- (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. On the pleadings of the parties the trial court framed issues. Only following issues are relevant for the decision of the present appeal. (i) Whether the plaintiff was entitled to be promoted on this reserved post of the I. P. O. 's Cadre as scheduled caste candidate ? (viii) Whether the plaintiff was entitled to be included in I. P. O's cadre as a Scheduled Castes candidate ? (ix) Whether in accordance with Post and Telegraph Manual, Chapter-VIII, Rule 279/1 the plaintiff possessed necessary qualifications. If yes, then whether the plaintiff was rightly declared successful in Army Postal Service ? The trial court considered issue Nos. VIII and IX together and on the basis of the evidence on record held that the plaintiff did rt possess the necessary qualifications for I. P. O. 's Cadre and was entitled to be considered for the post of I. P. O. 's Cadre.
(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. On the basis of the aforesaid findings the trial court decreed the suit of the plaintiff and declared that the plaintiff is entitled to be promoted in Inspector, Post Offices Cadre from the date Sri Ram Swarup was promoted in the Inspector, Post Offices Cadre.;