(1.) These appeals are filed by the respondents before the High Court and the Central Administrative Tribunal, raising a challenge on two grounds, namely: -
(2.) Both the respondents before us worked with the appellant holding the post of Junior Administrative Grade-II (hereinafter referred to as "JAG-II") officers. Respondent in Civil Appeal No.517 of 2017 retired in the said capacity voluntarily in the year 2010. Respondent in Civil Appeal No.518 of 2017was promoted on ad hoc basis to Junior Administrative Grade-I (hereinafter referred to as "JAG-I") vide order dtd. 27/12/2011 and regularized vide notification dtd. 17/4/2012 with effect from 1/7/2011, after undergoing a selection process against the vacancies in tune with Rule 4 of the National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003 (hereinafter referred to as '2003 Rules') which prescribes 10% as the maximum in the cadre of JAG-I of the total sanctioned strength of the posts in the service. The 2003 Rules were amended vide Notification dtd. 1/10/2009, and the sanctioned strength was increased to 472.
(3.) The respondents filed separate applications before the Central Administrative Tribunal (CAT). Despite holding that the post of JAG-I is neither wholly promotional nor an upgradation, the applications were dismissed on the premise that a conjoint reading of Rule 4 and 7 of the 2003 Rules would disentitle the relief being granted.