( 1 ) APPLICABILITY of a decision of the Apex Court in U. P. Jal Nigam and Ors. Vs. Prabhat Chandra Jain and ors. reported in (1996) 2 SCC 363 in the facts and circumstances of this case, is the question involved in this writ petition.

( 2 ) THE basic fact of the matter is as follows:

( 3 ) THE petitioner was appointed as Architect assistant in the office of the Central Public Works department. He was again appointed as Deputy Architect in the said department. He was promoted to the post of architect. The petitioner would contend that he was eligible and qualified in all respects to be promoted to the post of Senior Architect. However, he was superseded by the respondents 3 to 6 although he was senior to them. The petitioner would further contend that his position is at S. No. 13 in the seniority list whereas the respondents 3 to 6 were at S. No. 14, 16 and 19.

( 4 ) BEING agarieved by and dissatisfied with the said action on the part of the respondents in promoting the said respondents in supersession of his claim, he filed an Original Application before the Central administrative Tribunal, New Delhi questioning the said order dated 2nd February, 1998 which was marked as