ORDER : S. Rajendra Babu, J. An application was filed before the Central Administrative Tribunal, Allahabad Bench (hereinafter referred to as the 'Tribunal) by the appellants before us who are employees of the respondents being Gangman, Trollyman, Gateman and are working under the permanent Way Inspector in the same division of the Northern Railway. The normal avenue of promotion on the basis of seniority is Key Man/Mate and the next higher category 'C' post is that of permanent Way Mistries (P.W.M) on seniority cum suitability test from amongst willing Mates and Keyman failing which from amongst all willing and eligible Gangmen. All literate Gangmen were eligible for promotion as P.W.M. Two chances were given to pass the suitability test and in terms of the letter dated 3 /5.6.1980. 2. These Gangmen and Keymen were considered for promotion on the basis on seniority cum suitability. The appellants pleaded that pursuant to the selection made in 1982-1983 results had been declared and they are entitled to appointments as a result of their success in the test. 3. The Tribunal took the view that it is permissible for the Railway Board to cancel the selection process at any stage or make it provisional and such a course is available until right to hold higher post had not come into existence. None of the rights that have accrued to the respondents are being taken away and on that basis disposed of the matter directing that there is no bar for the appellants to participate in the fresh selection if they fulfil the requisite conditions and qualifications. It now transpires that earlier selections had not been cancelled but a different process was adopted as indicated in the additional affidavit filed before us wherein they categorised certain persons as seniors and juniors and selection process was effected. But it is not necessary for us to examine these pleadings in this proceeding as basis upon which the Tribunal had proceeded stands knocked out in view of the stand taken by the Board in these proceedings. In these circumstances, the order made by the Tribunal shall stand set aside and the matter is remitted to the Tribunal for fresh consideration in accordance with law after considering the stand taken by the respondents in these proceedings. In these circumstances, the order made by the Tribunal shall stand set aside and the matter is remitted to the Tribunal for fresh consideration in accordance with law after considering the stand taken by the respondents in these proceedings. It is unfortunate that the Railway Board has taken prevaricating stands at different stages of the matter leading to lot of heart burn apart from causing injustice to eligible candidates. In giving appropriate reliefs to the Appellants the Tribunal shall bear this aspect in mind and make suitable adjustments of equities as well as grant appropriate costs. The appeals are allowed accordingly.