G. K. MISRA, C. J.

( 1 ) IN the cadre of lower division assistants of the office of the Chief Engineer, roads and Buildings, Orissa. Sri Bishnu Charan Mohanty (Petitioner) was admittedly senior to Sarbasri G. N. Sarangi (O. P. No. 3) Sri A. C. Naik (O. P. No. 4), and Sri K. C. Patnaik (O. P. No. 5 ). Opposite parties 3, 4 and 5 were promoted to the posts of Grade II U. D. Assistants with effect from 16-8-63, 26-10-l964 and 4-1-1967 respectively to the Government (O. P. No. 1) against his supersession by opp. parties 3, 4 and 5. By letter dated 10-5-1969 (Annexure-1) the Under secretary in Works and Transport Department wrote to the Chief Engineer (Roads and Buildings) as follows:-

" with reference to your letter No. 3989 dated 7-2-1969 on the subject noted above, I am directed to say that Government have been pleased to order that Sri A. Naik (serial 12) and Sri K. C. Patnaik (serial 17) of the list furnished in your letter under reference who have already got promotion to the Grade II U. D. Assistant may be reverted to L. D. Asstt. Sri S. N. Naik (serial 9) and Sri B. C. Mohanty (Serial 10) who are senior to Sri A. Naik and Sri K. C. Patnaik may be promoted to Grade II U. D. Assi