M.P.Singh - (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. After expiry of the deputation period he was sent to his parent department, office of Divisional Superintendent, on 1-1-1969 at Moradabad. In the meantime the post of the work Mistri has been designated as Sub- Overseer Mistri Grade I. In January, 1969 when the plaintiff came back to Moradabad, he came to know that in the year 1962 a selection was held for 5 posts of Assistant Inspector of Works and in the year 1968 similar selection took place for 8 posts. The said posts have been filled up. The plaintiff was eligible, to be considered for selection. Non-consideration of his name made the entire selection illegal as he had a right to be considered for the same.
(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. Had he not been sent on deputation to Palamu (Bihar), then he would have been definitely considered for the post of Assistant Inspector of Works in 1962 itself. The action of the defendant in not considering him lor appointment in 1962 was illegal and the said selection was in breach of the Service Rules. After serving the statutory notice under section 80 CPC dated 21-9-1971 the present suit was filed.;