The Union of India took the matter before the High Court in second appeal.
Then he was transferred to Dandakaranya Development Authority on 31.1.1959.
On 30.10.1971 he was served with an order dated 14.10.
Subsequently by an order dated 1.1.1973, he was declared as surplus from this post and was relieved of his duties on the forenoon of 1.1.1973.
175 6 205 7 240, The appeal before the Second Additional District Judge, Bastar, taken by the Union of India, against this judgment was dismissed with companyts.
The Trial Court decreed the suit with companyts and directed the defendant to appoint the plaintiff as a welder in the pay scale of Rs.
The appellant declined the offer.
1971 by which he was re designated as a Senior Welder in the pay scale of Rs.
170 6 240 to be effective from 1.3.1968.
Hence the appeal, by special leave.
The appellants case before us as well as before the Courts below is that his removal from service as surplus amounts to retrenchment, the new scale offered to him in effect amounts to demotion and that the removal was in violation of the accepted numberms and principles of law.
He was appointed as a Welder in Central Tractor Organisation in 1950 in which post he served for nine years.
Consequently he filed the suit from which the appeal arises, praying that since the order treating him as surplus was illegal, he should be declared to be still companytinuing in service.
I4 B/76, before the II Civil Judge, Jagdalpur is the appellant before us.
Khalid, J. The plaintiff in Civil Suit No.
