PHOOL CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) R. B. Mehrotra, J. This is plaintiff's second appeal.

(2.) THE fads necessary for the decision of the appeal are as under : Phool Chandra, the plaintiff, filed Civil Suit No. 373 of 1977 against the Union of India and ethers in the court of Munsif, Etawah. In the aforesaid suit the plaintiff prayed for a relief of declaration that the plaintiff is entitled to be given permanent promotion in Inspector Post Offices (for short I. P. O.) Cadre from the date Sri Ram Swarup, Scheduled Castes candidate has taken over charge in the I. P. Os. cadre. THE suit was contested by the defendants.

(3.) ON consideration of the evidence and the relevant rules the trial court held that out of six seats reserved for Scheduled Caste only four were filled and two seats were vacant to be filled by the Scheduled Caste candidates. The plaintiff was declared successful alongwith other defendants and the plaintiff was qualified and available for filling the post in the I. P. O. 's Cadre. Two posts of the Inspector Post Office Cadre were vacant and there was in justification in not promoting the plaintiff on the aforesaid two posts.