(1.) THE Inland Waterways Authority of India is a body under the Ministry of Shipping, Government of India. It was established on October 27, 1986. On August 26, 1992 the appellant authority framed seniority-cum-promotion/recruitment regulation being Inland waterways Authority of India (Recruitment, Seniority and Promotion)Regulation, 1992 (hereinafter referred to as the "said regulation of 1992"). Under the said regulation of 1992 the post of Assistant Director was to be filled up 50% by promotion and 50% by transfer on deputation failing which by direct recruitment. On January 19, 1995 the respondent No. 1 was appointed in the post of Technical Assistant as a direct recruit. Since he was a diploma engineer as per the regulation of 1992 so amended in 1993 he became entitled to be considered for promotion in the post of Assistant director after five years experience in the feeder post. Thus he was entitled to be considered for promotion on or after January 19, 2000. Respondent no. 1 was a schedule caste candidate and was entitled to have special benefit as per the reservation policy of the Government. As per the roster the first post of the Assistant Director was to be filled up taking a scheduled caste candidate and thereafter the 7th post was reserved for the scheduled caste. There were altogether 13 posts of Assistant Directors. At that time there were six direct recruited Assistant Directors and one promotee Assistant director working on January 19, 2000. The promotee officer was from general category. On April 12, 2001 three more officers were promoted from general category. Subsequently, three Assistant Directors were promoted to the higher post of Deputy Director and by their subsequent promotions three posts of Assistant Director fell vacant. Representation was made by the respondent No. 1 for his consideration in the scheduled caste category. Same was not adhered to. In 2002 three more officers were appointed in the post of Assistant Directors. On April 26, 2002 another general category officer was promoted in the post of Assistant Director without considering the case of the respondent No. 1 as scheduled caste candidate. In 2002, after the promotion of Sri V. N. Mishra there were six direct recruited Assistant directors and five promotee Assistant Directors, all from general category.

(2.) BEING aggrieved and dissatisfied with the non-action on the part of the appellant authority respondent No. 1 moved a writ petition in September, 2002. The writ petition was heard on merits after exchange of affidavits. The learned Single Judge by judgment and order dated May 23, 2003 allowed the writ petition by quashing the promotion orders dated April 12, 2001 and april 26, 2002 by which the private respondents in the said writ petition had been promoted and directed consideration of the respondent No. 1 for promotion as scheduled caste candidate. Hence, this appeal (FMA No. 1539 of 2003) by the appellant.

(3.) DURING the pendency of the appeal the appellant authority gave promotion to the respondent No. 1 vide office order dated June 22/23, 2004.

(4.) THE promotees were also made parties to the writ petition. Despite service they did not appear before His Lordship. However, after their promotions were set aside by His Lordship they preferred a separate appeal being F. M. A. No. 1538 of 2003 which was also heard by us along with FMA no. 1539 of 2003.

(5.) WE heard the appeals on the above-mentioned date. Since the respondent No. 1 got promotion in the post of Assistant Director subsequently only question need be considered in these appeals is whether he should be given retrospective benefit from April 12, 2001 when the first promotion was given after he became entitled and if so whether the promotional orders set aside by the learned Single Judge could be revived after placing the respondent No. 1 appropriately in the seniority list.

(6.) MR. Anoop Bose, learned Counsel appearing for the appellants (FMA no. 1539 of