Judgment

S. Saghir Ahmad, J.-The respondent was appointed as a Lower Division Clerk on November 15, 1969 in the Ministry of Defence. Subsequently, in the same Department, he was appointed as a Store Keeper on 27th April, 1971 in the Central Ordnance Depot, Pune. He got the status of quasi-permanent on 27th April, 1974 and became permanent with effect from 1st May, 1974. The respondent made a request for his transfer as a Store Keeper in the Naval Physical Oceanographic Laboratory (NPOL), Cochin, which was accepted on compassionate ground and on 6th June, 1977, he was transferred to that post, but was placed at the bottom of the seniority list of Store Keepers there.

2. On 22nd August, 1980, the respondent was promoted to the post of Senior Store Keeper.

3. On 15th July, 1980, a new post of Senior Store Keeper, Grade-I was created as an intermediate grade between the posts of Senior Store Keeper and Store Superintendent. One A.K. Anujan, who was the immedi­ate senior of the respondent in the Grade of Senior Store Keeper was promoted to this intermediate post of Senior Store Keeper, Grade-I on 31st August, 1982. The respondent raised a claim that he should have been promoted as Senior S