Sanjiv Khanna, J.

These two writ petitions have been filed by Yash Pal impugning two different orders dated 6th May, 2004 and 9th September, 2005 passed by the Central Administrative Tribunal, Principal Bench, Delhi (tribunal, for short). The subject matter of Writ Petition (Civil) No. 10395/2004 is also made subject matter of Writ Petition (Civil) No. 23790/2005, though in the latter additional grounds and subsequent cause of action is raised and is the subject matter.

2. The petitioner had appeared in person and was heard. Ms. Maninder Acharya was appointed as an Amicus Curiae and was also heard.

3. The petitioner joined National Physical Laboratory, a constituent unit of the Council of Scientific and Industrial Research, the respondent, as a Fine Mechanic with effect from 18th May, 1979. The said post is in Group I category. The other categories being Group II, Group III and Group IV in the ascending order.

4. The respondent introduced a New Recruitment and Assessment Scheme (NRAS, for short), which was circulated on 2nd November, 1981 for Fast Track Promotions, (FTP, for short), to the scientific and technical staff as were in position on that date and possessed the prescribed entry level qualification for the next/higher group, subject to conditions stipulated in the scheme. The respondent by their letter dated 5th March, 1983 changed the cut off date for the prescribed eligibility qualification from 2nd November, 1981 to 31st December, 1981.

5. The petitioner completed and passed the Associate Membership Examination, Sections A and B of the Aeronautical Society of India on 1st September, 1982. The said examination is recognized as equivalent to Bachelors Degree in Aeronautical Engineering for the purpose of recruitment by the Ministry of Education.

6. As noticed above, the cut off date in NRAS for FTP after letter dated 5th March, 1983 was 31st December, 1981. The petitioner had passed Associate Membership Examination, Sections A and B of the Aeronautical Society of India on 1st September, 1982 and, therefore, the said qualifications was acquired by the petitioner after the cut off date. On the basis of the said qualification, the petitioner was not entitled to FTP under NRAS. However, the respondent considered the case of the petitioner for FTP within Group III and by an order dated 21st February, 1983 he was, with effect from 1st September, 1982, promoted from the post of Fine Mechanic in Group I to Technician Grade VIII in Group III with three advance increments above the normal fixation.

7. NRAS came to an end on 31st March, 1988 and was replaced by the Merit and Normal Assessment Scheme (MANAS, for short), which was circulated vide letter dated 12th July, 1990 but implemented with effect from 1st April, 1988.

8. The petitioner did not question and challenge NRAS till 1991. In the said year, he filed O.A. No. 2990/1991 that he was wrongly denied consideration for promotion as Scientist Grade in Grade IV along with consequential benefits and if he had been granted the said promotion, he would have been beneficiary of further promotions on fast track. The petitioner had stated that he had made representations but the respondent had informed him that the petitioner was not entitled to consideration for promotion in Grade IV and that by mistake the petitioner had been promoted to Group III with effect from 1st September, 1982 under NRAS, when he should have been promoted in normal course to Group III on 3rd May, 1984.

9. The petitioner filed another O.A. No. 1757/1994 challenging the vires of letter dated 5th March, 1983 by which the cut off date for educational qualifications was fixed as 31st December, 1981. It was the contention of the petitioner that the said date was irrelevant and arbitrary as the petitioner was denied promotion in spite of the fact that he had acquired a Bachelors Degree in Aeronautical Engineering on 1st September, 1982. It was stated that the petitioner was entitled to be considered for promotion under N