Law:

Section:

SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Tribunal by its judgment dated 12-3-1986 correctly set aside the order of promotion of the appellants by A reference to a Seniority List which had been substituted by a fresh one before the Tribunal delivered its judgment.

2.                  One Shamsuddin Shah and Iftahullah Khan both employed as Principal Appraisers in the Customs Department felt aggrieved by two orders both, dated 9th of August, 1984. By one, the Superintendents, Central Excise/Preventive were promoted to the post of Assistant Collector (B-17) and by the other Principal Appraisers (B-17) were appointed as Assistant Collector ( B- 17). These orders were expressed to be purely temporary and conferring no right of seniority to those promoted/appointed. The grievance of these two Principal Appraisers (B-1.7) was that there existed a joint seniority list of Appraisers and Principal Appraisers, prepared and circulated in July, 1976 which was the correctly prepared list and that list should have governed their selection and promotion. 'Whey also felt that in excluding them from consideration for promotion/appointment and in preferring the respondents in service appeals before the Tribunal, (three of whom are now the appellants, who were admittedly junior to them in the combined list), an illegality had been committed.