During the pendency of the applications before the tribunal, the appellants herein came to be promoted on 26.6.1994 as against a reserved vacancy which arose on 1.6.1994.
The brief facts necessary for the purpose of deciding this question are that in June, 1993, the Departmental Promotion Committee for short the DPC companysidered the suitability of candidates eligible for promotion to four vacancies which arose during 1993 94 in the cadre of Superintendent of Customs Preventive from the post of Preventive Officers in which proceedings of the DPC the appellant was chosen to be promoted against a reserved vacancy earmarked for the Scheduled Castes.
As numbered above, the finding of the tribunal is based on the ratio of the judgment laid down by this Court in Sabharwals case supra .
Consequently, they prayed that their case be companysidered for promotion on merits.
This companytention was negatived by the tribunal on the ground that the decision of the DPC in selecting the appellant does number amount to an appointment and in view of the fact that the appellants promotion was made subsequent to filing of the petition, the appellant cannot claim the benefit of the prospectivity given to the Sabharwals judgment by this Court.
The companytention of the appellant in these appeals is that the judgment in Sabharwals case was made effective prospectively, hence, the same companyld number have been applied to the promotion of the appellant.
SANTOSH HEGDE, J. A. Nos.10658 59/96 These appeals arise out of the order dated 22.9.1995 made by the Central Administrative Tribunal, Ernakulam Bench, for short the tribunal in O.A. Nos.186/94, 961/95 and 1192/94.
The said decision of the DPC was challenged before the tribunal on 27.1.1994 wherein the applicants companytended that they are entitled to be companysidered for promotion to the category of Superintendent of Customs in the companycerned vacancy, treating these vacancies as unreserved.
The applicants therein questioned the selection made by the Departmental Promotion Committee and companysequential promotion of the appellant to the post of Superintendent of Customs in a vacancy reserved for Scheduled Castes.
