- (1.) Special leave granted.
(2.) The appellant who is presently holding the post of Assistant Gd./ KIR Goods Clerk was selected for appointment as Ticket Collector and a memorandum to that effect was issued by the Divisional Railway Manager on 19.11.1983. On 22.11.1983 this memorandum was altered and the appellant was promoted to the post of Goods Clerk instead of the post of Ticket Collector. He challenges the second memorandum on the ground that certain advantages and benefits to which he would have been entitled as a Ticket Collector will not be available to him as Goods Clerk. In the counter affidavit no reasons have been stated for altering the selection of the appellant from the post of Ticket Collector to that of Goods Clerk. All that is said is that originally 9 candidates were empanelled although it was necessary to empanel 23 candidates. When this error was pointed out to the selecting authority a panel 6f 23 candidates was prepared for promotion. This does not explain why the original empanelling of the appellant as a ticket collector should have been changed to that of a goods clerk. In the circumstances, we have no option but to direct the respondents to post & the appellant as, a ticket collector as originally selected by the memorandum dated 19.11.1983 The appeal is allowed accordingly. The appellant is entitled to costs.;