The delay in promotions was justified by valid and cogent reasons, and there was no evidence of mala-fides. The inoperativeness of the 1982 Rules and the conscious decision to defer promotions until the revision of Recruitment Rules supported the delay.

G.S. SISTANI, J.

1. Both the writ petitions arise out of orders passed by the Central Administrative Tribunal (in short the Tribunal). In W.P. (C) 244/2002 an order dated 31.08.2001 passed by the Tribunal in OA 2403/2000 is impugned; while in W.P. (C) 7885/2007 an order dated 15.05.2007 in OA 1910/2005 is impugned. While deciding OA 1910/2005, by a short order, the Tribunal held that the applicant was similarly circumstanced with the applicants in OA 2403/2000, wherein the Tribunal had quashed the panel for promotion to Junior Scientific Officer created as per the new recruitment rules and directed the respondents to prepare a fresh panel as per the un-amended recruitment rules.

2. The counsel for the parties agree that the basic facts are the same. The point of law which arises for consideration is also the same. Arguments have been advanced in both the matters and with the consent of the parties; both the matters are being decided by a common judgment.

3. For the sake of convenience, the facts of W.P. (C) 244/2002 are being noticed.

4. The respondent no. 1 is the Defence Marine Engineering Technical Staff Welfare Association; while respondent no. 2/Mr. V.K. Chawla, who at the relevant time, was working as a Senior Technical Assistant (in short STA) as was the respondent in W.P. (C) 7885/2007. The grievance of the respondents before the Tribunal was that despite being eligible for promotion to the post of Junior Scientific Officer (in short JSO), the petitioner herein did not hold a DPC between the period 1994 to 2000, thus depriving the respondents of their lawful promotion from STA to JSO. The common case of the parties is that promotion to the post of JSO, which was a Group "B" Gazetted Post, was to be filled up by promotion from the feeder cadres of Foremen (FM), Senior Scientific Assistant (SSA), Senior Technical Assistant (STA) and Chief Draughtsmen (CDM).

5. The submission of the respondents/applicants before the Tribunal was that as per the un-amended Recruitment Rules notified on 02.02.1982, the feeder categories for the post of JSO were Foremen/Senior Scientific Assistant/Senior Technical Assistant/Chief Draughtsmen. Further, a 20 point roster was to be followed in the chronological order of Foremen, SSA, STA and Chief Draughtsmen. Later, vide OM dated 16.06.1998, on the recommendations of the Board of Arbitration, the petitioner allowed 41% of STAs to be placed in the pay scale of Rs. 2375-3500 w.e.f. 01.01.1988 but, according to the respondents herein this was only a placement and did not amount to promotion, as the benefit of FR 22 (1) (a) was not extended. Later, upon the recommendations of the Fifth Central Pay Commission, STAs in the higher pay grade have been re-designated as STA-I and the remaining have been designated as STA-II. The petitioners had not held any DPC for the post of JSO from 1994 to 2000 which resulted in accumulation of vacancies. In 2000, vide SRO 84 dated 21.03.2000 and notified on 08.04.2000, i.e. the amended Recruitment Rules, the promotion to the grade of JSO was from the feeder cadres of Foreman/SSA/Chief Draughtsman/STA-I in the respective disciplines. While preparing the panel all the vacancies were clubbed and the panel has been formed on the basis of the amended Recruitment Rules. While 15 STAs would have been empanelled as per the old Rules, only 9 STAs were included as per the new Rules as now only STA-I stood as a feeder cadre to the exclusion of the persons now categorised as STA-II. It was also submitted that in the panel impugned, STAs were placed en bloc junior to Foremen, Chief Draftsman and SSAs, which is not permissible as per law. The submissions of the respondents before the Tribunal were that the failure of the petitioners herein to follow the old Recruitment Rules, including the 20-point roster, fewer posts have been allotted to STAs. It was incumbent upon