JUDGMENT

R.M. SAHAI, J.— This appeal by grant of special leave is directed against order of Central Administrative Tribunal, Guwahati Branch. The question that arises for consideration is more of equity and fair play than law. Therefore we proceed to exercise our jurisdiction under Article 136 read with Article 142 of the Constitution to do justice between the parties.

2. Both appellants and respondents 5 to 9 were working in class D of N.F. Railways in pay scale of Rs 200-240. Next class above it according to Railway Board circular dated May 31, 1976 was C, with posts carrying scale of pay with a maximum of Rs 290 but less than Rs 900. 33 1/2 per cent of posts in this class were to be filled by promotion from class D. One of such posts was the post of Ticket Collector. It was a class III post as compared to post held by appellants and respondents which were class IV posts. Selection by promotion for various categories was held in 1982. Since promotion to the post of Ticket Collector had not been held it was processed in pursuance of notice dated May 22, 1983 in respect of existing vacancies. Written test was held in October 1983 and viva voce in February 1984 and those successful w