ORDER

Special leave granted. Heard the learned counsel for the parties.

2. By its Employment Notice No. 1/90 the Railway Recruitment Board invited applications for 308 vacancies in the post of Diesel Assistants in Palghat and Trivandrum Divisions of the Southern Railways. Among others the respondent applied for the above post, and on his success in the written examination and viva voce test held for the purpose, the Board included his name in the select list, published under Notification No. 4/91 dated March 25, 1991 and forwarded the same to the Southern Railway Administration recommending appointments therefrom. As in spite of his such inclusion in the panel he was not being given any appointment, he filed an application before the Central Administrative Tribunal, Ernakulam, contending inter alia, that even though in the select list his rank was 172 he had not been given appointment but persons lower in rank were appointed. Accordingly, he prayed for necessary directions for his appointment as a Diesel Assistant in accordance with his position in the panel.

3. In contesting the application the appellant-Railways contended that subsequent to the issuance of the notification dated Mar