When two interpretations are possible one which brings the provision in consonance with concept of equality should be preferred.

P.K. Misra, J.

All these writ petitions raise common questions of law relating to interpretation of G.O. Ms. No.126 Personnel and Administrative Reforms (U. Spl) Department dated 29.5.1998. Alf these writ petitions which are directed against the common order passed by the Tribunal in several Original Applications have been heard together and shall be governed by the present common order.

2. Till 1961, each and every Department in the Government Secretariat had a separate unit for appointment, promotion, etc. In the year 1960, the special rules for Madras Secretariat Service was amended, where under all the Departments in the Secretariat were made "ONE UNIT" for the purpose of appointment and promotion. By G.O. Ms. No. 70, dated 17.1.1961 issued by the Public (Services) Department of the Tamil Nadu Government, all the Departments in the Secretariat, including Law and Finance, were brought under a common unit, which was known as "ONE UNIT". Appointment to all entry level posts, i.e., Junior Assistants (subsequently Te-designated as Assistants), Assistants (subsequently redesignated as Assistant Section Officers), Typists/Personal Clerks were to be made from the common list of candidates selected by the Tamil Nadu Public Service Commission. Consequently, promotion to different higher posts in different departments were also being made from such employees. Subsequently, by G.O. Ms. No.1290 Public (Services) Department, dated 5.6.1970, Finance and Law Departments were excluded from "ONE UNIT" system. However, the entry level posts in the cadre of Assistants, Assistant Section Officers, Typists/Personal Clerks continued to be filled up from the common list of candidates, but so far as Finance and Law Departments were concerned, further promotions in such Departments were effected from among the employees allotted to such Departments. The allotment to Finance Department was not on the basis of any particular criterion, but the candidates were allotted at random and may be on the basis of option of any particular candidate. In the process, many persons, who were ranking higher in the selection, were employed in "ONE UNIT" department, whereas some of the candidates ranking lower were employed under fortuitous circumstances in Finance Department, Since the scope for promotion in the Finance Department was more compared to number of candidates available, many persons who had been employed under Finance Department got further promotions much ahead of their peers or even seniors, who were discharging their duties in other Departments coming within "ONE UNIT". Subsequently, by G.O. Ms. No. 3288 Public (Services) Department, dated 29.10.1971, the Special Rules for the Tamil Nadu Secretariat Service were amended specifying Finance and Law Department as separate units from the level of Superintendent [Section Officers) and above. However, no specific amendment to Rule 4 of the Special Rules for the Tamil Nadu Secretariat Service has been made to specify that only Assistants in Finance Department are eligible for promotion as Superintendents in Finance Department. In view of the above, the Assistants (Assistant Section Officers) in other Departments of Secretariat under "ONE UNIT" were also eligible along with Assistants (Assistant Section Officers) for promotion as Superintendents (Section Officers) in the Finance Department. However, this policy had not been implemented.

While the matter stood thus, two persons belonging to "ONE UNIT" had filed O.A. No. 166 of 1990 before the Tamil Nadu Administrative Tribunal claiming promotion and pay scale on par with juniors in the Finance Department who had been promoted to higher posts in such Finance Department. Such original application was allowed by the Tribunal by order dated 16.4.1993 on the ground that there was no method to allot any person to the Finance Department and the persons in other Departments, namely, "ONE UNIT" should not be deprived of the benefit of promotion. The Tribunal