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 period of service rendered in the grade prior to such voluntary, transfer, will not be counted for reckoning the total service in the clerical cadre for the purposes of eligibility. "as per the said promotion policy dated 8. 5. 1996, in order to provide avenues for promotion on the completion of a certain number of years in the Clerical and other allied categories, it was stipulated that a Senior Office Assistant and those in a similar grade, would be considered for promotion to the post of assistant Manager on the completion of a total number of 19 years from the initial entry in the "clerical grade. " background Facts :

( 5 ) IN Shri Sethi's case, he joined as a Canteen Assistant on 16. 5. 1978 in Mumbai and he was subsequently promoted to post of Senior Canteen Assistant. In the letter dated 28. 7. 1984 accepting his request for transfer, Air India informed Shri Sethi as follows :"on your transfer as Clerk in the Commercial Department at Delhi in the lower pay scale of Rs. 320-700, your Basic Pay will be Rs. 390/- p. m. Further, please note that you will be ranked as Junior most among the clerical categories including probationers in the Northern India Region of the Commercial department, from the date of your transfer under Manager-Delhi Airport. In other words, you will lose your claim for seniority in the category of Senior canteen Assistant which you are holding at present in the Personnel Department. Please note that since this is a voluntary transfer, you will not be admissible for any transfer benefits. "

( 6 ) IN reply to the said letter, Shri Sethi conveyed his acceptance in writing on the same date, i. e, 28. 7. 1984 in the following terms :"acceptance Form i accept the terms and conditions mentioned in your letter No. BD/emp/21134 dated 28. 7. 1984, regarding my transfer as a Clerk in the Commercial Department under Manager Delhi Airport. "yours faithfully, sd/- (N. K. Sethi)St. No. 21134, sr. Canteen Assistant canteen Services Divn, personnel Department, santa Cruz.

( 7 ) LATER, Shri Sethi was promoted as Senior Clerk on 1. 7. 1990, as Office assistant (Asstt. Officer- Admn) on 1. 7. 1994 and Officer (Admn.) on 1. 7. 1998. Taking the view that Shri Sethi entered the clerical grade only on 28. 7. 1984 upon his transfer to Delhi, Air India did not consider him for time-bond promotion to the post of Assistant Manager as of 2000 since he had not completed 19 years in that grade. Applying Note 3 to the promotion policy, it included the period served by Shri Sethi in Mumbai while completing the 19 years.

( 8 ) AGGRIEVED by this, Shri Sethi filed a Writ Petition (C) No 4550 of 2000 in this Court challenging the constitutional validity of Note No. 3 of the promotion policy and praying for a writ of mandamus to Air India to promote him to the post