' The Petitions Nos.643 and 644 of 2002 are converted into appeals and the appeals are disposed of with the following observations.
2. After hearing at length the controversy between the parties is narrowed down to the extent that whether the Tribunal could direct the petitioners to promote the respondents to PG-VII w,e,f, 18-8- 1982 with all consequential financial and service benefits. The law laid down by this Court on this point is that nobody can ask for promotion as a right and the giving or refusal of promotion is a matter, which is within exclusive domain of the Government/executive authority. It depends upon so many factors, such as, competency, availability of posts and antecedents etc.
3. Accordingly, the direction given by the Tribunal to the petitioners to promote the respondents is set aside. The department, however, is directed to consider the promotion of the respondents from the date their juniors were promoted, subject to the rules on promotion.