- (1.) Leave granted.
(2.) These appeals by special leave arise against the order of the Administrative Tribunal, Tamil Nadu passed in OA No. 708/93 and 1685/93 on August 2, 1994. The appellant-Corporation had adopted a dual policy of appointment of Education Officers either by promotion from the subordinate cadre or appointment by deputation from the Government service. It would appear that the post of Education Officer was upgraded to the post of Deputy Director and they sought appointment by transfer of a Government Officer to fill up the post of Deputy Director to supervise the educational standards in the Corporation. The respondents-Union challenged the said action of the appellant in the Tribunal. The Tribunal while upholding the power of the Corporation had directed thus: "Therefore, a post in the cadre of the Corporation equivalent to the District Educational Officer should be created to which persons from the Corporations cadre could be appointed and such persons could be considered after a minimum period of experience for advancement to the higher post in the rank of Chief Educational Officer to be in overall charge of the Corporations Educational Department."
(3.) Feeling aggrieved against this order, this appeal has been filed. Shri R. Mohan, learned senior counsel for the Corporation, has contended that the creation of the post and prescription of qualifications are the legal policy of the Government or the executive policy of the Government. The Tribunal cannot give the direction to create a post or to prescribe the experience as may be required as an incumbent to hold the post. We find that there is force is the contention.;