S.P. Talukdar, J.

The Chairman, Union Public Service Commission, as appellant/petitioner, filed an application under Article 226 of the Constitution of India being numbered W.P.C.T. 772 of 2002. It is directed against the order dated 8th May, 2002 passed by the learned Central Administrative Tribunal, Calcutta Bench in O.A. No. 290 of 2001.

2. The relevant facts of the petitioner's case are, in a nutshell, as follows:-

Respondent No.1, namely Prabhu Dayal Khandelwal, is Commissioner of Income Tax, now posted in Calcutta. The next promotional post of Commissioner of Income Tax is Chief Commissioner of Income Tax. All posts of Chief Commissioner of Income Tax are filled by promotion from amongst the Commissioners of Income Tax having at least three years regular service in the Senior Administrative Grade, Respondent No. 1 is working as Commissioner of Income Tax since 24th January, 1989 and is eligible to be considered for promotion to the post of Chief Commissioner of Income Tax arose for the year 2000-2001. Similarly 46 vacancies arose in the said post of Chief Commissioner of Income Tax during the year 2001-2002. The Department of Revenue, Government of India, sent a proposal