(1.) THE unsuccessful Plaintiff has come up in second appeal against the judgment and decree of the first Appellate Court affirming on appeal those of the trial judge whereby his suit for declaration to the effect that he be deemed to be in service of the Respondent holding the post of a clerk in the cadre and it (the post) be not declared vacant with effect from 8th December, 1973, was dismissed.
(2.) THE facts:
(3.) ON the pleadings of the parties, the following issues were framed: