UNION OF INDIA Vs. MANGAT SINGH

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for declaration that the entire selection for the post of Assistant Inspector of Works (A. I. O. W.) was illegal for non-inclusion of the name of the plaintiff in the selection list.

(2.) THE case set up by the plaintiff was that he was appointed by the defendant as work Mistri on 29-12-1985 at Moradabad. THEreafter he was sent on deputation to the office of the Chief Engineer Construction, Garwa Road, District Palamu (Bihar). After working for some time he was given a chance to work as Assistant inspector of Works vide order dated 21-3-1961. He worked there in that capacity till 30-5-1967. He was reverted thereafter to the post of Mistri grade I and worked at Palamu till 31-12-1968.

(3.) THE plaintiff was a Jatav by caste. Under rules, 17% of the total vacancy should have been filled up from the reserved quota. At Palamu he was allowed to work as Assistant Inspector of Works from March, 1961 to May, 1967. He was fully qualified to be appointed on the said.