JUDGMENT

A. K. PATNAIK, J.

These two appeals are against two separate but identical orders passed by Division Bench of the High Court of Delhi on 22.05.2003 in C.W. No.4555 of 2002 and C.W. No.4556 of 2002.

2. The facts very briefly are that in the Department of Telecommunications of the Government of India there are four Grades of employees and these are:

Basic Grade [Telegraph Assistant / Telegraphist] = Pay

Scale Rs.975-1660.

Grade II [Section Supervisor / Telegraph Master] = Pay Scale Rs.1400-2300.

Grade III [Senior Section Supervisor] = Pay Scale Rs.1600-2660.

Grade IV [Chief Section Supervisor] = Pay Scale Rs.2000-3200.

3. Initially, promotions from one Grade to the higher grade were made on the basis of seniority to the 2/3rd of the posts and on the basis of departmental examination to the 1/3rd of the posts. With effect from 30.11.1983, the Government of India, Ministry of Communications, Department of Telecommunications (for short `the Government') introduced One Time Bound Promotion Scheme under which regular employees, who had completed sixteen years of service in a grade, were placed in the next higher grade.

4. Thereafter, by a circular dated 16.10.1990 the Government introduced a new Scheme known as Biennial Cadre Review' (for short `the BCR Scheme'). Under the BCR Scheme, those employees, who were on regular service as on 01.01.1990 and had completed 26 years of satisfactory service in the basic grades, were to be screened by a duly constituted Committee to assess their performance and determine their suitability for advancement and if they were found suitable they were to be upgraded in the higher scale. The circular dated 16.10.1990, however, limited such upgradation to 10% of the posts in the lower pay-scale and the review of the cadres for the purpose of such upgradation was to take place once in two years.

5. The Government then issued clarifications on some points in its letter dated 11.03.1991 on the BCR Scheme. Point No.10 and the clarification thereon in the letter dated 11.03.1991 are quoted hereunder:-

"Point raised by the field unit Clarification

"10. Whether Officers already The seniority of officials is to be

having pay scale of Rs. maintained with reference to the basic

1600-2600 will rank senior cadres and functional

to Officials in the promotional posts they hold and

scale of Rs.1400-2300 for not merely with

the 10% quota (Rs.2000- reference to the pay scales."

3200)

4. Some officers of Grade III who were senior in the basic grade but had lost their seniority in Grade III because of their later promotions and who were not considered for upgradation to Grade IV under the BCR Scheme, namely, Smt. Santosh Kapoor and others, filed O.A. No.1455 of 1991 before the Central Administrative Tribunal, New Delhi, contending on the basis of clarification on Point No.10 made in the letter dated 11.0.3.1991 that under the BCR Scheme, seniority in the basic grade was to be counted for the purpose of upgradation on completion of 26 years of service and this contention was resisted by the Government and other respondents in the O.A. and the Tribunal in its order dated 07.07.1992 directed that promotions of 10% posts in the s