CENTRAL PROVIDENT FUND COMMISSIONER Vs. N RAVINDRAN

JUDGEMENT

(1.) These appeals arise out of the order of the central Administrative tribunal, ernakulam bench dated 11/2/1992 whereby the tribunal gave certain directions in regard to the Fixation of seniority of those promoted to the next higher post by virtue of seniority-cum-fitness and those promoted out of turn by virtue of their having passed a prescribed examination. A quota of 75 : 25 was prescribed; 75% for the former and 25% for the latter. The tribunal came to the conclusion that both those categories must be treated as belonging to one single class of promotees and, therefore, they must be promoted to the next higher post by first satisfying the 75% quota of those entitled to promotion by virtue of the seniority-cum-fitness rule and the 25% quota of those who become entitled to promotion by virtue of having passed the prescribed examination must take their position below the said 75%. Mr Mahajan, the learned counsel for the appellants, however, drew our attention to the observations of this court in regional Provident Fund Commissioner v. Ashok Mehta arising out of thejudgment of the central Administrative tribunal, New Delhi, wherein this court while dismissing the special leave petition to the following effect stated: