ORDER

Delay condoned.

2. The 5th respondent, K.R. Ramanandan, was selected by direct recruitment in the year 1977 for selection as Assistant Executive Engineer. All the direct recruits except the respondent were appointed in the year 1978. It was admitted that when he had filed O.P. No.7226/85 in the CAT, Ernakulam Bench, by order dated 31.1.1990 it was held that his appointment was delayed due to laches on the part of the Railway Administration. After his appointment in the year1981, within two years he passed his test. When his case was not considered for promotion as Executive Engineer, he filed the O.A. The Tribunal without deciding the inter se seniority in the cadre of Asstt. Executive Engineers had directed the Railway Administration to consider his case for promotion as Executive Engineer for the years 1984, 1985 and 1986 and if found fit for promotion in any of the posts, to give him promotion for that year and to fix seniority among Executive Engineers accordingly. Pursuant thereto, the respondent was considered and promoted as Executive Engineer. After the above order came to be made, the Railway Administration did not not carry the matter in appeal to this Court. Som