/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2389 OF 2003 The Union of India & Ors. ...Petitioners V/s. V.K. Nair & Ors. ...Respondents Smt.S.V. Bharucha for Petitioners. Shri.S.P. Saxena & A.S. Rao for Respondent No.1 to 6. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 18th FEBRUARY, 2008. P.C.:- 1. By this petition, the petitioner-Union of India challenges the order passed by the Central Administrative Tribunal dated 28th February, 2002. By this order, the Central Administrative Tribunal directed the petitioners to promote the respondents to the post of Chargeman Grade-I against the vacancies of the year 2000. Grievance of the petitioners against the order is that the Tribunal could not have directed, even assuming that the petitioners were selected or were entitled to be selected, the appointment by promotion against vacancies of the year 2000. It is submitted that it is the prerogative of the employer whether to / 2/ fill in vacancies or not to fill in the vacancies. Court or the Tribunal can not direct the Government to make promotions or appointment. 2. The learned counsel for the Respondents accepts the position that the Tribunal could not have directed the Government to make promotions. Learned counsel, however, submits that the Bangalore Bench of the Central Administrative Tribunal has found that so far as vacancies of the year 2000 are concerned, it wrongly selected number of candidates and therefore, the Government was directed to constitute a panel for re-consideration of issue of preparation of the selection panel. He submits that, therefore, the Tribunal was justified in holding that the petitioners are entitled to be considered for being selected against the vacancies of the year 2000. 3. In our opinion, the Tribunal has no jurisdiction to direct the Government to make promotions. It was for the Government to decide whether they want to fill in vacancies which occurred in the year 2000. However, it goes without saying that in case the Government decides to fill in vacancies of the year 2000, it will have to consider all the persons including the respondents who may be in the zone of consideration and / 3/ after considering them in accordance with law, prepare a panel and then make promotions in the vacancies of the year 2000. In our opinion, therefore, following order would meet the ends of justice. 1. Order passed by the Central Administrative Tribunal dated 28th February, 2002 is modified. 2. Order of the Tribunal directing the Government to promote the respondents against vacancies of 2000 is set aside. 3. In case the Government decides to fill in vacancies, it will constitute a Departmental Promotional Committee in accordance with law and require that Panel to consider all the persons who may be in the zone of consideration including the respondents in accordance with law and in case, the respondents are selected, Government will promote them to the promotional posts against the vacancies of 2000. 4. Government is directed to take decision as indicated above as expeditiously as possible in any case / 4/ within a period of six months from today. 4. Rule is made absolute accordingly. No order as to costs. ( D.K. DESHMUKH, J.) (V.M. KANADE, J.)