F.M. Ibrahim Kalifulla, J.

The Union of India represented by the Secretary to Government, Water Resources Department and the Central Ground Water Board along with the Union Public Service Commission are the petitioners. The challenge is to the order of the Central Administrative Tribunal dated 30.09.2002 passed in O.A.No.419 of 2002. The issue concerns the promotion of respondents 2 and 3 from the post of Assistant Hydrogeologist to the post of Scientist B, viz., Junior Hydrogeologist.

2. The second and third respondents joined the post of Assistant Hydrogeologist in the year 1987 and 1988 respectively. As per the Rules, on completion of three years of service in the post of Assistant Hydrogeologist, they are entitled to be considered for promotion to the post of Scientist B namely Junior Hydrogeologist. The second and third respondents became eligible for being considered for Scientist B post in the year 1990. However, they were actually promoted to Scientist B post only in the year 2001. The grievance of the second and third respondents was that they ought to have been promoted to Scientist B post once they became eligible in the year 1990 and therefore, the petitioners should be directed to accord such promotion to Scientist B post from the year 1990 onwards. In support of the said claim, the second and third respondents placed reliance upon Rule 6 (2) and (3) of the Central Ground Water Board (Scientific Group A Post) Recruitment Rules 1987.

3. Rule 6 reads as under:

"6. Future Maintenance. (1) The method of recruitment, age limit, qualifications and other matters connected therewith shall be specified in columns 5 to 13 of the Schedule

(2) The assessment Board as specified in the Schedule to the various posts shall meet at least once a year and shall consider the cases of all departmental officers, who have rendered the requisite qualifying service. In the respective grade on the 1st January of the year following the year to which the departmental officers have become eligible for in situ promotion wherever applicable, to assess their suitability for promotion to the next higher grade.

(3) The system of flexible complementing and "in situ" promotions shall be followed in the matter of promotion of departmental officers in the grade of Scientist B Scientist C and Scientist D to the respective higher grades, namely, Scientist C and Scientist D subject to the following conditions, namely:-

(a) The total number of officers in the grades of Scientist D, shall not exceed 30% of the total number of posts in the grades of Scientist B Scientist C and Scientist D put together.

(b) The total number of officers taken together shall not exceed the total number of posts in the grades of Scientist B Scientist C and Scientist D at any given point of time but their shall be complete flexibility in the number of posts in relation to the respective grades.

(c) The departmental officers who have rendered in the respective grade the requisite regular service specified in column (11) of the Schedule may be recommended by the Board of Assessment comprising the officers specified in column (12) of the Schedule for promotion to the next higher grade. While evaluating the suitability of the officers for promotion, the Assessment Board shall take into consideration their qualifications, performance, merit and seniority. The selection shall be on basis of confidential reports and interview. However, the Assessment Board, may at their discretion, consider in absentia the candidature of such officer who is unable to present himself for the interview. The Assessment Board shall draw up a list of officers who are assessed as fit for promotion to the next higher grade. In so far as persons undergoing training in India or abroad (under F.R.51) are concerned, they shall be promoted to the next higher grade with effect from the date they would have been so promoted had they not proceeded on training subject to the following conditions being ful