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Judgment
R.B. Mishra,; V. Balakrishana Eradi and; Y.V. Chandrachud, JJ.-We direct that the cases of such of the petitioners who have already been redesignated as Lower Division Clerks will be considered for appointment as Upper Division Clerks and such appointments shall be effective from the date on which they are held to be entitled to be appointed as Upper Division Clerks. In considering the cases of the petitioners for appointment to the promotion post of Upper Division Clerks, the test which has to be applied according to the rules is the test of seniority-cum-fitness.
Insofar as the promotion to the post of Office Superintendent is concerned, that being a selection post, the concerned authorities shall have to decide in each individual case as to the date from which such promotion shall take place, keeping in view the suitability of the incumbent for that post.
The petitioners will be entitled to all the consequential monetary benefits from the date with effect from which they are promoted as Upper Division Clerks or as Office Superintendents, as the case may be.
The writ petition will stand disposed of in terms of this order.