judgment dated 31. 3. 1999 passed by the Central Administrative tribunal, Hyderabad Bench in O. A. No. 1560 of 1997 whereby and whereunder the original Application filed by the respondents 1 to 4 herein was disposed of with certain directions.

( 2 ) RESPONDENTS 1 to 4 herein who are working as Stenographers in Employees state Insurance Corporation (ESI), hyderabad filed the aforementioned Original application before the Tribunal to set aside the notification No. A-12 (11)-2/94 Estt. I (A) dated 1. 3. 1997 published in the Gazette of india on 22. 3. 1997 notifying the Employees state Insurance Corporation (Head Clerk/ assistant) Recruitment Regulations, 1997, regulating the method of recruitment to the post of Head Clerk/assistant, so far as it has not included the category of Stenographers as feeder category for the purpose of promotion thereto and for a further direction to include the category of Stenographers also as one of the feeder categories for promotion to the category of Head Clerks/ assistants with consequential reliefs.

( 3 ) THE relevant facts necessary for the disposal of the writ petition are as follows: respondents 1 to 4 herein are working as Stenographers in ESI, Corporation, hyderabad, w. e. f. 24. 2. 1984, 3. 5. 1985, 28. 2. 1991 and 1. 1. 1992 respectively. The category of Stenographers was one of the feeder categories for the purpose of promotion to the category of Head Clerks/ assistants as per the Employees State insurance Corporation (Recruitment) regulations, 1965, apart from the categories of UDCs/udc Incharge/udc Cashier/ care Taker etc. As per the said Regulations, stenographers are eligible for promotion on merit basis but the promotion was not being in direct line. However, as per note-3 appended to Schedule-II to the said regulations, it was stated that they may be posted to work as UDC for two years before they are considered for promotion to the higher grade, in which event, their promotion to higher category will be in direct line. By reason of amendment issued to the said Regulations by Notification dated 28. 6. 1974, Note-3 was deleted, as a result whereof, the stenographers were made eligible for promotion to the post of Head clerk/assistants/managers Gr. III only as against 50% merit quota. Therefore, there is no dispute that the category of stenographers is one of the feeder categories for promotion to the category of Head Clerks/ assistants.

( 4 ) BY reason of the 1965 Regulations, stenographers have also a channel of promotion to the category of Personal assistant, which is equivalent to the Grade of Head Clerk to the extent of 50% and the remaining 50% are to be filled by direct recruitment. It appears that by reason of notification dated 19. 4. 1994, separate regulations were issued regarding the recruitment for the posts of Stenographers/ personal Assistant/sr. Personal Assistants in the ESI Corporation, called the ESIC (Stenographers) Recruitment Regulations, 1994. In terms of the said regulations, the method of recruitment to the category of personal Assistants is 50% by the method of promotion from amongst the stenographers on the basis of seniority subject to rejection of the unfit and the remaining 50% by promotion from amongst the Stenographers having rendered one year regular service on the basis of departmental competitive test in Stenography of the same standard as prescribed for direct recruitment, failing which by direct recruitment. However, so far as the post of Senior personal Assistant is concerned, it was classified as Grade c Ministerial in the pay scale of Rs. 1640-60-2600-EB-75-2900. The method of recruitment was by promotion from the category of Personal Assistants with 3 years regular service on the basis of seniority subject to rejection of the unfit.

( 5 ) WHILE things stood thus, the administrative Officer, of ESI Corporation, new Delhi issued letter dated 30. 6. 1995 calling the Stenographer