UNTWALIA, KAILASAM
RAILWAY BOARD – Appellant
Versus
P. R. SUBRAMANIYAN – Respondent
1. This is an appeal by special leave. The appellants are the Railway Board and some officers of the Southern Railway are concerned with the passing of the impugned orders. Respondents 1 to 9 were clerks in the Southern Railway in Grade II. They were all promoted eventually to Accounts Clerks, Grade I. In the seniority list, however, respondents 3 to 9 were shown as senior to respondents 1 and 2. Hence the latter challenged the order Ext. P-4 dated the 6th of March. 1972 by filing a writ petition in the Kerala High Court. The petition was dismissed by a learned single judge, but their appeal was allowed by the Division Bench. Hence the Railway administration has filed the present appeal. Mr. U. R. Lalit appeared for the appellants and Mr. S. Balakrishnan contested the appeal on behalf of respondent No. 1. No other respondent appeared.
2. For getting promotion from Grade II to Grade I, the respondents had to pass a departmental examination known as Appendix II-A Examination. In Grade II, respondent No 1 having been appointed earlier was senior to respondents 2 to 9 and respondent 2 was junior to respondent 3 but senior to respondents 4 to 9. Respondents 3 to 5 bad passed
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