PARGAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal under Order 43 rule I (u) of the Code of Civil Procedure (hereinafter called 'the Code') on behalf of the plaintiff is directed against the judgment and order dated 21st July, 1980 remanding the suit to the trial court. It has arisen in the following circumstances.

(2.) The plaintiff is employed in post office. He was originally appointed as Junior Assistant at Quetta in Baluchistan Adminstration and he worked in that capacity till August, 1947 when the partition of the country took place. He opted for India. He was treated as a Central Government employee. The plaintiff represented to the Central Government for fixation of his seniority in accordance with various orders applicable to his case. The respondent- defendant it appears did not fix his senority as demanded. He, therefore, filed the present suit on 21st May, 1971 for a declaration that his seniority in service was to be fixed with effect from 27th March, 1945 and that he Was entitled to all benefits accordingly. He further prayed for the issue of a mandatory injunction requiring the defendants to fix his seniority. The defendants contested the suit. The following issues were framed :

(3.) The trial court after recording evidence decreed the suit in terms of the prayer contained in the plaint.