S. B. SINHA, C. J.

( 1 ) THIS petition is directed against the judgment dated 23-7-1999 passed by the central Administrative Tribunal in O. A. No. 883 of 1998 whereby and whereunder the application filed by the respondent No. 3 herein questioning the seniority of the petitioner was allowed.

( 2 ) BEFORE considering the rival submissions, it is necessary to consider the fact of the matter.

( 3 ) THE petitioner as also the unofficial respondent were appointed as Lower division Clerks. They were promoted as upper Division Clerks, The rule governing the said promotion provides for filing up of 50% of the vacancies on the basis of the competitive examination limited to the lower Division Clerks and the rest on the basis of seniority-cum-fitness.

( 4 ) THE petitioner herein opted for the first mode of promotion and was regularly promoted as Senior Division Clerk on 24-8-1976. The unofficial respondent was however promoted on the basis of seniority on the same date viz. , 24-8-1976. The petitioner was placed at serial No. l whereas the unofficial respondent was placed at serial No. 2. They were appointed substantively to the posts with effect from the same date on 13-11-1981 and in order

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