S. MURALIDHAR, J.

( 1 ) THESE two appeals are taken up together as common questions are involved.

( 2 ) LPA No 940 of 2002 is directed against an order dated 1. 5. 2002 passed by the learned Single Judge disposing of the Writ Petition (C) 4550 of 2000 filed by the respondent Shri N. K. Sethi and directing the appellant- Air India to consider the case of Shri Sethi for promotion to the post of Assistant Manager, if otherwise eligible, by including the tenure of his past service rendered during the time he was in Mumbai.

( 3 ) LPA No 57 of 2003 is directed against the impugned judgment dated 1. 5. 2002 passed by the learned Single Judge disposing of the Writ Petition (C)5549 of 2000 filed by the respondent Shri S. K. Sahni whereby the appellant Air india was directed to consider the case of Shri Sahni for promotion to the post of Assistant Manager, if otherwise eligible, by including the tenure of his service rendered as Store Keeper in Mumbai.

( 4 ) THE issue arising in this case stems from a Note No. 3 in the promotion policy dated 8. 5. 1996 of the appellant, which reads as under :"note 3 in the case of those staff who have, in the past, opted for voluntary transfer, the perio