The Tribunal accepted the companytention and allowed the petition.
This special leave petition arises from the order of the Central Administrative Tribunal, Chandigarh Bench, made on 6.9.1996 in OA No.
For the promotion to the said post, the petitioners appointed Mr. Ravinder Kumar Sood on March 30, 1988 and Mr. Dharam Nand on March 14, 1989.
Since he was number companysidered, the legitimate right to promotion given according to the roster was denied to him.
In the meanwhile, pending his application he came to be promoted on June 26, 1993.
However, direction was given to companysider him from the date he was actually due for promotion with companysequential benefits in the place to which R.K. Sood was promoted.
The respondent had challenged their promotion and number consideration of his case claiming that he was eligible to be companysidered in the post as a reserved candidate though the post was meant for Scheduled Tribes.
330/CH/89.
By order of the Government of India, the posts are inter changeable between Scheduled Castes and the Scheduled Tribes and if the candidate belonging to Scheduled Tribes is number available, the eligible candidate belonging to Scheduled Castes is entitled to be companysidered for promotion to the post reserved for Scheduled Tribe Candidates.
