NUTANARVIND Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order dated December 22, 1994 of the Central Administrative Tribunal Principal Bench, New Delhi in O. A. No. 1796 of 1989.

(3.) We had issued notice to the respondents to show to this Court whether the consideration for promotion was on merit and ability or seniority-cum-merit and what was the principle that was followed in grading the Officers by the DPC, Pursuant to the said notice, learned counsel for the Union of India has brought to our notice the instructions issued by the Government of India and was in vogue prior to May 12, 1988. The Administrative Instructions contained in Memorandum of the Government dated 17th May, 1957 which was approved by this Court in Union of India etc., v. Majji Jangamayya etc. [(1977) 2 SCR 28} . This Court had accepted the criteria laid down in those instructions which were as under: