V. R. KINGAONKAR, J.: - This petition is preferred against dismissal of Original Application No. 129 of 2000 by the Central Administrative Tribunal (for short Tribunal) whereby the petitioners claim for placement of his name in the seniority list above the name of respondent No.4 was rejected.

2. There is no dispute about the fact that the petitioner was appointed on regular basis to the post of Lower Division Clerk w.e.f. 16th October, 1978 and was promoted as Upper Division Clerk w.e.f. 9th April, 1984. The next promotion available to him was in the post of Office Superintendent. The criteria for such promotion is "Seniority - cum - Fitness" by non - selection method from amongst Upper Division Clerks/Stenographers Grade II employees with 5 years service in the grade and minimum 2 years experience of administrative work.

3. One Shri R. Kailash was promoted as Administrative Officer and as such post of Office Superintendent in CGHS Office at Pune had fallen vacant. The petitioner was appointed as Office Superintendent in the said vacant post w.e.f. 10th July, 1992. His promotion was effected with a rider that the appointment will not confer any right for regular