Judgment

R.V. Raveendran, J. Application for substitution allowed. The appellants are permitted to bring the legal heirs of the deceased respondent on record. Cause title to be amended.

Heard.

2. The respondent, a diploma holder in mechanical engineering belonging to a schedule caste, while working as a Senior Section Engineer, Signal and Telecommunications, Southern Railways, in the year 1976, was considered alongwith others, for adhoc promotion to the post of Asst. Signal and Telecommunication Engineer ('ASTE' for short). Those who passed the medical examination (which included the tests to find out whether the candidates were not suffering from colour blindness) were given ad hoc promotions. However the medical examination report of respondent showed that he was colour blind and, therefore, he was not given ad hoc promotion as ASTE.

3. In the year 1980, the respondent appeared for the written examination for regular promotion to Class II Group 'B' Services (including ASTE), but failed to qualify and was not promoted. According to the respondent, three other schedule caste candidates who were earlier given ad hoc promotion as ASTE, and who also had failed in the written examinati