(1.) THE appellant had filed a suit to challenge the order denying him promotion by terming the action to be wrong and illegal. He had accordingly prayed for a decree of mandatory injunction for directing the respondents to consider his name for promotion to the post of Sectional Officer and for grant of all consequential benefits alongwith 18% interest from the date these would be due till the date of actual disbursement.
(2.) THE appellant had joined the respondent-Department as a Surveyor. He claims to have maintained an unblemished record and, thus, statedly fulfilled all qualifications and requirements for promotion to the post of Sectional Officer/Junior Engineer. In the year 1977, respondent-Department promoted several Surveyors to the post of Sectional Officer/Junior Engineer but did not consider the name of the appellant. THE appellant had accordingly made a representation to consider his name for promotion, though he was not claiming any relief against those employees who had since been promoted.
(3.) ON the basis of the pleadings, following issues were framed: