The grievance of the appellant was that by bringing in respondents 4 to 8 in the Stores Department and transferring their lien in the Stores Department and calculating their seniority with effect from August 15, 1947, his chances for promotion were materially affected.
Accordingly, the members of the staff of the said organisation were gradually absorbed in the various departments.
Respondent 8 was appointed a Ward Keeper in 1943 and was companyfirmed as ticket collector under the Deputy Traffic Superintendent, Lumding with effect from August 15, 1947.
Respondent 7 was appointed first as a salesman in 1943, and then as a clerk in 1944 in that organisation and was companyfirmed with effect from August 15, 1947.
He was promoted to the post of a Ward Keeper on June 4, 1949 in the Depot Wing of the Controller of Stores.
The Controller of Stores, by a Memorandum dated May 26, 1960, transferred the lien of respondents 4 to 8 to the Stores Department wherein the appellant, as aforesaid, was a permanent time keeper, from the respective posts to which they were assigned with effect from August 15, 1947 against the posts of Depot Clerks.
They, therefore, acquired their lien on the respective posts assigned to them and declared against their names in the said list.
Respondent 6 was appointed in 1943 and was companyfirmed in his post under the Deputy Traffic Superintendent, Lumding with effect from August 15, 1947.
Respondent 4 was appointed as a sales man in the said organisation in 1944 and was companyfirmed with effect from August 15, 1947 under the Deputy Traffic Superintendent, Lumding.
During the last World War, the said Railway organised temporarily a Food Supply Organisation where in a number of persons, including respondents 4 to 8, were appointed.
Thus, both the appellant and respondents 4 to 8 were companyfirmed in their respective posts on the same day, i.e., August 15, 1947.
The Memorandum also declared that the seniority of respondents 4 to 8 should be given effect to as from August 15, 1947 in the Stores Department.
In January 1951, the then Chief Administrative Officer issued a list showing the absorption of the staff of the said organisation against the 10 per cent reservation in the permanent posts in the different departments and their companyfirmation in such posts.
Respondent 5 was appointed a clerk in 1943 and was companyfirmed in the Head Office Wing of the Controller of Stores Department in 1944.
Respondents 4 to 7 were shown in the said list in the category and scale of TYC 55 130 and respondent 8 as ticket companylector with effect from August 15, 1947 and were allotted to the office of the Deputy Traffic Superintendent, Lumding.
The appellant joined service in the North East Frontier Railway as a Depot clerk in 1942 and was companyfirmed and made permanent in that post on August 15, 1947.
M. Shelat, J. This appeal is founded on a certificate granted by the High Court of Assam and Nagaland against its order of dismissal of the writ petition filed by the appellant.
