( 1 ) THIS appeal is directed against the order of the Central Administrative tribunal ("the Tribunal"), Allahabad Bench. The appellant who had been appointed as a Sanitary Inspector in the year 1964, claimed one of the upgraded posts of Senior Health Inspector on the ground that 50 per cent of the cadre of Sanitary Inspector having been upgraded on 1-1-1979, on the basis of hisseniority he was entitled to one of those posts. It may be stated that subsequent to 1-1-1979, the appellant faced departmental proceedings and after finding him guilty, certain punishment had been inflicted upon him. But, that punishment was ultimately quashed by an order of the Tribunal dated 29-6-1988. After the said punishment was quashed, the appellant again made a representation for getting one of those upgraded posts as well as for consideration of his case to the post of Chief Health Inspector which, according to him, was due in the year 1984, but having been unsuccessful therein, he approached the Tribunal again. The stand of the Railway administration before the Tribunal however was that on 1-1-1979 the appellants case for one of the upgraded posts was duly considered by the appropriate authority,