Hon’ble Siddharth, J.—Heard Sri Ranjit Saxena, learned Counsel for the petitioner and Sri A.K.Saxena, learned Counsel for the respondents.

2. The above noted writ petition is directed against the order dated 29.5.2009 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad dismissing Original Application No. 1572 of 2002, whereby the relief of promotion prayed by the petitioner was denied to him.

3. The brief facts of the petition are that the petitioner, while working as Chargeman Grade-II at Itarsi (Madhya Pradesh) sought transfer to Ordnance Clothing Factory, Shahjahanpur. This transfer was on his own request and on the condition that he will forego his seniority at the place of transfer and shall be placed at the bottom of the seniority list. Accordingly, the petitioner joined at Shahjahanpur on 17.3.1995 and was placed at serial No. 28 when his seniority required him to be placed at serial No. 3 just above Sri D.N. Tripathi, who was his immediate junior.

4. The petitioner became entitled to promotion on the post of Chargeman Grade-I w.e.f., 28.10.1996 and further to the post of Foreman w.e.f., 30.10.2002, with reference to the date of promotion of his