( 1 ) THIS appeal is against a Judgment and order dated 25th November, 2005, dismissing Writ Petition No. 126 of 2005 filed by the Appellant, inter alia challenging the appointment and/or promotion of the Respondent No. 6 as Assistant Engineer with effect from 23rd april, 1999.

( 2 ) THE facts giving rise to the Appeal are briefly enumerated hereinafter.

( 3 ) THE appellant and the Respondent No. 6 are both Assistant engineers of the Port Blair Municipal Council (hereinafter referred to as the Respondent Council ).

( 4 ) BY a letter No. 3389 dated 15th September, 1989, the Secretary of the Municipal Board, Port Blair informed the Employment Officer of the Islands of the Board's requirement for a suitable candidate with diploma in Automobile Engineering for appointment as Junior engineer and requested her to forward a list of candidates.

( 5 ) PURSUANT to the requisition of the Municipal Board made vide its aforesaid letter dated 15th September, 1989, the Employment Officer sponsored the names of 11 candidates including the appellant and the respondent No. 6.

( 6 ) OF the eleven candidates, about seven candidates including the appellant and the Respondent No. 6 ap