S.P.BHARUCHA , J.

(1) THERE is no merit in this appeal. A case is being made out in this Court which was never made out in the High Court. An undertaking is being relied upon which was never produced before the High Court. Upon the material document, namely the order of transfer, the High Court was right in coming to the conclusion that the transfer was in the interest of service and that, therefore, the respondent was entitled to count his seniority as a clerk from the date on which he was appointed as a driver in the Army.

(2) THE civil appeal is dismissed with costs.