UNION OF INDIA Vs. D S BAJAJ

JUDGEMENT

(1.) This is a defendant's appeal against an appellate decree of the Senior Subordinate Judge dated 30-7-19S3 reversing the decree of the trial Court and thus decreeing the plaintiff's suit for declaration that the plaintiff is a qualified Subordinate and qualified Engineer and for a mandatory injunction against the Union of India, for "entering the plaintiff's name in the list of temporary qualified subordinates and temporary engineers".

(2.) The plaintiff Joined the Crystal Palace School of Practical Engineering, London, in 1932 and obtained a diploma from there in 1934. On 2-1-1942 he was appointed as a Subordinate in the Central P. W. D. On 21-4-1947 the Government of India issued a memorandum which is marked as Exhibit P.5. In this document the following categories of persons were regarded as qualified subordinates:

(3.) The plaintiff was suspended on 3-5-1948 and he was subsequently reinstated as a Section Officer on 22-5-1951. Meanwhile on 23-9-1948 a letter, Ex. D.13, was issued by the Ministry of Works Mines and Power addressed to the Chief Engineer, Central P. W. D., that a Central Engineering Service Class II was to be constituted and