UNION OF INDIA Vs. HANS RAJ

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the Subordinate Judge dated 15th May, 1976.

(2.) These are the facts. The plaintiff/respondent Hans Raj brought a suit against the Union of India on 16th August, 1971 challenging the order of his retirement which took effect from 24th July, 1968. His case was that as a Subedar he was entitled to go upto 24th July, 1970. The second plank of his claim was that he was also entitled to be considered for promotion to the post of Subedar Major in 1969 when his junior Har Milapi J.C. was promoted. But he having been retired in 1968 he was not considered for promotion nor promoted in fact. He claimed a decree for declaration and for Rs. 14,352-70. The particulars of the claim made in the plaint are these :

(3.) As regards promotion the learned Judge rejected the claim on the ground that it was a selection post and there was no knowing whether the plaintiff would have been promoted to the post of Subedar Major. From the decree of declaration and pay the Union of India appeals to this Court. The plaintiff-respondent has filed cross-objections as regards his claim for promoti.