(1.) The petition is by a Western Railway servant. He is a member of the Scheduled Caste. He was appointed as a clerk on 2nd September, 1967. In 1972 he was promoted as a senior clerk, in 1978 as a head clerk and in 1980 as a chief clerk, in which the position he was working when the petition was filed.
(2.) The 3rd respondent is, on the admission of Western Railway authorities, junior to the petitioner and is so shown in the seniority list. The 3rd respondent has filed a suit in the City Civil Court at Bombay claiming a higher seniority. To this suit the petitioner is not a party. For the purposes of this petition the petitioner shall, on the basis of the seniority list, be considered senior to the 3rd respondent.
(3.) The 3rd respondent is also a member of the Scheduled Caste. On 31st October, 1981 the 3rd respondent was placed by the authorities on a select list for promotion to the post of Office Superintendent. This order stated that the petitioner had not been considered suitable for the promotion to the post of Office Superintendent. The petitioner challenges this order.