ORDER : Civil appeal @ SLP (C) No. 8728 of 1995 Kuldip Singh, J. 1. Special leave granted. 2. Manmohan Batra, respondent in the appeal herein, was working as a Stenographer in the pay scale of Rs. 1640-2900. He was promoted to the grade of Rs. 2000-3200 with a specific condition that he would hold the higher pay scale till the time he is working with a Professor of eminence. The scheme under which a Professor of eminence was appointed was dropped by the Institute with the result that the respondent was reverted to the grade of Rs. 1640-2900. He challenged the order of reversion before the Central Administrative Tribunal, Jodhpur Bench, Jodhpur. The Tribunal partly allowed the application and passed the following order: "In view of the above discussion, we allow this application partly, quash the order dated 30-11-1991 (Annexure A/1) qua the applicant and direct that he shall be allowed to continue in the scale of Rs. 2000-3200 so long as the post of Director in the Institute is held by a person in the scale of Rs. 5900-6700 or above or any other officer in this scale is working in the Institute. He will, however, be liable to be reverted to the grade of Rs. 1640-2900, if and when the post of Director in the Institute is held by a person in a scale lower than Rs. 5900-6700 and no other officer is available in the Institute in the scale of Rs. 5900-6700 or above." 3. The respondent filed a review petition before the Tribunal and in the review petition, the Tribunal modified the above order in the following terms: "We have heard both the learned counsel for the parties. We agree to modify our order in para 17 to this effect that the applicant shall not be placed in the lower pay scale till a regularly selected Director by the due process of law is not posted in the Institute and is not also placed in the prescribed pay scale of Rs. 5900-7300. The applicant is presently continuing on the same post, which we direct that he shall continue to hold the same till the compliance of the observation made by us above, is made by the respondents. This disposes of the review application with no order as to costs." 4.
5900-7300. The applicant is presently continuing on the same post, which we direct that he shall continue to hold the same till the compliance of the observation made by us above, is made by the respondents. This disposes of the review application with no order as to costs." 4. We are of the view that the Tribunal was not justified in modifying the earlier direction in the review petition. It is entirely for the Indian Council for Agricultural Research to appoint a Director in an appropriate grade. The Tribunal could not have issued any direction forcing the employer to create a post in a higher grade and appoint a Director. 5. We, therefore, allow the appeal and set aside the impugned order passed by the Tribunal in the review application. SLP (C) No. 8729 of 1995 6. In view of the order passed in civil appeal @ Special Leave Petition (C) No. 8728 of 1995, this special leave petition is dismissed. Appeal allowed.