Rameshwar Singh Malik, J. - (1.) PLAINTIFF is in second appeal against the judgment of reversal passed by the learned Additional District Judge, whereby judgment and decree of mandatory injunction passed by the learned trial Court, was set aside and the appeal of the defendants was allowed.
(2.) BRIEFLY put, facts of the case are that plaintiff -appellant filed a suit for mandatory injunction, for directing the respondents -defendants to allow one increment to the plaintiff, in view of the circular dated 8.3.1990 and particularly under clause 2(ii) thereof, w.e.f. 16.4.1986 alongwith all other consequential benefits. Having been served in the suit, defendants appeared and filed their written statement taking more than one preliminary objections. It was stated that the diploma course was not passed by the plaintiff from an institution recognised by Government of India. Entitlement of the plaintiff for claiming one increment on the basis of circular dated 8.3.1990 was denied and it was prayed that suit of the plaintiff may be dismissed.
(3.) ON completion of pleadings of the parties, learned trial court framed the following issues: - "1. Whether the plaintiff is entitled to mandatory injunction as prayed for? OPP 2. Relief.";