RASTOGI, J. - (1.) Leave granted.
(2.) The instant appeal is directed against the judgment and order dated 14th November, 2006 passed by the High Court of Uttarakhand directing the present appellant to adjust the original petitioner­-1st respondent and other persons like him who were earlier promoted in the cadre of Indian Forest Service (hereinafter being referred to as the "IFS") in the year 1996 against the notional vacancies and consequential pensionary benefits keeping in view the judgment of this Court in Union of India and Others Vs. Vipinchandra Hiralal Shah 1996(6) SCC 721.
(3.) The facts in brief which are relevant for the present purpose are that the 1st respondent was the member of State Forest Service of UP Cadre and after clubbing of the earlier year vacancies of 1984­96, promotions were made to the IFS cadre with effect from 6 th September, 1996 by an Order dated 16 th September, 1996 that came to be challenged by filing of an original application before the Central Administrative Tribunal(hereinafter being referred to as the "Tribunal") on the premise that clubbing of vacancies is not permissible and it is in violation of Regulation 5 of the IFS(Appointment by Promotion) Regulations, 1966(hereinafter being referred to as "Regulations 1966") based on the judgment of this Court in Union of India and Others(supra). The Tribunal allowed the application and quashed the order of promotion dated 10 th September, 1997 as follows:­ "30. In view of the foregoing discussions, we have no manner of doubt that it was incumbent upon the respondents to prepare separate year wise vacancies restricting zone of consideration in relation to the vacancies of each year. This it is, however not to suggest that officers who are included in the year wise select list are to be given promotion retrospectively from the year in which they are selected. This was the proposition advanced... and we reject the same. 31. The Impugned select list is accordingly quashed only on the short point that this was a combined select list of vacancies which arose during a period of nearly 12 years. We direct the respondents to prepare year wise select list by holding review DPC in accordance with the law. Officers who have already been promoted on the basis of impugned zsselect list need not, however, be reverted but their further continuance as members of IFS cadre would depend on the outcome of the review DPC which shall be held by the Respondents within a period not exceeding 2 months..." ;