- (1.) This appeal is from the judgment and decree passed by the learned Subordinate Judge at Asansol affirming those of the learned Munsif at Asansol even though the reasons advanced by the Court of appeal below were different from those given by the learned Munsif.
(2.) The case of the plaintiff A. B Prosad who is the respondent here is as follows : The plaintiff on June 4, 1956 was directly recruited to the post of a Ticket Collector under the defendants. He was confirmed as such on December 28, 1959. By virtue of his seniority he was entitled to be promoted to the post of Travelling Ticket Examiner, Grade II, but the defendants by an order dated April 11, 1968 promoted to the post of Travelling Ticket Examiner, four persons, namely, B. N. Dey, B. D. Singh, A. K. Mukherjee and M. A. Siddique who were all junior to the plaintiff as Ticket Collector. The said four persons were promoted as aforesaid on the basis of a seniority list dated December 16, 1967. In some earlier seniority lists the plaintiff was placed above the said four persons. The said seniority list dated December 16, 1967 was illegal, void and inoperative inasmuch as it was prepared in violation of the relevant rules. The plaintiff accordingly asked for a declaration that the said seniority list dated December 16, 1967 was illegal, void and inoperative. He further asked for an order of injunction restraining the defendants from giving effect to the said order of promotion of the four persons referred to above.
(3.) The defendants who are the present appellants denied the truth of the material allegations contained in the plaint. Their specific case is that the plaintiff was not senior to the said four persons and could not, as such, claim promotion before those persons. The seniority list dated Dec. 16, 1967 was quite legal and valid and was made in conformity with the rules and circulars of the Railways.;