Judgment

KRISHNA IYER, J. - An unfortunate administrative error, which was discovered long after, has led to an avoidable writ petition, writ appeal and an appeal to this Court necessarily involving a considerable period of litigation and considerable expense. We have heard both sides at great length and have followed the points of the petitioner which appealed to the learned single Judge of the High Court and of the respondent which appealed to the Division Bench which up-turned the judgment of the learned single Judge. We tentatively indicated what struck us as the correct and just conclusion. Counsel on both sides feel that the conclusion we have reached and which will be presently set down is manifestly fair in the circumstances of the case.

2. The appellant joined the Southern Railway as a clerk way back in October 1948 and was confirmed as train clerk on April 1, 1949. He worked his way up and became a wagon chaser in an ex cadre post. Thereafter, he was entitled to become Assistant Yard Master but, for reasons which we need not go into, be continued as wagon chaser. The promotion post for Assistant Yard Master is that of traffic inspector. Unfortunately, the appellant was not