S. B. SINHA, CJ, J. ( 1 ) THIS writ petition is directed against a judgment dated 29-11-1999 passed by the Central Administrative tribunal in O. A. No. 1731 of 1998 whereby and whereunder the application filed by the petitioner herein was dismissed. ( 2 ) THE petitioner herein was appointed in Group D post on 7-4-1994. Pursuant to a notification dated 4-12-1996 calling for applications from the eligible candidates for promotion to a post in Group C the petitioner had made an application and was also empanelled 8-1-1997 for promotion. When he completed three years service he was promoted on 29-4-1997. However, subsequently he was sought to be reverted for the reason that by the date of consideration of his case for promotion he did not complete three years of service and therefore he was not eligible for being considered. By proceedings dated 14-12-1998 he was reverted. ( 3 ) THE learned Tribunal formulated the questions thus: whether the specific rule of 189 for promotion to the post of Junior Clerk in group C from those of the Group D staff by selection is to be read in isolation or it should be read in conjunction of general rules for selection posts embodied in Rule 215 (a) of irem. ( 4 ) RULES 189 (ii) and 215 (a) of the rules read thus: 189 (ii) :group D railway servants to be eligible for promotion to Group C posts should have put in a minimum 3 years of continuous service. This does not apply to scheduled Castes and Scheduled Tribes candidates. 215 (a): Selection post shall be filled by a positive act of selection made with the help of Selection Boards from amongst the staff eligible for selection. The positive act of selection may consist of a written test and or viva-voce test: in every case viva-voce being a must. The staff in the immediate lower grade with a minimum of 2 years service in that grade will only be eligible for promotion. The service for this purpose will include service if any, rendered on ad hoc basis followed by regular service without break. The condition of two years service should stand fulfilled at the time of actual promotion and not necessarily at the stage of consideration. The service for this purpose will include service if any, rendered on ad hoc basis followed by regular service without break. The condition of two years service should stand fulfilled at the time of actual promotion and not necessarily at the stage of consideration. ( 5 ) A bare perusal of the aforementioned rules would clearly go to show tat for the purpose of consideration for promotion it is not necessary that the employee concerned should have completed more than two years of service in the next below post. At the stage of consideration the merit of the candidate is considered for the purpose of finding out his suitablility but actual promotion is deferred till he completes three years of service. We do not find any irrationality therein. The learned tribunal, in our considered opinion, unnecessarily went into the question of seniority and other matters which was not necessary keeping in view the plain language of the rule. It is unfortunate that although the learned Tribunal has read the rule correctly and deprecated the tendency on the part of the respondents to deny the employees the benefit which they are legally entitled to, proceeded to dismiss the application. ( 6 ) SUCH rule having been framed for the benefit of the employee as also for the adminstration inasmuch as consideration of the fitness and/or suitability of the candidate is to be made at one point of time and not at different junctures as and when the condemned employees complete their two years of service the same should receive liberal construction. The virus of the said rule is not in question. The respondents themselves have not given effect to the said rules in favour of the petitioner by reason whereof he was entitled to the benefit thereof. ( 7 ) FOR the reasons aforementioned the writ petition is allowed with costs. The petitioner shall be deemed to have been promoted as originally directed. Counsel s fee is assessed at Rs. 2,000/- (Rupees two thousand only ).